South Carolina Code 63-9-330. Form and content of consent and relinquishment
(1) the permanent address of the person or agency making the sworn written statement;
Terms Used In South Carolina Code 63-9-330
- Adoptee: means a person who is proposed to be or who has been legally adopted. See South Carolina Code 63-9-30
- Adoption: means the judicial act of creating the relationship of parent and child where it did not exist previously. See South Carolina Code 63-9-30
- agency: means the State Department of Social Services and any person or entity who holds legal or physical custody of a child for the purpose of placement for adoption or a person or entity who facilitates the placement of children for the purpose of adoption. See South Carolina Code 63-9-30
- Child: means any person under eighteen years of age. See South Carolina Code 63-9-30
- 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, or the informed and voluntary release in writing of all custodial or guardianship rights, or both, with respect to a child by the child placing agency or person facilitating the placement of the child for adoption where the child's parent previously has executed a relinquishment to that agency or person. See South Carolina Code 63-9-30
- Court: means any family court in this State. See South Carolina Code 63-9-30
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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 or to a person who facilitates the placement of a child for the purpose of adoption and to whom the parent has given the right to consent to the adoption of the child. See South Carolina Code 63-9-30
(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, including any future child support obligation. Giving consent or relinquishment does not relieve a person from the obligation to pay a child support arrearage unless approved by the court;
(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 and that none 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 is doing so voluntarily, and the consent or relinquishment is not being obtained under duress or through coercion; 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 § 63-9-710.