H*3301(Rat #0150, Act #0082 of 1999)  General Bill, By Beck, Mason, Hamilton and 
Easterday
 A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT AFTER THE
 FINAL ORDER IS ENTERED NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY
 QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF ANY DEFECT IN THE PROCEEDING,
 TO PROVIDE THAT AN ADOPTION MAY ONLY BE ATTACKED BECAUSE OF A PROCEDURAL
 DEFECT BY A PARTY, TO PROVIDE THAT A PARTY MAY APPEAL A FINAL ORDER IN THE
 MANNER PROVIDED FOR OTHER FAMILY COURT APPEALS, TO PROVIDE THAT THIS SECTION
 MAY NOT BE CONSTRUED TO PRECLUDE A COURT'S INHERENT AUTHORITY TO GRANT
 COLLATERAL RELIEF ON THE GROUND OF EXTRINSIC FRAUD, AND TO DEFINE "EXTRINSIC
 FRAUD".-AMENDED TITLE

   01/19/99  House  Introduced and read first time HJ-133
   01/19/99  House  Referred to Committee on Judiciary HJ-133
   02/17/99  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   02/23/99  House  Debate interrupted HJ-23
   02/24/99  House  Amended HJ-22
   02/24/99  House  Read second time HJ-22
   02/25/99  House  Read third time and sent to Senate HJ-12
   02/25/99  Senate Introduced and read first time SJ-6
   02/25/99  Senate Referred to Committee on Judiciary SJ-6
   05/12/99  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   05/13/99  Senate Amended SJ-41
   05/13/99  Senate Read second time SJ-41
   05/19/99  Senate Read third time and returned to House with
                     amendments SJ-24
   05/26/99  House  Concurred in Senate amendment and enrolled HJ-68
   06/09/99         Ratified R 150
   06/11/99         Signed By Governor
   06/11/99         Effective date 06/11/99
   07/07/99         Copies available
   07/07/99         Act No. 82

AN ACT TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT AFTER THE FINAL ORDER IS ENTERED NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF ANY DEFECT IN THE PROCEEDING, TO PROVIDE THAT AN ADOPTION MAY ONLY BE ATTACKED BECAUSE OF A PROCEDURAL DEFECT BY A PARTY, TO PROVIDE THAT A PARTY MAY APPEAL A FINAL ORDER IN THE MANNER PROVIDED FOR OTHER FAMILY COURT APPEALS, TO PROVIDE THAT THIS SECTION MAY NOT BE CONSTRUED TO PRECLUDE A COURT'S INHERENT AUTHORITY TO GRANT COLLATERAL RELIEF ON THE GROUND OF EXTRINSIC FRAUD, AND TO DEFINE "EXTRINSIC FRAUD".

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

Appeals, collateral attack, and finality of adoption orders

SECTION 1. Section 20-7-1800 of the 1976 Code is amended to read:

"Section 20-7-1800. (A) Except as provided in subsection (B), after the final order, judgment, or decree of adoption is entered, no party to an adoption proceeding, and no one claiming under a party, may question the validity of the adoption because of any defect or irregularity, jurisdictional or otherwise, in the proceeding, and a party, and anyone claiming under a party, is fully bound by the order. No adoption may be attacked either directly or collaterally because of any procedural or other defect by anyone who was not a party to the adoption. The failure on the part of the court or an agency to perform duties or acts within the time required by this chapter does not affect the validity of any adoption proceeding.

(B) A party to an adoption proceeding may appeal a final order, judgment, or decree of adoption in the manner provided for appeals from the court in other family court matters. In addition, this section may not be construed to preclude a court's inherent authority to grant collateral relief from a judgment on the ground of extrinsic fraud. For purposes of this subsection, 'extrinsic fraud' is fraud that induces a person not to present a case or deprives a person of the opportunity to be heard. However, a court is under no obligation to grant a person relief from a judgment based upon extrinsic fraud if the person might have prevented the judgment by the exercise of proper diligence."

Time effective

SECTION 2. This act takes effect upon approval by the Governor and applies to appeals from final orders, judgments, or decrees entered on or after this act's effective date.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.