(A) Consent or relinquishment for the purpose of adoption, pursuant to § 63-9-310, for a minor child who is in the custody of the department by a removal action under § 63-7-1660, is valid, binding, and enforceable. However, if a cause of action for the termination of parental rights affecting a minor child who is in the custody of the department by a removal action under § 63-7-1660 was filed prior to the execution of a consent or relinquishment, then the consent or relinquishment and any further action on the petition for adoption, while valid, remains subject to the pendency of the termination of parental rights action and any order of the court pursuant thereto.

(B) Notwithstanding subsection (A), the department may move the court to make specific written findings that the consent or relinquishment has been freely, knowingly, and voluntarily given or that the consent or relinquishment is invalid on any of the following grounds:

Terms Used In South Carolina Code 63-9-370

  • 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
  • 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

(1) the adoptee lacks the mental capacity to give consent pursuant to § 63-9-310(A)(1);

(2) the person lacks the mental capacity to give consent pursuant to § 63-9-320(A)(2) as a result of:

(a) suffering from mental illness, impairment, or deficiency;

(b) being under the influence of alcohol or illegal drugs or abusing prescription medication; or

(c) being impaired by medical treatment; or

(3) the consent or relinquishment was not given voluntarily or was obtained through undue influence, duress, or coercion.

(C) The custody of a minor child who is in the custody of the department shall not be modified pursuant to a consent or relinquishment prior to a hearing being held in court, wherein the department is a party, for the purpose of determining whether the requirements of this section and § 63-9-60 have been met with regard to the standing of the petitioner and validity of any consent or relinquishment for the purpose of adoption.

(D) Notwithstanding any other provision in this section, the court must consider the best interests of the child in making any findings pursuant to this section.

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