Adopting a child is a joyous and exciting occasion. It’s the start of many happy memories, firsts and adventures together as a family. It is truly a wonderful experience to watch a child grow into their own with you by their side as their adoptive parents. However, sometimes these happy moments can turn into legal complications and even heartbreak. Contested adoptions, although uncommon, do occasionally occur and interfere with your plans of being a happy family with a bright future.
Understanding contested adoption in South Carolina, its causes, the birth parents’ rights and your rights is a crucial step in ensuring that you are legally protected and prepared if this situation arises after an adoption.
What Is a Contested Adoption?
A contested adoption is when one or both birth parents disagree and go against the adoption of their child and file a case to regain custody.
In contrast, uncontested adoption means the birth parents, also known as biological parents, give consent to the adoption and willingly waive their parental rights to a child and allow the court to give these rights to an adoptive parent. Most adoption cases are uncontested, with minimal issues and legal hurdles to overcome.
In South Carolina, all types of adoptions can be either uncontested or contested. Types of adoption include:
- Private adoption is usually an adoption filed by a relative or step-parent.
- Agency adoption is any adoption through a licensed placing agency.
- DSS adoption is the adoption of a child in the custody of the Department of Social Services (DSS).
- Foster parent adoption is when foster parents permanently adopt a child temporarily placed in their care by a state agency.
South Carolina adoptions are always filed in family court. These cases are restricted and not publicly available to protect the identities of everyone involved — the children, the birth parents and the adoptive parents.
Scenarios Where an Adoption Can Be Contested
Various situations could lead to an adoption being contested. Grounds for a contested adoption include:
- Father’s rights: A man who declares to be the child’s birth father may assert his parental rights. This assertion usually occurs when the birth father was unaware of the pregnancy or the birth mother’s intentions to place the child for adoption.
- Improper notice of pending adoption: The birth parents may claim that they were improperly notified of the anticipated adoption, which violates their rights.
- Fraud, coercion or duress: If the birth parents can prove that they were misled or coerced into agreeing to the adoption, the court may disregard the provided consent.
- Legal procedural errors: Any mistake in the adoption process, such as complications with the termination of parental rights or procedural issues, could be grounds for a contested adoption.
To avoid a contested adoption, ensure that you, as the adoptive parent, know the status of paternity claims, provide proper notice of the intent of adoption, and follow the legal adoption process carefully and correctly. These steps can minimize the chances of a contested adoption.
Who Can Contest an Adoption?
Several individuals can file a contested adoption, including the birth parents, relatives and legal guardians. These people have legal standing to disagree with the adoption and attempt to regain custody of the child. Legally, the following individuals can contest an adoption:
- The birth mother
- The legal father, a man who is married to the birth mother or has been declared the child’s father
- A putative father, a man who is alleged to be the birth father but has not established legal paternity
- Other relatives or legal custodians
Anyone who can contest an adoption can challenge the process at several points throughout the case.
- Directly after the adoption request is filed, if the birth parents did not consent.
- After a child is placed with an adoptive family, if the child’s birth father asserts his parental rights.
- After a legal notice is delivered to a relative, who thereafter chooses to contest the case.
Stages of a Contested Adoption Case
Contested adoptions are handled differently by states. However, some general legal steps and processes typically occur during a contested adoption case.
1. Filing an Objection
Once the birth parents or individuals with legal standing receive the adoption petition, they can contest by filing a formal objection in family court. This objection will pause the adoption finalization until the parties resolve their issues.
2. Discovery Phase
The discovery phase refers to the formal process where the birth parents and the adoptive parents collect evidence to prepare their cases and for court negotiations. This evidence can include:
- Depositions are sworn, out-of-court testimonies from witnesses and family members, providing character references.
- Home studies and reports are written reports from the DSS.
- DSS records are case records from the DSS containing information about the child’s history.
- Productions of requested documents are formal requests for specific documentation or information.
3. Termination of Parental Rights
In a contested adoption, a separate proceeding is held to determine if there are legal grounds to terminate the birth parents’ parental rights of the child. These grounds can include:
- Failure to visit the child for 6 months or more.
- Failure to pay child support for 6 months or more.
- Abandonment of the child.
- Physical abuse toward the child.
- Failure to resolve the conditions that led to the child’s removal from the birth parents.
In South Carolina, the court bases its decision on the best interest of the child.
4. Best Interest Hearing
If the birth parents’ parental rights have been terminated, a best interest hearing may be held to weigh several factors and determine if the adoption by the prospective adoptive parents is in the child’s best interest and what promotes their safety, health and well-being.
5. The Judge’s Decision
Based on the evidence provided and the state law, the family court judge will issue their ruling — denying the adoption petition or allowing it to continue.
6. Filing an Appeal
Once the court has issued its ruling, the aggrieved party might appeal the decision to a higher court.
Questions About Contested Adoption in South Carolina
There may be questions that arise during the adoption process. Here, we have answered a few questions to help you further understand contested adoption in South Carolina and what you can expect.
1. How Does South Carolina Law Handle Contested Adoptions?
In South Carolina, contested adoptions are handled in family court. The court will hold a hearing to determine if legal obligations have been met, while also determining the best interest of the child.
2. Can Birth Parents Revoke Consent?
Once they have signed consent documents, birth parents cannot revoke consent. It is permanent. However, birth parents can revoke consent if they did not willingly relinquish their rights and were coerced or misled into the adoption petition.
3. Who Must Give Consent for the Adoption?
Consent varies depending on the situation. Typically, both birth parents must consent to the adoption, regardless of their marital status. If both birth parents are deceased or have terminated their rights to the child, the legal guardian or agency must provide consent.
4. Do I Need to Hire an Adoption Attorney?
Family law is complex. In the adoption process, hiring an attorney provides prospective parents with a significant advantage through expert legal advice and ongoing support. Securing an attorney is recommended during this challenging situation.
Secure Legal Adoption Support
Contested adoption may be a challenging experience, but there is help, legal guidance and support available. At Lauren Taylor Law, we understand that adopting a child is a life-changing and happy event. We are committed to making the process as seamless as possible with our range of professional legal services.
Contact Lauren Taylor Law online or by calling 843-790-6802 to leave some details about your situation.
