Adoption Consent Form - South Carolina

ADOPTION CONSENT & RELINQUISHMENT AGREEMENT

(South Carolina)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Consent & Relinquishment)
4. Representations & Warranties
5. Covenants & Restrictions
6. Withdrawal Procedure
7. Risk Allocation (Reserved)
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title. Parental Consent and Relinquishment of Parental Rights for Purposes of Adoption.

1.2 Parties.
 (a) “Birth Mother”: [LEGAL NAME], residing at [ADDRESS].
 (b) “Birth Father”: [LEGAL NAME] / [UNKNOWN] / [TERMINATED], residing at [ADDRESS].
 (c) “Child”: [CHILD’S FULL LEGAL NAME], born [DATE OF BIRTH], at [CITY/STATE OF BIRTH].
 (d) “Prospective Adoptive Parent(s)”: [NAME(S)] (collectively, “Adoptive Parents”).
 (e) “Placement Agency” (if any): [AGENCY NAME], a South Carolina licensed child-placing agency.

1.3 Recitals.
 A. Birth Parent(s) are the legal parent(s) of the Child.
 B. Birth Parent(s) desire to relinquish all parental rights to facilitate the adoption of the Child by the Adoptive Parents in accordance with South Carolina adoption law.
 C. Adoptive Parents are willing and able to assume full parental rights and responsibilities.
 D. Adequate consideration consists of the mutual promises herein and compliance with statutory requirements.

1.4 Effective Date. This Agreement is executed and becomes effective on the date of the last signature below (the “Effective Date”).

1.5 Governing Law & Jurisdiction. This Agreement is governed exclusively by South Carolina law, and the Family Court of the ☐ Judicial Circuit, State of South Carolina (the “Family Court”), shall retain exclusive jurisdiction over all proceedings arising hereunder.

2. DEFINITIONS

For ease of reference, the following terms have the meanings set forth below. Defined terms appear capitalized throughout this Agreement.

“Agency Representative” means the individual authorized by the Placement Agency to witness and certify execution of this Consent.

“Consent” means the written consent to adoption and relinquishment of parental rights executed pursuant to South Carolina Code Ann. Title 63, Chapter 9.

“Counseling Requirements” means the birth-parent counseling offered or provided in accordance with South Carolina adoption statutes and regulations.

“Withdrawal” means the court-ordered process under S.C. Code Ann. § 63-9-350 before entry of a final adoption decree.

3. OPERATIVE PROVISIONS (CONSENT & RELINQUISHMENT)

3.1 Grant of Consent.
 (a) Birth Mother consents to the adoption of the Child by the Adoptive Parents, subject to the withdrawal procedure in S.C. Code Ann. § 63-9-350 until entry of the final adoption decree.
 (b) Birth Father consents to the adoption of the Child by the Adoptive Parents, subject to the withdrawal procedure in S.C. Code Ann. § 63-9-350 until entry of the final adoption decree.

3.2 Relinquishment of Rights. Each consenting Birth Parent relinquishes parental rights for purposes of the proposed adoption, subject to applicable court orders and the withdrawal procedure in S.C. Code Ann. § 63-9-350. This form does not waive statutory notice or hearing rights.

3.3 Transfer of Custody. Upon execution of this Agreement and any required court or agency approvals, physical and legal custody of the Child shall transfer to the Adoptive Parents, subject to finalization of the adoption in the Family Court.

3.4 Timing of Execution. This Consent is executed after the birth of the Child and in compliance with S.C. Code Ann. § 63-9-310 et seq.

4. REPRESENTATIONS & WARRANTIES

Each consenting Birth Parent represents and warrants to the Adoptive Parents and the Placement Agency (if any) that as of the Effective Date:

4.1 Capacity. He/she is at least eighteen (18) years of age or has otherwise been judicially emancipated and possesses legal capacity to execute this Agreement.

4.2 Voluntariness. This Consent is given knowingly, voluntarily, and free from duress, coercion, undue influence, or fraud.

4.3 Accuracy of Information. All information supplied about the Child’s history, health, and parentage is true, complete, and accurate to the best of the Birth Parent’s knowledge.

4.4 Exclusive Rights. He/she has not previously assigned or relinquished any parental rights in the Child, nor is the Child the subject of another pending adoption or custody proceeding.

4.5 Legal Counsel. He/she has been advised of the right to independent legal counsel and (select one):
 (a) has consulted with counsel, or
 (b) knowingly waives that right.

4.6 Counseling. He/she has received or been offered pre-placement counseling that meets the Counseling Requirements and has executed the Birth Parent Counseling Acknowledgment attached as Exhibit A.

4.7 Survival. The representations and warranties in this Article 4 shall survive the Effective Date and shall not be merged into any final adoption decree.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances. Each Birth Parent shall, upon reasonable request, execute and deliver any additional documents reasonably necessary to effectuate the adoption.

5.2 Cooperation. Each party will cooperate with lawful adoption proceedings. Nothing in this Agreement restricts a person’s right to seek withdrawal under S.C. Code Ann. § 63-9-350.

5.3 Withdrawal Before Final Decree. Under S.C. Code Ann. § 63-9-350, a person attempting to withdraw consent or relinquishment must file reasons with the Family Court. Withdrawal requires a court order after notice and an opportunity for all concerned persons to be heard. The court must find both that withdrawal is in the child's best interests and that the consent or relinquishment was not voluntary or was obtained under duress or through coercion. Entry of the final adoption decree makes the consent or relinquishment irrevocable.

5.4 Notice Obligations. Each party shall provide prompt written notice to the others of any legal proceeding or governmental inquiry that could affect the validity of this Consent or the adoption.

6. WITHDRAWAL PROCEDURE

A request to withdraw this consent shall be presented to the Family Court under S.C. Code Ann. § 63-9-350. The parties shall comply with the court's orders concerning notice, hearing, custody, and placement. No contractual default, cure period, fee penalty, or specific-performance provision in this form limits the court's statutory authority.

7. RISK ALLOCATION (RESERVED)

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be construed in accordance with the laws of the State of South Carolina, without regard to conflict-of-laws principles.

8.2 Exclusive Forum. The parties consent to the exclusive jurisdiction of, and agree that any action relating to this Agreement shall be brought only in, the Family Court.

8.3 Arbitration. Arbitration is not available for matters arising under this Agreement.

8.4 Court Orders. Custody, placement, and any withdrawal request remain subject to Family Court orders and S.C. Code Ann. § 63-9-350.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement (including the exhibits) constitutes the entire understanding among the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral.

9.2 Amendments & Waivers. No amendment or waiver shall be effective unless in writing and signed by the party against whom enforcement is sought, and, if required, approved by the Family Court.

9.3 Assignment. No party may assign or delegate any right or obligation under this Agreement without the prior written consent of all other parties and approval of the Family Court.

9.4 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force to the extent consistent with the parties’ intent and the best interests of the Child.

9.5 Headings. Captions and headings are for convenience only and shall not affect interpretation.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. Signatures transmitted electronically (e.g., PDF, facsimile, or approved e-signature platform) shall be deemed original for all purposes.

10. EXECUTION BLOCK

10.1 Birth Mother

______________________________
[LEGAL NAME], Birth Mother
Date: ________________________

Witness #1: ___________________
Witness #2: ___________________

State of South Carolina
County of __________________

Acknowledged before me this ____ day of __________, 20___, by ______________________________.

______________________________
Notary Public for South Carolina
My Commission Expires: ________

10.2 Birth Father (if applicable)

______________________________
[LEGAL NAME], Birth Father
Date: ________________________

Witness #1: ___________________
Witness #2: ___________________

State of South Carolina
County of __________________

Acknowledged before me this ____ day of __________, 20___, by ______________________________.

______________________________
Notary Public for South Carolina
My Commission Expires: ________

10.3 Placement Agency Certification (if applicable)

The undersigned Agency Representative certifies that the above-named Birth Parent(s) executed this Consent in my presence, that each was advised of the right to independent legal counsel and that the withdrawal procedure in S.C. Code Ann. § 63-9-350 was explained, and that all statutory requirements have been satisfied.

______________________________
[NAME & TITLE], Agency Representative
[AGENCY NAME]
Date: ________________________

10.4 Acknowledgment of Adoptive Parents (optional)

The Adoptive Parents hereby acknowledge receipt of this executed Consent and agree to proceed with the adoption in accordance with its terms.

______________________________  ______________________________
[ADOPTIVE PARENT #1]      [ADOPTIVE PARENT #2]
Date: ________________________

EXHIBIT A

Birth Parent Counseling Acknowledgment
[Attach agency or counselor form evidencing compliance with Counseling Requirements.]