South Carolina Code 63-9-730. Notice of adoption proceedings
(B) The following persons or agencies are entitled to notice as provided in subsection (A):
Terms Used In South Carolina Code 63-9-730
- 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
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
(1) a person adjudicated by a court in this State to be the father of the child;
(2) a person or agency required to give consent or relinquishment pursuant to § 63-9-310(A) or (B) from whom consent or relinquishment cannot be obtained;
(3) a person who has properly registered with the Responsible Father Registry at the time of the filing of the petition for termination of parental rights or adoption;
(4) a person who is recorded on the child’s birth certificate as the child’s father. The Department of Health and Environmental Control shall release this information to any attorney representing a party in an adoption or termination of parental rights action pursuant to a subpoena;
(5) a person who is openly living with the child or the child’s mother, or both, at the time the proceeding is initiated and who is holding himself out to be the child’s father;
(6) a person who has been identified as the child’s father by the mother in a sworn, written statement; and
(7) a person from whom consent or relinquishment is not required pursuant to § 63-9-320(A)(2).
(C) Persons specified in subsection (B) of this section are not entitled to notice if the child who is the subject of the adoption proceeding was conceived as a result of criminal sexual conduct or incest.
(D) Any person or agency entitled to notice pursuant to this section must be given notice that adoption proceedings have been initiated. Notice must be given in the manner prescribed by law for personal service of summons in civil actions. If notice cannot be effected by personal service, notice may be given by publication or by the manner the court decides will provide notice.
(E) Notice given pursuant to this section must include notice of the following:
(1) within thirty days of receiving notice the person or agency shall respond in writing by filing with the court in which the adoption is pending notice and reasons to contest, intervene, or otherwise respond;
(2) the court must be informed of the person’s or agency’s current address and of any changes in address during the adoption proceedings; and
(3) failure to file a response within thirty days of receiving notice constitutes consent to adoption of the child and forfeiture of all rights and obligations of the person or agency with respect to the child.
(F) When notice of intent to contest, intervene, or otherwise respond is filed with the court within the required time period, the person or agency must be given an opportunity to appear and to be heard before the final hearing on the merits of the adoption.
(G) Petitioners must be notified by the court of notice and reasons to contest, intervene, or otherwise respond, and petitioners also must be given the opportunity to be represented or to appear and to be heard at any hearing held relating to the adoption.