Termination of Parental Rights
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…
Termination of Parental Rights 63-7-2570(2)
By Russell W. Hall III on
Posted in Family Law, Termination of Parental Rights
“The family court may order the termination of parental rights upon a finding of one or more of the following grounds and a finding that termination is in the best interest of the child:
(2) The child has been removed from the parent pursuant to subarticle 3 or Section 63-7-1660 and has been out of…
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…
TPR: Abandonment
By Russell W. Hall III on
Posted in Termination of Parental Rights
A parent’s rights may be terminated if the parent abandons the child. Abandonment of a child is when a parent wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child’s needs or the continuing care of the child.
Section 63-7-20(1) of the South Carolina Code of…
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 and Adoption Law Part 3: Recent Case Law
Adoptive Couple v. Baby Girl, a minor under the age of fourteen years, Birth Father, and the Cherokee Nation is a great view of how the South Carolina Supreme Court interprets ICWA and how ICWA meshes with South Carolina adoption law. Enjoy!
ICWA and Adoption Law Part 2 (Involuntary Termination)
By Russell W. Hall III on
In addition to following South Carolina Termination of Parental Right Statutes under Section 63-7-2570 of the South Carolina Code of Laws, as amended, or the Notification Statute under Section 63-9-730 of the South Carolina Code of Laws, as amended to terminate an Indian parent’s rights, the petitioners must follow the requirements of the ICWA.
Specifically…