Consent and Relinquishment

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

“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

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

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

“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

A Consent and Relinquishment( "Consent") is an adoption attorney’s best tool for a smooth adoption. With one from each parent in hand , the adoption will be made final with few or no problems with few exceptions.

Executing a consent can be as easy as executing a simple will or as complicated as executing a complex contract between