In South Carolina, all adoptions of minors require a guardian ad litem to be appointed to represent the interest of the minor. In Horry County, the guardian ad litem is an Attorney.

The purpose of the guardian ad litem is to perform an investigation to determine if the adoption is in the best interest of

A Consent and Relinquishment is invalid if the attorney-witness fails to be present when the birth mother (or father) signed the document and both witnesses failed to observe the statutorily-required discussion of the provisions of the Consent and Relinquishment.

Practice Point: Make sure both witnesses are in the room with the birth mother or father

Almost any time that you have a multistate adoption, you trigger the Interstate Compact on the Placement of Children. One way to determine if ICPC is triggered is to determine if the Sending Agency sent, brought, or caused to be sent or brought any child to another party state for the purposes of adoption.

Sending

In Adoptive Couple v. Baby Girl, the United States Supreme Court, in essence, says that an absentee Indian cannot rely on ICWA to challenge an adoption. The Court said that the heightened standard outlined in ICWA does not apply to a parent that has not either had physical or legal custody of the child. The essence of the ICWA is to preserve

Terminating a parent’s rights or taking his consent and relinquishment without a pending adoption primarily occurs  in DSS cases. The Court approving a Consent and Relinquishment or terminating a parent’s rights without a pending adoption is rare in private actions. The person would have had to have done something  egregious to warrant a Court terminating