H*3954(Rat #0251, Act #0237 of 1996)  General Bill, By Young-Brickell, Bailey, 
C.D. Chamblee, Davenport, Easterday, Harrison, Haskins, R.J. Herdklotz, 
Inabinett, Knotts, Littlejohn, Mason, Riser, Robinson, Vaughn, D.C. Waldrop and 
Witherspoon
 A Bill to amend Section 20-7-1670, as amended, Code of Laws of South Carolina,
 1976, relating to persons who may petition to adopt, so as to further provide
 for specific findings the court must make in allowing a nonresident to adopt a
 child in South Carolina and to correct internal references; and to amend
 Section 20-7-1700, as amended, relating to consent and relinquishment for the
 purpose of adoption, so as to require consent and relinquishment to be given
 after the birth of an adoptee.-amended title

   04/06/95  House  Introduced and read first time HJ-35
   04/06/95  House  Referred to Committee on Judiciary HJ-35
   05/18/95  House  Committee report: Favorable with amendment
                     Judiciary HJ-32
   05/24/95  House  Amended HJ-12
   05/24/95  House  Read second time HJ-13
   05/25/95  House  Read third time and sent to Senate HJ-5
   05/25/95  Senate Introduced and read first time SJ-20
   05/25/95  Senate Referred to Committee on Judiciary SJ-20
   02/07/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-7
   02/08/96  Senate Amended SJ-17
   02/08/96  Senate Read second time SJ-17
   02/13/96  Senate Read third time and returned to House with
                     amendments SJ-9
   02/21/96  House  Concurred in Senate amendment and enrolled HJ-39
   02/27/96         Ratified R 251
   03/04/96         Signed By Governor
   03/04/96         Effective date 03/04/96
   03/13/96         Copies available
   03/13/96         Act No. 237

AN ACT TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA AND TO CORRECT INTERNAL REFERENCES; AND TO AMEND SECTION 20-7-1700, AS AMENDED, RELATING TO CONSENT AND RELINQUISHMENT FOR THE PURPOSE OF ADOPTION, SO AS TO REQUIRE CONSENT AND RELINQUISHMENT TO BE GIVEN AFTER THE BIRTH OF AN ADOPTEE.

Be it enacted by the General Assembly of the State of South Carolina:

Court to make specific findings relative to adoption

SECTION 1. The second paragraph of Section 20-7-1670 of the 1976 Code is amended to read:

"Before a child is placed within or outside the boundaries of this State for adoption with nonresidents of this State, compliance with Subarticle 11, Article 11, Chapter 7 of Title 20 (Interstate Compact on the Placement of Children) is required, and a judicial determination must be made in this State that one of the circumstances in items (a) through (f) of this section applies, whether or not the adoption proceedings are instituted in South Carolina. Additionally, in order to determine if any of the circumstances in items (a) through (f) of this section apply so as to permit placement with a nonresident for the purpose of adoption or adoption by a nonresident, a petition may be brought for the determination before the birth of the child or before placement of the child with the prospective adoptive parents. In ruling on this question the court must include in its order specific findings of fact as to the circumstances allowing the placement of a child with a nonresident or the adoption of a child by a nonresident. The court also must analyze the facts against the objective criteria established in Sections 16-3-1060 and 20-7-1690(F) and make specific findings in accordance with the pertinent law and evidence presented. The order resulting from this action does not prohibit or waive the right to refuse to consent to a release of rights or relinquish rights at a later time nor to withdraw a consent or relinquish at a later time as provided in this chapter. The order must be merged with and made a part of any subsequent adoption proceeding initiated in South Carolina."

Consent or relinquishment required after birth of adoptee

SECTION 2. Section 20-7-1700(A) of the 1976 Code, as last amended by Act 653 of 1988, is further amended to read:

"(A) Consent or relinquishment for the purpose of adoption, pursuant to Section 20-7-1690, must be made by a sworn document, signed by the person or the head of the agency giving consent or relinquishment after the birth of the adoptee, and shall specify the following:

(1) the permanent address of the person or agency making the sworn written statement;

(2) the date, time, and place of the signing of the statement;

(3) the date of birth, race, and sex of the adoptee and any names by which the adoptee has been known;

(4) the relationship of the adoptee to the person or agency giving consent or relinquishment;

(5) the name and address of the adoptee's mother or father;

(6) that the consent or relinquishment by the person or agency forfeits all rights and obligations of the person or agency with respect to the named adoptee;

(7) that consent or relinquishment once given must not be withdrawn except by order of the court upon a finding that it is in the best interests of the child, and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion; and that the entry of the final decree of adoption renders any consent or relinquishment irrevocable;

(8) that the person or agency giving the consent or relinquishment understands that consent or relinquishment must not be given if psychological or legal advice, guidance, or counseling is needed or desired and that none is needed or desired;

(9) that the person or agency giving the consent or relinquishment waives further notice of the adoption proceedings, unless the proceedings are contested by another person or agency;

(10) that the person or agency giving the consent or relinquishment is doing so voluntarily, and the consent or relinquishment is not being obtained under duress or through coercion; and

(11) that the person or agency giving the consent or relinquishment has received a copy of the document."

Application of act

SECTION 3. This act applies to an adoption placement made or a proceeding initiated on or after this act's effective date.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 4th day of March, 1996.