Using The Law To Bring Families Together
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…
In my last blog, I talked about the ramification of the recent Roe v. Reese decision on father’s rights and the effects it has on my clients; my take seems to be elementary compared with Gregory S. Forman’s take. You can read his take at his blog.
In Roe v. Reeves, the adoptive parents appeal a family court’s decision where the birth father claims his consent was necessary prior to another couple adopting his child. The family court agreed with the father; the Supreme Court reversed stating that the father did not undertake sufficient good faith effort to assume parental responsibility…
Any father whose consent and relinquishment is required must be named a defendant in an adoption proceeding if he does not consent and relinquish his rights.
If the child was conceived or born during the marriage of husband and wife whether or not the husband is the actual father, the husband’s consent and relinquishment is required. If he…
In an adoption, the adoptive parents may need to obtain a consent and relinquishment from the biological mother and father. To be valid, South Carolina Code of Laws Section 63-9-340 provides that the consent and relinquishment "must be signed in the presence of two witnesses one of whom must be on of the following:
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“Waiting Period” “Reflection Period”…
Continue Reading The Give and Take of a Consent and Relinquishment
The requirement for whether or not the biological father signs a consent and relinquishment depends on whether he is married to the mother or not and if not, his involvement in the child’s life.
It seems natural to assume that if the father is married to the mother at the time of conception or birth, the adoptive parents would be…