South Carolina Legislature


 

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H 3899
Session 110 (1993-1994)


H 3899 General Bill, By P.H. Thomas, Allison, Askins, D.W. Beatty, Canty, 
Cooper, R.S. Corning, Delleney, Govan, L.O. Graham, Harrison, H.G. Hutson, 
Kelley, Lanford, J.H. Neal, Sharpe, D. Smith, J.J. Snow, Stille, C.H. Stone, 
Trotter, Vaughn, Wilder and Witherspoon
 A Bill to amend Section 20-7-1700, as amended, Code of Laws of South Carolina,
 1976, relating to contents of a consent or relinquishment for the purpose of
 an adoption and Section 20-7-1720, relating to withdrawal of consent or
 relinquishment, both so as to provide that withdrawal of consent or
 relinquishment is permitted within seventy-two hours.

   04/13/93  House  Introduced and read first time HJ-6
   04/13/93  House  Referred to Committee on Judiciary HJ-6



A BILL

TO AMEND SECTION 20-7-1700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF A CONSENT OR RELINQUISHMENT FOR THE PURPOSE OF AN ADOPTION AND SECTION 20-7-1720, RELATING TO WITHDRAWAL OF CONSENT OR RELINQUISHMENT, BOTH SO AS TO PROVIDE THAT WITHDRAWAL OF CONSENT OR RELINQUISHMENT IS PERMITTED WITHIN SEVENTY-TWO HOURS.

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

SECTION 1. Section 20-7-1700(A)(7) of the 1976 Code is amended to read:

"(7) that consent or relinquishment once given must may not be withdrawn after seventy-two hours from the time the consent or relinquishment is signed, except by order of the court upon a finding that it is in the best interests of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;".

SECTION 2. Section 20-7-1720 of the 1976 Code is amended to read:

"Section 20-7-1720. Withdrawal of any a consent or relinquishment is not permitted after seventy-two hours from the time the consent or relinquishment is signed, except by order of the court after notice and opportunity to be heard is given to all persons concerned, and except when the court finds that the withdrawal 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. Any A person attempting to withdraw consent or relinquishment shall file the reasons for withdrawal with the family court. The entry of the final decree of adoption renders any consent or relinquishment irrevocable."

SECTION 3. This act takes effect upon approval by the Governor.

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