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Current Status Bill Number:View additional legislative information at the LPITS web site.3301 Ratification Number:150 Act Number:82 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990119 Primary Sponsor:Beck All Sponsors:Beck, Mason, Hamilton, Easterday Drafted Document Number:l:\council\bills\psd\7128ac99.doc Date Bill Passed both Bodies:19990526 Date of Last Amendment:19990513 Governor's Action:S Date of Governor's Action:19990611 Subject:Adoption, appeal proceedings, final orders in family court; Minors, Courts, Child custody History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A82 ------ 19990611 Signed by Governor ------ 19990609 Ratified R150 House 19990526 Concurred in Senate amendment, enrolled for ratification Senate 19990519 Read third time, returned to House with amendment Senate 19990513 Read second time Senate 19990513 Committee amendment adopted Senate 19990512 Committee report: Favorable 11 SJ Senate 19990225 Introduced, read first time, 11 SJ referred to Committee House 19990225 Read third time, sent to Senate House 19990224 Amended, read second time House 19990223 Debate interrupted by adjournment House 19990223 Co-Sponsor added (Rule 5.2) by Rep. Hamilton Easterday House 19990217 Committee report: Favorable with 25 HJ amendment House 19990119 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on February 17, 1999 - Word format Revised on February 24, 1999 - Word format Revised on May 12, 1999 - Word format Revised on May 13, 1999 - Word format
(A82, R150, H3301)
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.
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