South Carolina Relinquishment, Consent, Revocation laws

Who Must Consent:

• 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.
  

Consent of Adoptee:

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A child 14 years 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:

• Parental rights have been terminated pursuant to statute.
  
• A parent has executed a relinquishment.
  
• Parent has been judged mentally incapable.
  
  

When Relinquishment Can Be Signed:

Consent may be given at any time after the child's birth.

How Relinquishment Must Be Signed:

• Consent must be by a sworn statement, signed in the presence of 2 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 legal consequences of signing.
  
  

Time for Revocation:

• Not permitted except where it is in the child's best interest and if it was given involuntarily or under duress or coercion.
  
• The final decree renders the consent irrevocable.

Adapted from materials prepared by the National Adoption Information Clearinghouse.