South Carolina Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 20-7-1690
- The parents or surviving parent
- The father when the parents are not married, if the father has maintained substantial contact with the child
- The legal guardian
- The child-placing agency or legal custodian
Age When Consent of Adoptee is Considered or Required
Statute: § 20-7-1690
- A child 14 years of age or older must consent to the adoption, except where the court finds that the child lacks the mental capacity to consent or that it is not in the child's best interest.
When Parental Consent is not Needed
Statute: § 20-7-1695
- Parental rights have been terminated pursuant to statute.
- The parent has executed a relinquishment.
- The parent has been judged mentally incapable.
When Consent Can Be Executed
Statute: § 20-7-1700
- Consent may be given at any time after the child's birth.
How Consent Must Be Executed
Statute: §§ 20-7-1700; 20-7-1705- Consent must be by a sworn statement, signed in the presence of two witnesses, one of whom must be a judge, a disinterested attorney, or authorized person.
- The witness must attest that consent was voluntary and executed without duress or coercion, and contain detailed information and a statement of the legal consequences of signing.
Revocation of Consent
Statute: § 20-7-1720- Revocation is not permitted except where it is in the child's best interest, and if consent was given involuntarily or under duress or coercion.
- The final decree renders the consent irrevocable.
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