Consent to Adoption in SC

When adopting a child, the parents of the court must terminate the parental rights of the child’s parents. Sometimes this process is quick. Other times, the process becomes complicated. A court will not grant an adoption if the biological parents still have rights. So, the parents must often give their consent to adoption. Thus, the validity of a parent’s consent is important. Brown v. Baby Girl Harper is a case about the issue of consent being valid.

Case Facts

Birth Mother gave birth to Baby Girl and signed a consent to adoption form. She was 23 years old when learning she was pregnant. Also, she did not learn about her pregnancy until very late into the pregnancy. She received no prenatal care and gave birth alone. Birth Mother and Adoptive Mother planned the adoption after the birth. The two met at the office of the Adoptive Mother’s lawyer. They arranged for an Attorney-Witness and a second witness to be present for the signing of the consent form. However, the Attorney-Witness did not see Birth Mother sign the form. She only had the impression that the signature happened shortly before she arrived. 5 days later, the Birth Mother revoked her consent.

The family court found that the consent was invalid. The parties did not adhere strictly to the statutory provisions for consent to adoption. The statute required the presence of the Attorney-Witness at the signature. This did not happen. Thus, the consent was invalid. The court of appeals affirmed.

The SC Supreme Court also affirmed the family court. It found that the legislature required strict compliance with the statutory provisions. Thus, the parties’ failure to comply meant that the consent was not valid. Therefore, the adoption could not move forward.

Proper Consent Needed

When dealing with issues of consent, make sure you cover all your bases. Courts treat consent seriously. A lawyer can help make sure that you attain proper consent in any matter.

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