H*2818 Session 106 (1985-1986)
H*2818(Rat #0515, Act #0464 of 1986) General Bill, By Wilkins, M.O. Alexander,
D.M. Beasley and P. Evatt
Similar(S 520)
A Bill to amend Subarticle 3 of Article 13 of Chapter 7 of Title 20, as
amended, Code of Laws of South Carolina, 1976, relating to the Children's
Bureau, by adding Section 20-7-2327 so as to provide for the placement of
children by the Children's Bureau; by adding Section 20-7-2335 so as to
provide for the requirements of placement; by adding Section 20-7-2337 so as
to provide for the contents of records of placement; by adding Section
20-7-2345 so as to provide for the Children's Bureau to be the guardian of
children committed to its care and to require the Children's Bureau's consent
to adoption of the children; by adding Section 20-7-2355 so as to provide for
the requirements relating to removal of children from the biological mother;
and by adding Section 20-7-2365 so as to require notification to the
Children's Bureau of children brought into this State and reports on the
location and well-being of the children; to amend Subarticle 7 of Article 11
of Chapter 7 of Title 20, as amended, relating to adoption, so as to provide
for the Subarticle to be cited as the South Carolina Adoption Act; to
establish the purpose of the Subarticle; to define terms; to set forth new
provisions as to who may adopt a child; to delete the provisions detailing
certain requirements of adoption proceedings; to provide for the Family Court
to have exclusive jurisdiction over adoption proceedings and where the
proceedings may be brought; to provide who must give consent or relinquishment
for the purpose of adoption; to provide for the assessment of all costs, not
only incidental costs, for expenses incurred or fees for services rendered in
the consent or relinquishment; to provide who is not required to give consent
or relinquishment; to require consents or relinquishments to be made by a
sworn document to be filed in court, for specifications of the document, and
for the witnessing of the document; to provide when consents or
relinquishments may be given; to allow withdrawal of consents or
relinquishments and to require filing in court of reasons for withdrawal; to
delete the references to interlocutory adoption decree; to delete the
requirement that adoption petitions must be filed in duplicate and verified by
the petitioners; to provide for the contents of an adoption petition and the
information which must be filed with the petition; to provide for appointment
of a guardian ad litem; to provide who is entitled to notice of adoption
proceedings and the requirements of the notice and of intent to contest,
intervene, or otherwise respond; to provide for temporary custody of the
adoptee; to provide new requirements for the contents of reports on
preplacement, background, and postplacement investigations, which must be
completed prior to the final hearing for adoption of a child; to delete the
provisions setting forth adoption requirements when the child is related by
blood or marriage to the petitioner or is the stepchild of the petitioner; to
require certification of certain persons investigating the adoption of a child
or obtaining a consent or relinquishment, provide for promulgation of
regulations relating to certification, allow certified persons to charge fees,
and provide for a directory of certified persons; to provide new requirements
for final hearings on adoption petitions; to provide for the conditions under
which adoptions may be granted; to provide for the requirements of the
contents of an adoption decree; to provide for the effects of an adoption
decree on the adoptee, the adoptive parent, and the biological parents of the
adoptee; to require an accounting of disbursements made in connection with the
adoption, which must be verified by the petitioner, and provide for its
contents; to require the confidentiality of papers and records pertaining to
the adoption; to provide for additional nonidentifying information which may
be disclosed; to provide the conditions under which the identities of the
adoptee and his biological parents and siblings must be disclosed; to provide
for appeals as in other family court matters instead of civil matters; and to
provide for the requirements relating to the adoption of a spouse's child, a
child related by blood or marriage, and adults; and to repeal Sections
20-7-1830 through 20-7-1890, relating to the Children's Bureau.-amended title
04/12/85 House Introduced and read first time HJ-3417
04/12/85 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-3419
02/04/86 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-454
02/05/86 House Debate interrupted HJ-546
02/06/86 House Debate adjourned HJ-576
02/12/86 House Debate adjourned HJ-652
02/13/86 House Amended HJ-716
02/13/86 House Read second time HJ-717
02/14/86 House Read third time and sent to Senate HJ-780
02/19/86 Senate Introduced and read first time SJ-628
02/19/86 Senate Referred to Committee on Medical Affairs SJ-631
03/18/86 Senate Committee report: Favorable with amendment
Medical Affairs SJ-1063
03/26/86 Senate Read second time SJ-1313
03/26/86 Senate Ordered to third reading with notice of
amendments SJ-1313
05/08/86 Senate Amended SJ-2532
05/08/86 Senate Read third time SJ-2539
05/08/86 Senate Returned SJ-2539
05/13/86 House Concurred in Senate amendment and enrolled HJ-2998
05/13/86 House Reconsider vote whereby concurred HJ-3037
05/13/86 House Senate amendment amended HJ-3039
05/13/86 House Returned HJ-3040
05/13/86 Senate Concurred in House amendment and enrolled SJ-2683
05/28/86 Ratified R 515
06/03/86 Signed By Governor
06/03/86 Effective date 12/03/86
06/03/86 Act No. 464
06/03/86 See Act for exceptions to effective date
06/09/86 Copies available
(A464, R515, H2818)
AN ACT TO AMEND SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 7 OF TITLE 20, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S BUREAU,
BY ADDING SECTION 20-7-2327 SO AS TO PROVIDE FOR THE PLACEMENT OF CHILDREN BY THE
CHILDREN'S BUREAU; BY ADDING SECTION 20-7-2335 SO AS TO PROVIDE FOR THE
REQUIREMENTS OF PLACEMENT; BY ADDING SECTION 20-7-2337 SO AS TO PROVIDE FOR THE
CONTENTS OF RECORDS OF PLACEMENT; BY ADDING SECTION 20-7-2345 SO AS TO PROVIDE
FOR THE CHILDREN'S BUREAU TO BE THE GUARDIAN OF CHILDREN COMMITTED TO ITS CARE
AND TO REQUIRE THE CHILDREN'S BUREAU'S CONSENT TO ADOPTION OF THE CHILDREN; BY
ADDING SECTION 20-7-2355 SO AS TO PROVIDE FOR THE REQUIREMENTS RELATING TO
REMOVAL OF CHILDREN FROM THE BIOLOGICAL MOTHER; AND BY ADDING SECTION 20-7-2365
SO AS TO REQUIRE NOTIFICATION TO THE CHILDREN'S BUREAU OF CHILDREN BROUGHT INTO
THIS STATE AND REPORTS ON THE LOCATION AND WELL-BEING OF THE CHILDREN; TO AMEND
SUBARTICLE 7 OF ARTICLE 11 OF CHAPTER 7 OF TITLE 20, AS AMENDED, RELATING TO
ADOPTION, SO AS TO PROVIDE FOR THE SUBARTICLE TO BE CITED AS THE SOUTH CAROLINA
ADOPTION ACT; TO ESTABLISH THE PURPOSE OF THE SUBARTICLE; TO DEFINE TERMS; TO SET
FORTH NEW PROVISIONS AS TO WHO MAY ADOPT A CHILD; TO DELETE THE PROVISIONS
DETAILING CERTAIN REQUIREMENTS OF ADOPTION PROCEEDINGS; TO PROVIDE FOR THE FAMILY
COURT TO HAVE EXCLUSIVE JURISDICTION OVER ADOPTION PROCEEDINGS AND WHERE THE
PROCEEDINGS MAY BE BROUGHT; TO PROVIDE WHO MUST GIVE CONSENT OR RELINQUISHMENT
FOR THE PURPOSE OF ADOPTION; TO PROVIDE FOR THE ASSESSMENT OF ALL COSTS, NOT ONLY
INCIDENTAL COSTS, FOR EXPENSES INCURRED OR FEES FOR SERVICES RENDERED IN THE
CONSENT OR RELINQUISHMENT; TO PROVIDE WHO IS NOT REQUIRED TO GIVE CONSENT OR
RELINQUISHMENT; TO REQUIRE CONSENTS OR RELINQUISHMENTS TO BE MADE BY A SWORN
DOCUMENT TO BE FILED IN COURT, FOR THE SPECIFICATIONS OF THE DOCUMENT, AND FOR
WITNESSING OF THE DOCUMENT; TO PROVIDE WHEN CONSENTS OR RELINQUISHMENTS MAY BE
GIVEN; TO ALLOW WITHDRAWAL OF CONSENTS OR RELINQUISHMENTS AND TO REQUIRE FILING
IN COURT OF REASONS FOR WITHDRAWAL; TO DELETE THE REFERENCES TO INTERLOCUTORY
ADOPTION DECREE; TO DELETE THE REQUIREMENT THAT ADOPTION PETITIONS MUST BE FILED
IN DUPLICATE AND VERIFIED BY THE PETITIONERS; TO PROVIDE FOR THE CONTENTS OF AN
ADOPTION PETITION AND THE INFORMATION WHICH MUST BE FILED WITH THE PETITION; TO
PROVIDE FOR APPOINTMENT OF A GUARDIAN AD LITEM; TO PROVIDE WHO IS ENTITLED TO
NOTICE OF ADOPTION PROCEEDINGS AND THE REQUIREMENTS OF THE NOTICE AND OF INTENT
TO CONTEST, INTERVENE, OR OTHERWISE RESPOND; TO PROVIDE FOR TEMPORARY CUSTODY OF
THE ADOPTEE; TO PROVIDE NEW REQUIREMENTS FOR THE CONTENTS OF REPORTS ON
PREPLACEMENT, BACKGROUND, AND POSTPLACEMENT INVESTIGATIONS, WHICH MUST BE
COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION OF A CHILD; TO DELETE THE
PROVISIONS SETTING FORTH ADOPTION REQUIREMENTS WHEN THE CHILD IS RELATED BY BLOOD
OR MARRIAGE TO THE PETITIONER OR IS THE STEPCHILD OF THE PETITIONER; TO REQUIRE
CERTIFICATION OF CERTAIN PERSONS INVESTIGATING THE ADOPTION OF A CHILD OR
OBTAINING A CONSENT OR RELINQUISHMENT, PROVIDE FOR PROMULGATION OF REGULATIONS
RELATING TO CERTIFICATION, ALLOW CERTIFIED PERSONS TO CHARGE FEES, AND PROVIDE
FOR A DIRECTORY OF CERTIFIED PERSONS; TO PROVIDE NEW REQUIREMENTS FOR FINAL
HEARINGS ON ADOPTION PETITIONS; TO PROVIDE FOR THE CONDITIONS UNDER WHICH
ADOPTIONS MAY BE GRANTED; TO PROVIDE FOR THE REQUIREMENTS OF THE CONTENTS OF AN
ADOPTION DECREE; TO PROVIDE FOR THE EFFECTS OF AN ADOPTION DECREE ON THE ADOPTEE,
THE ADOPTIVE PARENT, AND THE BIOLOGICAL PARENTS OF THE ADOPTEE; TO REQUIRE AN
ACCOUNTING OF DISBURSEMENTS MADE IN CONNECTION WITH THE ADOPTION, WHICH MUST BE
VERIFIED BY THE PETITIONER, AND PROVIDE FOR ITS CONTENTS; TO REQUIRE THE
CONFIDENTIALITY OF PAPERS AND RECORDS PERTAINING TO THE ADOPTION; TO PROVIDE FOR
ADDITIONAL NONIDENTIFYING INFORMATION WHICH MAY BE DISCLOSED; TO PROVIDE THE
CONDITIONS UNDER WHICH THE IDENTITIES OF THE ADOPTEE AND HIS BIOLOGICAL PARENTS
AND SIBLINGS MUST BE DISCLOSED; TO PROVIDE FOR APPEALS AS IN OTHER FAMILY COURT
MATTERS INSTEAD OF CIVIL MATTERS; AND TO PROVIDE FOR THE REQUIREMENTS RELATING
TO THE ADOPTION OF A SPOUSE'S CHILD, A CHILD RELATED BY BLOOD OR MARRIAGE, AND
ADULTS; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, RELATING TO THE
CHILDREN'S BUREAU.
Be it enacted by the General Assembly of the State of South Carolina:
Children's Bureau - placement, records, etc.
SECTION 1. Subarticle 3 of Article 13 of Chapter 7 of Title 20 of the 1976 Code
is amended by adding:
"Section 20-7-2327. The Children's Bureau may place in private homes for
adoption any destitute, delinquent, neglected, and dependent child committed to
the care of the Children's Bureau. Defective and otherwise handicapped children
committed to the care of the Children's Bureau must be placed in institutions
provided by the State for the care of these children, as may appear advisable for
the best interests of the child.
Section 20-7-2335. The Children's Bureau in placing destitute, neglected,
dependent, and delinquent children in private homes shall safeguard the welfare
of each child by a thorough investigation of each applicant, the home, and the
home's environment and shall personally and adequately supervise each child until
the child receives legal adoption or attains legal age.
Section 20-7-2337. The Children's Bureau shall keep a record, as current as
possible, containing the names, ages, addresses, and occupations of the parents
of children coming under the supervision of the Children's Bureau; the dates of
reception, placing, and adoption of children; the name, occupation, and residence
of the person with whom the child is placed; the date and cause of any removal
to another home; and a brief history of each child until the child has reached
the age of eighteen years or has been legally adopted or discharged according to
law.
Section 20-7-2345. The Children's Bureau is the guardian of any destitute,
dependent, neglected, or delinquent child committed to the care of the Children's
Bureau and shall, as soon as practicable, place the child in a private home,
either temporarily or as a member of the family, and, when this action is
considered proper and desirable and does not conflict with any retained legal
rights of the biological parents of the child, the Children's Bureau may consent
in loco parentis to the legal adoption of the child.
Section 20-7-2355. Any person, including but not limited to midwives,
physicians, and nurses, or any hospital, private institution, agency, or
organization who removes a child within six months after the child's birth from
the child's biological mother shall report to the Children's Bureau the names and
addresses of the parents of the child and the names and addresses of the persons
with whom the child is left, unless the person removing the child from the
child's biological mother knows of his own knowledge that the child was born when
the child's mother was married and was not removed from the mother because of
immoral surroundings.
Section 20-7-2365. No person may bring or send into this State from any
territory or country any child and, leaving it, place the child in a foster home
or procure its adoption unless the person so bringing or sending the child first
has notified the Children's Bureau of his intention to do so, and unless the
person has provided the appropriate information as required by the Children's
Bureau. In cases where the State Department of Social Services is contacted by
a sending agency of another territory or country in regard to providing foster
care placement in this State, the department shall notify the Children's Bureau
of its intentions as to bringing and placing the child. The department is also
charged with informing the Children's Bureau as to the location and well-being
of the child on a yearly basis and providing information on the disposition of
the case.
The person bringing or sending the child into this State shall report at least
once each year, and at other times as the Children's Bureau directs, as to the
location and well-being of the child so long as the child remains in this State,
and until it has reached the age of eighteen years or has been legally
adopted."
South Carolina Adoption Act enacted
SECTION 2. Subarticle 7 of Article 11 of Chapter 7 of Title 20 of the 1976 Code
is amended to read:
"Section 20-7-1646. This subarticle may be cited as the South Carolina
Adoption Act.
Section 20-7-1647. The purpose of this subarticle is to establish fair and
reasonable procedures for the adoption of children and to provide for the
well-being of the child, with full recognition of the interdependent needs and
interests of the biological parents and the adoptive parents. However, when the
interests of a child and an adult are in conflict, the conflict must be resolved
in favor of the child. Children may be adopted by or placed for adoption with
residents of South Carolina only, except in unusual or exceptional circumstances.
Section 20-7-1650. As used in Subarticles 7 and 9 of Article 11 of Chapter 7
of Title 20, unless the context otherwise requires:
(a) 'Adoptee' means a person who is proposed to be or who has been legally
adopted;
(b) 'Adoption' means the judicial act of creating the relationship of parent
and child where it did not exist previously;
(c) 'Adoptive parent' means an adult who has become a parent of a child through
the legal process of adoption;
(d) 'Child' means any person under eighteen years of age;
(e) 'Child placing agency' or 'agency' means the Children's Bureau of South
Carolina, State Department of Social Services, and any person or entity which is
licensed pursuant to Sections 20-7-2230 through 20-7-2290 which receives children
for placement for adoption;
(f) 'Consent' means the informed and voluntary release in writing of all
parental rights with respect to a child by a parent for the purpose of adoption;
(g) 'Legal age' means eighteen years of age or older;
(h) '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 for
the purpose of adoption;
(i) 'South Carolina resident' means a person who has established a true, fixed
principal residence and place of habitation in this State, and who intends to
remain or expects to return upon leaving without establishing residence in
another state. Temporary absences for short periods of time do not affect the
establishment of residency; and
(j) 'Special needs child' means children who
fall into one or more of the following categories:
(1) children who are members of a sibling group;
(2) children of mixed racial heritage;
(3) children aged six or older; or
(4) children with physical, mental, or emotional disabilities.
Section 20-7-1660. Any child present within this State at the time the
petition for adoption is filed, irrespective of place of birth or place of
residence, may be adopted.
Section 20-7-1670. Any South Carolina resident may petition the court to adopt
a child. Placement of children for adoption pursuant to this Subarticle 7 of
Article 11 of Chapter 7 of Title 20 is limited to South Carolina residents with
exceptions being made in the following circumstances only:
(a) The child is a special needs child, as defined by Section 20-7-1650;
(b) There has been public notoriety concerning the child or child's family, and
the best interests of the child would be served by placement outside this State;
(c) The child is to be placed for adoption with a relative related biologically
or by marriage;
(d) At least one of the adoptive parents is in the military service stationed
in South Carolina; or
(e) There are specific findings of fact of unusual or exceptional circumstances
that the best interest of the child would be served by placement with or adoption
by nonresidents of this State.
Before a child is placed within or outside the boundaries of this State for
adoption with nonresidents of this State, compliance with Subarticle 11 of
Article 11 of Chapter 7 of Title 20 (Interstate Compact on the Placement of
Children) is required.
Section 20-7-1680. The family court has exclusive jurisdiction over all
proceedings held pursuant to this Subarticle 7 of Article 11 of Chapter 7 of
Title 20. Proceedings for adoption
by residents of this State may be brought in the family court of the county in
which the petitioner resides or is in military service, or in the county in which
the child resides. For nonresidents of this State proceedings for adoption must
be brought in the county in which the child resides or in which the agency having
custody of the child is located.
The family court may order a change of venue as in civil proceedings in this
State.
Section 20-7-1690. (A) Consent or relinquishment for the purpose of adoption
is required of the following persons:
(1) the adoptee, if over fourteen years of age, except where the court finds
that the adoptee does not have the mental capacity to give consent, or that the
best interests of the adoptee are served by not requiring consent; and either
(2) the parents or surviving parent of a child conceived or born during the
marriage of the parents; or
(3) the mother of a child born when the mother was not married; and either
(4) the father of a child born when the father was not married to the child's
mother, if the child was placed with the prospective adoptive parents more than
six months after the child's birth, but only if the father has maintained
substantial and continuous or repeated contact with the child as demonstrated by:
(a) payment by the father toward the support of the child of a fair and
reasonable sum, based on the father's financial ability; and either
(b) visits by the father to the child at least monthly when the father is
physically and financially able to do so, and when the father is not prevented
from doing so by the person or agency having lawful custody of the child; or
(c) regular communication by the father with the child or with the person
or agency having lawful custody of the child, when the father is physically and
financially unable to visit the child, or when the father is prevented from doing
so by the person or agency having lawful custody of the child.
The subjective intent of the father, if unsupported by evidence of the acts
specified in subitems (a), (b), and (c) of this item (4) of subsection (A) of
this section, does not preclude a determination that the father failed to
maintain substantial and continuous or repeated contact with the child. In
making this determination, the court may not require a showing of diligent
efforts by any person or agency having lawful custody of the child to encourage
the father to perform the acts. A father of a child born when the father was not
married to the child's mother, who openly lived with the child for a period of
six months within the one year period immediately preceding the placement of the
child for adoption, and who during the six months period openly held himself out
to be the father of the child is considered to have maintained substantial and
continuous or repeated contact with the child for the purpose of this item (4)
of subsection (A) of this section; or
(5) the father of a child born when the father was not married to the child's
mother, if the child was placed with the prospective adoptive parents six months
or less after the child's birth, but only if:
(a) the father openly lived with the child or the child's mother for a
continuous period of six months immediately preceding the placement of the child
for adoption and the father openly held himself out to be the father of the child
during the six months period; or
(b) the father paid a fair and reasonable sum, based on the father's
financial ability, for the support of the child or for expenses incurred in
connection with the mother's pregnancy or with the birth of the child, including
but not limited to medical, hospital, and nursing expenses.
(B) Consent or relinquishment for the purpose of adoption is required of the
legal guardian, child placing agency, or legal custodian of the child if:
(1) Both the parents of the child are deceased;
(2) The parental rights of both the parents have been judicially terminated;
or
(3) The child has been relinquished for adoption to the legal guardian, child
placing agency, or legal custodian. If the consent of a child placing agency
required by this subsection is not provided to any person eligible under Section
20-7-1670, the agency has an affirmative duty to inform the person who is denied
consent of all of his rights for judicial review of the denial.
(C) Consent or relinquishment for the purpose of adoption given by a parent who
is a minor is not subject to revocation by reason of the parent's minority.
(D) Under no circumstances may a parent, legal guardian, child placing agency,
or legal custodian of a child receive a fee, compensation, or any other thing of
value as consideration for consent or relinquishment for the purpose of adoption.
However, costs may be assessed if they are reimbursements for expenses incurred
or fees for services rendered.
Section 20-7-1695. (A) Notwithstanding the provisions of Section 20-7-1690,
consent or relinquishment for the purpose of adoption is not required of the
following persons:
(1) a parent whose rights with reference to the adoptee have been terminated
pursuant to Subarticle 3 of Article 11 of Chapter 7 of Title 20; or
(2) a parent who has been adjudged incompetent or a parent whom the court
finds to be mentally incapable of giving consent or relinquishment for the
purpose of adoption and whose competence or capacity is unlikely to be restored
for a lengthy period of time, and, in the court's judgment, it would be
detrimental to the adoptee to delay adoption until restoration. The court shall
appoint a guardian ad litem and may appoint independent counsel for a parent for
whom there has been no prior appointment.
(B) A parent who has executed a relinquishment pursuant to Section 20-7-1700
to a child placing agency for the purpose of adoption of his child is not
required to also execute a separate consent document.
Section 20-7-1700. (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, 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;
(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 has not
been subjected to any pressure and is voluntarily and freely giving the consent
or relinquishment; and
(11) that the person or agency giving the consent or relinquishment has
received a copy of the document.
(B) When a child placing agency accepts a relinquishment for the purpose of
adoption, which gives the agency the right to consent to an adoption of the
child, and which contains the information required in subsection (A) of this
section, the consent of the agency for the purpose of adoption is not required
to meet the requirements of subsection (A). However, the sworn document
relinquishing the child must be filed with the court pursuant to subsection (C)
of Section 20-7-1730.
Section 20-7-1705. (A) The sworn document provided for in Section 20-7-1700,
which gives consent or relinquishment for the purpose of adoption must be signed
in the presence of two witnesses one of whom must be one of the following:
(1) a judge of any family court in this State;
(2) an attorney licensed to practice law in South Carolina who does not
represent the prospective adoption petitioners;
(3) a person certified by the Children's Bureau of South Carolina, pursuant
to Section 20-7-1750, to obtain consents or relinquishments; or
(4) when the consent or relinquishment is obtained outside of this State,
by an attorney licensed to practice law in that state, by a person designated by
an agency of that state, by a person or agency authorized by that state's law to
obtain consents or relinquishments or to conduct investigations for adoptions,
or by a qualified resident of that state authorized by a South Carolina family
court.
(B) The persons who witness the signing of the sworn document, as provided for
in subsection (A) of this section shall attach to the document written
certification that prior to the signing of the document, the provisions of the
document were discussed with the person giving consent or relinquishment, and
that based on this discussion, it is each witness' opinion that consent or
relinquishment is given knowingly, intentionally, voluntarily, and freely.
(C) A copy of the document must be delivered to the person giving the consent
or relinquishment at the time of the signing of the document.
Section 20-7-1720. Withdrawal of any consent or relinquishment is not
permitted 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 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 20-7-1730. (A) A petition for adoption shall specify:
(1) the full name, age, address, and place of residence of each petitioner,
and, if married, the place and date of the marriage;
(2) when the petitioner acquired, or intends to acquire, custody or placement
of the child and from what person or agency;
(3) the date and place of birth of the child, if known;
(4) the name used for the child in the proceeding, and if a change in name
is desired, the new name;
(5) that it is the desire of the petitioner to establish the relationship of
parent and child between the petitioner and the child, and that the petitioner
is a fit and proper person and able to care for the child and to provide for the
child's welfare;
(6) a full description and statement of value of all real property and of any
personal property of value owned or possessed by the child;
(7) facts, if any, which excuse consent on the part of a parent to the
adoption or which excuse notice of the adoption proceedings to a parent;
(8) facts, if any, which may permit placement with or adoption by
nonresidents of this State, pursuant to Section 20-7-1670;
(9) the existence and nature of any prior court orders known to the
petitioner which affect the custody, support, or visitation of the child;
(10) the relationship, if any, of each petitioner to the child; and
(11) the name and address of the child placing agency or the person
facilitating placement of the child for adoption, if any.
(B) The petition must be filed within thirty days of the date the adoptee is
placed for the purpose of adoption in the home of the petitioner.
(C) Any written consent or relinquishment for the purpose of adoption required
by Section 20-7-1690 must be filed at the time the adoption petition is filed or,
after the filing, with the consent of the court.
(D) Copies of the preplacement and the background investigation reports must
be attached to the petition when it is filed with the court. The postplacement
investigation report must be completed and filed with the court at the time of
the final hearing on the adoption of the child.
(E) A statement of all payments of money or anything of value made within the
past five years or agreed to be made in the future by or on behalf of the
petitioner to any person, agency, or organization connected with the adoption
must be attached to the petition.
Section 20-7-1732. After the filing of an adoption petition and before any
hearing is held, a guardian ad litem must be appointed for the child as in other
family court actions.
Section 20-7-1734. (A) Notice of any proceeding initiated pursuant to this
Subarticle 7 of Article 11 of Chapter 7 of Title 20 must be given to the persons
or agencies specified in subsection (B) of this section, unless the person has
given consent or relinquishment or parental rights have been terminated.
(B) The following persons or agencies are entitled to notice as provided in
subsection (A) of this section:
(1) any person adjudicated by a court in this State to be the father of the
child;
(2) any person or agency required to give consent or relinquishment pursuant
to subsections (A) or (B) of Section 20-7-1690 from whom consent or
relinquishment cannot be obtained;
(3) the father of the child whose consent or relinquishment is not required
pursuant to items (4) or (5) of subsection (A) of Section 20-7-1690;
(4) any person who is recorded on the child's birth certificate as the
child's father;
(5) any person who is openly living with the child or the child's mother, or
both, at the time the adoption proceeding is initiated, and who is holding
himself out to be the child's father;
(6) any person who has been identified as the child's father by the mother
in a sworn, written statement; and
(7) any person from whom consent or relinquishment is not required pursuant
to item (2) of subsection (A) of Section 20-7-1695.
(C) Persons specified in subsection (B) of this section are not entitled to
notice if the child who is the subject of the adoption proceeding was conceived
as a result of criminal sexual conduct or incest.
(D) Any person or agency entitled to notice pursuant to this section must be
given notice that adoption proceedings have been initiated. Notice must be given
in the manner prescribed by law for personal service of summons in civil actions.
If notice cannot be effected by personal service, notice may be given by
publication or by the manner the court decides will provide notice.
(E) Notice given pursuant to this section must include notice of the following:
(1) Within thirty days of receiving notice the person or agency shall respond
in writing by filing with the court in which the adoption is pending notice of
intent to contest, intervene, or otherwise respond;
(2) The court must be informed of the person's or agency's current address
and of any changes in address during the adoption proceedings; and
(3) Failure to file a response within thirty days of receiving notice
constitutes consent to adoption of the child and forfeiture of all rights and
obligations of the person or agency with respect to the child.
When notice of intent to contest, intervene, or otherwise respond is filed with
the court within the required time period, the person or agency must be given an
opportunity to appear and to be heard prior to the final hearing on the merits
of the adoption.
Petitioners must be notified by the court of notice of intent to contest,
intervene, or otherwise respond, and petitioners must also be given the
opportunity to be represented or to appear and to be heard at any hearing held
relating to the adoption.
Section 20-7-1738. Once a petitioner has received the adoptee into his home and
a petition for adoption has been filed, the petitioner has temporary custody of
the adoptee and is responsible for the care, maintenance, and support of the
adoptee, including any necessary medical or surgical treatment, except as
provided for in Sections 20-7-1900 through 20-7-1970. A postplacement
investigation and report of this investigation pursuant to Section 20-7-1740 must
be completed prior to the final hearing.
Section 20-7-1740. Prior to the final hearing for adoption of a child,
investigations and reports must be completed in accordance with the following:
(A) Prior to the placement of any child by any agency or by any person with a
prospective adoptive parent, a preplacement investigation, a background
investigation, and reports of these investigations must be completed.
(1) Preplacement investigations shall answer all of the following:
(a) whether the home of the prospective adoptive parent is a suitable one
for the placement of the child to be adopted;
(b) how the emotional maturity, finances, health, relationships, and any
other relevant characteristics of the prospective adoptive parent affect the
parent's ability to accept, care, and provide the adoptee with an adequate
environment as the adoptee matures;
(c) whether the prospective adoptive parent has ever been involved in any
proceeding concerning allegedly neglected, abandoned, abused, or delinquent
children;
(d) the race, sex, and age of the adoptee, and whether the child is a
suitable child for adoption by the prospective adoptive parent;
(e) the reason for the adoptee's placement away from the biological parents
of the adoptee;
(f) whether the adoptee, if of appropriate age and mental capacity, desires
to be adopted;
(g) whether placement with the prospective adoptive parent is in the best
interests of the adoptee;
(h) whether the prospective adoptive parent has completed a course or
counseling in preparation for adoption;
(i) whether placement of the adoptee with the prospective adoptive parent
is approved, and if not approved, a statement of the reasons for not approving
the placement; and
(j) any other information that is disclosed by the investigation that would
be of value to or would assist the court in deciding the case.
(2) If the waiting period for an adoptive placement exceeds one year from the
date the preplacement investigation report is completed, the report must be
updated at that time and every six months after that time to determine any change
in circumstances.
(3) A background information investigation and a report of this investigation
may not disclose the identity of the biological parents of the adoptee and shall
provide the following:
(a) a medical history of the biological family of the adoptee, including
parents, siblings, and other family members related to the adoptee including
ages, sex, race, and any known genetic, psychological, metabolic, or familial
disorders; and
(b) a medical and developmental history of the adoptee.
(4) Notwithstanding any provision of this section, upon good cause shown,
the court in its discretion may permit the temporary custody and placement of a
child with a prospective adoptive parent prior to the completion of the
preplacement or background investigation and reports required pursuant to this
subarticle.
(B) A postplacement investigation and report of this investigation must be
completed after the filing of the adoption petition. Copies of this report must
be provided to the adoption petitioner and must be filed with the court at the
final hearing on the adoption provided for in Section 20-7-1760. A postplacement
investigation and report of this investigation shall:
(1) verify the allegations of the adoption petition and its attachments and
of the accounting of disbursements required under Section 20-7-1775;
(2) evaluate the progress of the placement of the adoptee; and
(3) determine whether adoption by the petitioner continues to be in the best
interests of the adoptee.
(C) The investigators and all persons participating in, conducting, or
associated with the preparation of reports required under this section must be
available for examination and cross-examination by any party to an adoption
proceeding concerning the contents of and recommendations contained in the
reports.
Section 20-7-1750. With the exception of the persons provided for in items
(1), (2), and (4) of subsection (A) of Section 20-7-1705, any person obtaining
a consent or relinquishment for the purpose of adoption must be certified by the
Children's Bureau. Any person conducting an investigation for the adoption of
a child pursuant to Section 20-7-1740 also must be certified by the Children's
Bureau. However, where the adoption petitioner or prospective adoption
petitioner is a nonresident of this State, a South Carolina family court may
authorize a qualified nonresident to conduct any investigations required under
Section 20-7-1740.
The Children's Bureau shall promulgate regulations to provide for the
following: certification of investigators; issuance, monitoring, and revocation
of certificates; and sanctioning of noncompliance with regulations. Any person
certified by the Children's Bureau may charge a fee which may not exceed the
reasonable costs of the services rendered. The fee must be approved by the
Children's Bureau during the certification process.
The Children's Bureau shall develop, revise, and publish quarterly a directory
of persons certified pursuant to this section. A reasonable fee may be charged
by the Children's Bureau for copies of this directory.
Section 20-7-1760. (A) The final hearing on the adoption petition must not be
held prior to ninety days and no later than six months after the filing of the
adoption petition. In the case of a special needs child, the hearing must not
be held prior to ninety days and no later than twelve months after the filing of
the adoption petition. In its discretion, upon good cause shown, the court may
extend the time within which the final hearing on the adoption petition may be
held.
(B) Upon satisfactory examination by the court of the record, including the
reports required in Section 20-7-1740, and following the final hearing on the
adoption petition the court shall issue an order granting the adoption if it
finds that:
(1) The adoptee has been in the actual custody of the petitioner for a period
of ninety days;
(2) All necessary consents or relinquishments for the purpose of adoption
have been obtained;
(3) Notice of the adoption proceeding has been given to all persons entitled
to receive notice under Sections 20-7-1690 and 20-7-1734, and any hearing
resulting from the notice has been held and handled according to the satisfaction
of the court;
(4) The disbursements made and accounted for pursuant to Section 20-7-1775
are reasonable costs for expenses incurred or for fees for services rendered;
(5) The petitioner is a fit and proper person and able to care for the child
and to provide for the child's welfare, and the petitioner desires to establish
the relationship of parent and child with the adoptee;
(6) The best interests of the adoptee are served by the adoption; and
(7) If the petitioner is a nonresident of this State, the findings pursuant
to Section 20-7-1660 are included in the order, and there has been compliance
with Subarticle 11 of Article 11 of Chapter 7 of Title 20 (Interstate Compact on
the Placement of Children).
(C) The court shall enter its findings in a written decree which shall also
include the new name of the adoptee, if appropriate, and may not include any
other name by which the adoptee has been known or the names of the biological or
presumed parents of the adoptee. The final adoption decree shall order what
effect, if any, the adoption has on the legal rights and responsibilities of the
adoptee's biological parents, that the adoptee is the child of the petitioner,
and that the adoptee must be accorded the status provided for in Section
20-7-1770.
Section 20-7-1770. (A) After the final decree of adoption is entered, the
relationship of parent and child and all the rights, duties, and other legal
consequences of the natural relationship of parent and child exist between the
adoptee, the adoptive parent, and the kindred of the adoptive parent.
(B) After a final decree of adoption is entered, the biological parents of the
adoptee are relieved of all parental responsibilities and have no rights over the
adoptee.
(C) From the date the final decree of adoption is entered, the adoptee is
considered a natural child of the adoptive parent for all inheritance purposes,
both by and from the child, to the exclusion of the biological parents or the
family members of the biological parents.
(D) Notwithstanding any other provision to the contrary in this section, the
adoption of a child by an adoptive parent does not in any way change the legal
relationship between the child and either biological parent of the child whose
parental responsibilities and rights are not expressly affected by the final
decree.
Section 20-7-1775. (A) At the final hearing on the adoption the petitioner
shall file a full, itemized accounting of all disbursements of anything of value
made, agreed to be made, or anticipated being made by or on behalf of the
petitioner in connection with the adoption. The accounting must be verified by
the petitioner under penalty of perjury.
(B) The accounting by the petitioner shall include the following:
(1) dates and amounts of all disbursements made, agreed to be made, or
anticipated being made and by whom the disbursements were or are to be made;
(2) the names and addresses of all persons to whom the disbursements were
made or are to be made; and
(3) the services received for the disbursements and by whom the services were
received.
Section 20-7-1780. (A) Unless the court otherwise orders, all hearings held
in proceedings under Subarticles 7 and 9 of Article 11 of Chapter 7 of Title 20
are confidential and must be held in closed court without admittance of any
person other than those persons involved in the proceedings and their counsel.
(B) All papers and records pertaining to the adoption and filed with the clerk
of court are confidential from the time of filing and upon entry of the final
adoption decree must be sealed and kept as a permanent record of the court and
withheld from inspection. No person may have access to the records except for
good cause shown by order of the judge of the court in which the decree of
adoption was entered.
(C) All files and records pertaining to the adoption proceedings in the
Children's Bureau of the State of South Carolina, in the State Department of
Social Services, in any authorized agency, or maintained by any person certified
by the Children's Bureau under the provisions of Section 20-7-1750 are
confidential and must be withheld from inspection except upon order of court for
good cause shown.
(D) The provisions of this section must not be construed to prevent any
adoption agency from furnishing to adoptive parents, biological parents, or
adoptees nonidentifying information when in the sole discretion of the chief
executive officer of the agency the information would serve the best interests
of the persons concerned either during the period of placement or at a subsequent
time nor must the provisions of Subarticles 7 and 9 of Article 11 of Chapter 7
of Title 20 be construed to prevent giving nonidentifying information to any
other person, party, or agency who in the discretion of the chief executive
officer of the agency has established a sufficient reason justifying the release
of that nonidentifying information. As used in this subsection 'nonidentifying
information' includes but is not limited to the following:
(1) the health and medical histories of the biological parents;
(2) the health and medical history of the adoptee;
(3) the adoptee's general family background without name references or
geographical designations; and
(4) the length of time the adoptee has been in the care and custody of the
adoptive parent.
(E) (1) The public adoption agencies responsible for the placement shall
furnish to an adoptee the identity of the adoptee's biological parents and
siblings and to the biological parents and siblings the identity of the adoptee
under the following conditions:
(a) The adoptee must be twenty-one years of age or older, and the
applicants shall apply in writing to the adoption agency for the information.
(b) The adoption agency must have a current file containing affidavits
from the adoptee and the biological parents and siblings that they are willing
to have their identities revealed to each other. The affidavit also must include
a statement releasing the agency from any liability due to the disclosure. It
is the responsibility of the person furnishing the affidavit to advise the agency
of any change in his status, name, and address.
(c) The adoption agency shall establish and maintain a confidential
register containing the names and addresses of the adoptees and biological
parents and siblings who have filed an affidavit. It is the responsibility of
the person whose name and address are in the register to provide the agency with
his current name and address.
(d) The adoptee and his biological parents and siblings shall undergo
counseling by the adoption agency concerning the effects of the disclosure. The
adoption agency may charge a fee for the services, but services must not be
denied because of inability to pay.
(e) The adoptive parents do not object in writing within thirty days after
receipt of confidential written notification from the agency of the pending
application.
(2) No disclosure may be made within thirty days after compliance with these
conditions. The director of the adoption agency may waive the thirty-day period
in extreme circumstances.
(3) The adoption agency may delay disclosure for twenty days from the
expiration of the thirty-day period to allow time to apply to a court of
competent jurisdiction to enjoin the disclosure for good cause shown.
Section 20-7-1790. (A) For each adoption handled through a child placing
agency as defined in Section 20-7-1650, the attorney for the petitioner shall,
within fifteen days of the filing of the final decree, transmit to the
appropriate agency a certified copy of the adoption decree and a Certificate of
Adoption with Part II completed and verified by the adoptive parent and Part III
certified by the clerk of court. The agency shall complete Part I of the
Certificate of Adoption and transmit the form to the State Registrar of Vital
Statistics within thirty days of the filing of the final decree.
(B) For other adoptions, the attorney for the petitioner shall complete Parts
I and II of the Certificate of Adoption form provided by the State Registrar of
Vital Statistics and file with the clerk of court at the time of filing of the
final decree. The clerk of court shall certify Part III of the Certificate of
Adoption and transmit the form to the State Registrar within thirty days of the
filing of the final decree.
(C) The State Registrar, upon receipt of a certified Certificate of Adoption,
shall prepare a supplementary certificate of birth in the new name of the
adoptee, free of any reference to or indication of the fact that the child was
adopted, and showing the adoptive parent as the natural parent, except that
amended certificates for an adoption of an adult shall display the words 'By
Adoption' on the face of the amended certificate. The State Registrar shall
transmit certified Certificates of Adoption for persons born outside of this
State to the State Registrar in the state of birth.
(D) The Certificate of Adoption form provided by the State Registrar must not
be used in conjunction with any legal procedure affecting a birth certificate
other than adoption.
(E) The State Registrar shall require the county registrar to return the copy
of the original certificate recorded at the county office to the state office to
be placed in the special sealed file. Periodically, the State Registrar shall
transmit copies of amendatory certificates to the county registrars in the county
of birth.
Section 20-7-1800. An appeal is allowed from any final order, judgment, or
decree rendered under this Subarticle 7 of Article 11 of Chapter 7 of Title 20
by any person against whom the order, judgment, or decree may be made or who may
be affected by the order, judgment, or decree in the manner provided for appeals
from the court in other family court matters. No final decree of adoption is
subject to collateral attack for any reason after a period of one year following
its issuance.
Section 20-7-1810. When the relationship of parent and child has been created
by a decree of adoption of a court of any other state or nation, the rights and
obligations of the parties as to matters within the jurisdiction of this State
must be determined by Section 20-7-1770.
Section 20-7-1820. Any person may adopt his spouse's child, and any person may
adopt a child to whom he is related by blood or marriage. In the adoption of
these children:
(a) No investigation or report required under the provisions of Section
20-7-1740 is required unless otherwise directed by the court;
(b) No accounting by the petitioner of all disbursements required under the
provisions of Section 20-7-1775 is required unless the accounting is ordered by
the court; and
(c) Upon good cause shown, the court may waive the requirement, pursuant to
Section 20-7-1760, that the final hearing must not be held prior to ninety days
after the filing of the adoption petition.
Section 20-7-1825. An adult person may be adopted by any other adult person
with the consent of the person to be adopted or his guardian, and with the
consent of the spouse, if any, of a sole adoptive parent, filed in writing with
the court. Although consent of the adoptee's biological parents is not required,
it is necessary to provide notice to the biological parents that adoption
proceedings have been initiated and to provide the biological parents an
opportunity to be heard on the adoption. Notice must be given in the manner
prescribed by law for personal service of summons in civil actions. If notice
cannot be effected by personal service, notice may be given by publication or by
the manner the court decides will provide notice.
The provisions of Sections 20-7-1647 through 20-7-1760 do not apply to the
adoption of an adult person. A petition for the adoption of an adult person must
be filed with the family court in the county where the adoptive parent resides.
After a hearing on the petition and after investigations as the court considers
advisable, if the court finds that it is in the best interests of the persons
involved, a decree of adoption may be entered which has the legal consequences
stated in Section 20-7-1770."
Repealed
SECTION 3. Sections 20-7-1830 through 20-7-1890 of the 1976 Code are repealed.
Time effective
SECTION 4. This act shall take effect six months after approval by the Governor,
except adoption proceedings in progress and not completed before the effective
date of this act must be carried to conclusion pursuant to the provisions of
Subarticle 7 of Article 11 of Chapter 7 of Title 20 of the 1976 Code, as the
provisions existed prior to amendment by this act, unless the proceedings are
otherwise revised by the family court to conform to the provisions of this act. |