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 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

“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

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

As of 1 July 2010 attorney’s may search the Responsible Father Registry. This link will take you to the registration page; an attorney who wishes to search the registry for a pending adoption or termination of parental rights matter will need to register through the above link to be authorized to search the registry.

The registration process takes