Aaron & Aaron, Attorneys at Law
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Who can consent to adoption?

In order to adopt a child in South Carolina, consent must be obtained from certain parties. Whose consent will be needed depends on the specific circumstances of the child and the child's biological parents.

If the child was born to married parents, then both parents must consent to the adoption unless their rights have been terminated. In cases in which the rights of the biological parents have been terminated or if they are deceased, then the child's legal guardian must consent to the adoption. Children ages 14 and older also must consent unless a judge waives it. If the child is with a child placement agency, then the agency must consent.

Unmarried mothers must consent to the adoption. In the case of an unmarried father, his consent will be needed if he lived with the child or the mother for at least six months within one year of the placement of the child and held himself out to be the father. The father's consent will also be needed if he lived with the child or the child's mother for at least six months, the child was placed for adoption less than six months after his or her birth, and the father held himself to be the father or paid for the mother's expenses during her pregnancy.

An adoption will not be able to proceed if the proper consent is not obtained. People who wish to adopt might want to get help from a family law attorney. An attorney may evaluate the client's case in order to determine what types of consent may be needed in order for a child to be adopted. The attorney also may assist the client with obtaining the needed consent and protecting the best interests of the child.

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Aaron & Aaron
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