adoption Flashcards
what is consent?
a parent or guardian voluntarily and knowingly gives up certain rights related to the child, and they do so in writing.
what must a bio parent do before they consent to adoptin
the parent must have already relinquished their rights to that agency or person before they can consent to the placement.
what does relinquishment mean
“Relinquishment” means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to a child placing agency or to a person who facilitates the placement of a child for the purpose of adoption and to whom the parent has given the right to consent to the adoption of the child
What type of cases does family court have exclusive jurisdiction over?
Family court has exclusive jurisdiction over adoption cases under this law.
Where can residents file for adoption cases?
Residents can file in the family court where they live, where they are stationed (military), or where the child lives or was born.
Where must nonresidents file for adoption cases?
Nonresidents must file where the child lives, was born, or where the agency holding custody is located.
Can the family court change the venue for adoption cases?
Yes, the family court can change the venue, just like in other civil cases.
Who may be adopted in this State?
Any child present within this State at the time the petition for adoption is filed, irrespective of place of birth or place of residence.
what does it mean for a child to be special needs? (4 possibilites)
- children who have siblings
- children are of a margilized ethnic group
- children 6 or older or
- children w physcial, mental or emotional disablites
Who can petition the court to adopt a child in South Carolina?
Any South Carolina resident may petition the court to adopt a child.
under what circumstances can a non resident adopt a child in sc (6)
- child is special needs
- child will be placed w family
- one of the adoptive parents is in the military stationed in sc
- unusual circumstances
5.child been in foster care for 6 months and no SC person can take them - all people required to give consent have given it OR
- the department has placed them
who is allowed to advertise adoption
no one except DSS, child placing agency, or an atty
what is an excpetion to the adveertisment rule
individuals with a current approved home study can advertise that they want to adopt a child.
what happnes if someone adversistes illegially
(1) Violating the advertising rule is a misdemeanor — punishment can be up to a $500 fine or 30 days in jail (or both).
(2) Family court can issue an injunction to stop violations.
who must give consent if the child is over 14 and was conceived/born during marraige
the adoptee and both parents
who must give consent if the child is child born out of wedlock
the mother alwasy
if the child was placed for adoption more than 6 mohts after birth: the father must give consent only if he mainatied contact w the child
if the child is placed for adoption w/in 6 months of birth the father must give consent only if he lived w the child or mother for six months before placement and claimed the kid or paid support for the child/pregnancy
who is not required to give consent or relinquishment
parents whose rights have been terminated, parents who are mentally incapable and unlikely to provide acceptable care, or parents who conceived the child through criminal sexual conduct or incest
how should the consent or reliqishment documents be signed
in the presence of two witnesses. must certify that it was voluntary and not obtained under duress. a copy should be given to the person signing
when can consent or relinqhsiment be withdrawn
by court order and after notice and hearing; the court has to think its for best intrest of child and that the consent was not voluntary or it was given under coercion
how can someone withdraw their consent
file their reason w the court
when does withdrawal or consent become permanently irrevocable
once a final decree for adoption is entered
what must be terminated before child is eligible for adoption
biological parental rights
What is the purpose of the Responsible Father Registry?
To provide notice to unmarried biological fathers who affirmatively assume responsibility for children they may have fathered by registering with the Responsible Father Registry.
