Current Status Bill Number:5011 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980414 Primary Sponsor:Beck All Sponsors:Beck Drafted Document Number:kgh\15457ac.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Adoption, appeal proceeding; final orders; Courts, Family, Minors
Body Date Action Description Com Leg Involved
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House 19980414 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT, TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY, TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE, AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1800 of the 1976 Code is amended to read:
"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.
(A) Except as provided in subsections (B) and (C), 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.
(C) A parent or guardian whose consent was obtained by fraud or duress may, within six months of the time the fraud or duress is, or ought reasonably to have been discovered, move to have the final order, judgment, or decree set aside and the consent declared void. A parent or guardian whose consent was necessary under this chapter but was not obtained may, within six months of the time the omission is or ought reasonably to have been discovered, move to have the order, judgment, or decree of adoption set aside."
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.