South Carolina Code 63-9-340. Signing consent and relinquishment
(1) a judge of any family court in this State;
Terms Used In South Carolina Code 63-9-340
- 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
- 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
- Judge: means the judge of the family court. See South Carolina Code 63-1-40
- 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) an attorney licensed to practice law in South Carolina who does not represent the prospective adoption petitioners;
(3) a person certified by the State Department of Social Services, pursuant to § 63-9-360, to obtain consents or relinquishments;
(4) when the consent or relinquishment is obtained outside of this State, by an attorney licensed to practice law in that state, by a person designated by an agency of that state, by a person or agency authorized by that state’s law to obtain consents or relinquishments or to conduct investigations for adoptions, or by a qualified resident of that state authorized by a South Carolina family court. When a consent or relinquishment is obtained outside of this State, it may be accepted as valid in this State, provided the court determines:
(a) the consent or relinquishment complies with the laws of the state where it is obtained; and
(b) the relinquishing party or agency is domiciled in that state at the time of the signing of the consent or relinquishment; or
(c) the content of the consent or relinquishment is in substantial compliance with the intent of § 63-9-330(A).
(B) The persons who witness the signing of the sworn document, as provided for in subsection (A) of this section shall attach to the document written certification signed by each witness that before the signing of the document, the provisions of the document were discussed with the person giving consent or relinquishment, and that based on this discussion, it is each witness’ opinion that consent or relinquishment is being given voluntarily and that it is not being obtained under duress or through coercion.
(C) A copy of the document must be delivered to the person giving the consent or relinquishment at the time of the signing of the document.