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
Consent and Relinquishment
ICWA (Indian Child Welfare Act) and Adoption Part 1
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
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…
Consents and Relinquishments Made Simple (Part 1)
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…
Another Attorney’s Analysis of Roe v. Reese
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.
Supreme Court: Father Needs to Grasp Opportunity and Accept Measure of Responsibility to Protect Rights
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…
Which Fathers Need to be Named as Defendants in an Adoption?
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…
Two Witnessess Required for a Consent and Relinquishment
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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The Give and Take of a Consent and Relinquishment
“Waiting Period” “Reflection Period”…
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