Adoption Flashcards
Adoption
Adoption
Adoption is the creation of statute and is intended to provide all children with a permanent family life.
Legal relationship : Adoption creates a legal relationship whereby the child is deemed the child of the adoptive parents for every purpose, including inheritance. Adoptive parents and children are entitled to all rights and privileges and are subject to all obligations appurtenant to natural born children.
Who May be Adopted
Who may be adopted :
(1) any child present in SC when the petition for adoption is
filed, regardless of the place of birth or residence
(2) a spouse’s child or a child related by blood or marriage
(3) an adult with the consent of
a. the adult adoptee or his/her guardian and
b. the adoptive parent’s spouse, if the adoptive parent will
be a sole adoptive parent
Who may Adopt
Who may adopt :
(1) any SC resident, but residency is not required if
a. the child is to be placed with a biological or marital
relative
b. unusual or exceptional circumstances exist such that
the child’s best interests would be served by placement
out of state, including
i. adoptive parent’s participation in birth of child
ii. bonding between adoptive parent and child
iii. birth parents’ selection of adoptive parents
The family court must then determine the adoption
was not contrived to circumvent SC’s policy against
baby selling.
c. at least one adoptive parent is in the military, stationed
in South Carolina
d. the child has special needs
e. the child has been in foster care at least six months
after having been legally freed for adoption, and no SC
parent has been identified as a prospective adoptive
home
f. notoriety concerning the child or the child’s family is
such that the child’s best interests would be served by
an out of state adoption.
Who Must Consent
Who must consent :
(1) An unwed father’s right to consent depends on the age of the child:
a. An adoption must have the father’s consent if the
father is not married, the child is over 6 months old, and
the father has maintained contact by paying support
and either visiting the child monthly if he can or having
regular communication with the child when he cannot
visit.
b. An adoption must have the father’s consent if the
father is not married and the child is less that 6 months
old if the father lived with the mother for 6 months
immediately preceeding the placement for adoption
and held himself out as the father or the father paid
support for the child or expenses of the mother’s
pregnancy or birth.
Good faith efforts will excuse the literal requirements of the statute.
(2) In an adult adoption, the adult to be adopted and the
spouse of the adoptive parent must consent.
(3) The legal guardian, child placement agency, or legal
custodian of the child must consent if authority is vested in that person and either both parents or dead or parental
rights of both parents have been judicially terminated.
(4) The mother of a child must consent.
(5) If a minor is more than 14, he must consent to the adoption unless he does not have the mental capacity to consent or his best interests are served by not requiring consent.
(6) The agency placing a child or person facilitating the
adoption must consent if the child has been relinquished for adoption to that agency or person.
(7) Parents or the surviving parent of a child conceived or born during the marriage of the parents must consent.
Consent and Payment
Payment : The law forbids the payment of compensation for adoptive consent.
Timing of Consent : Consent to adopt should be procured after the birth of the child. It is unclear whether pre-birth consent may be ratified by a mother’s subsequent acts.
Withdrawal of consent : Withdrawal of consent is not permitted except
(1) by order of the court after notice and opportunity to be
heard is given all concerned parties and the court finds
a. withdrawal is in the best interests of the child and
b. consent or relinquishment of parental rights was not
given voluntarily or was obtained under duress or
coercion.
(2) final order of adoption renders any consent irrevocable.
