Section 63-9-310 of the South Carolina Code of Laws, as amended, lists the individuals and agencies that are required to give consent to an adoption. One of the individuals that is required to consent to the adoption is “the adoptee, if over fourteen years of age, except where the court finds that the adoptee does
Consent and Relinquishment
Custody now; Adoption later
I have been working with folks on adoption matters for some time now. One thing that I have learned that has benefited several of my clients is that gaining custody of a child that my clients are seeking to adopt is a more sound approach than attempting to adopt the child immediately.
One specific reason…
Artificial Insemination
Artificial Insemination is mentioned one time in the South Carolina adoption statutes under the Responsible Father Registry statute. The implication is that a father who consents to artificial insemination continues to have rights to the child and may preserve those rights by filing with the Responsible Father Registry. Section 63-9-820(L) of the South Carolina…
Service of the Petition for Termination of Parental Rights on the Child
By Russell W. Hall III on
The service of the petition for termination of the parental rights must be served on a child if the child is fourteen years of age or older; and it must be served on the child’s guardian if the child is under the age of fourteen.
The direct service on the child that is fourteen years…
Withdrawal of Consent or Relinquishment
By Russell W. Hall III on
“Withdrawal of any consent and relinquishment is not permitted except by order of the court after notice and opportunity to be heard is given to all persons concerned, and except when the court finds that the withdrawal is in the best interest of the child and that the consent or relinquishment was not given voluntarily…
Consent and Relinquishment: Two Witnesses
By Russell W. Hall III on
Posted in Adoption, Consent and Relinquishment
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…
Consent and Relinquishment and TPR without Adoption
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…
ICWA (Indian Child Welfare Act) and Adoption Part 1
By Russell W. Hall III on
If an Indian Child, any unmarried person who is under age eighteen and is either a member of any Indian tribe or is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe, is the subject of an adoption then the ICWA applies to the adoption.…
Husband: Presumptive Legal Father
“In South Carolina, there is a common law presumption that a child born during lawful wedlock is a child of the marriage.” Fisher v. Tucker, 388 S.C. 388, 697 S.E.2d 548 (S.C. 2010).
“No judgment of divorce from the bonds of matrimony shall render illegitimate the child begotten of the marriage.” Section 20-3-200…
Dale Dove: A Miracle Worker
By Russell W. Hall III on
Dale Dove has been my mentor in adoption law and life for the past four years; he has taught me quite a bit about both. To get a small taste of Dale’s passion for both the law and life read about his quest to help the McClain family adopt Alyssa before Mr. McClain dies in A Dying Man’s Race…