ADOPTION CONSENT & RELINQUISHMENT AGREEMENT
(South Carolina)
[// GUIDANCE: This template is drafted for use in private‐ or agency‐placement adoptions governed by South Carolina law (S.C. Code Ann. Title 63, Ch. 9). Customize all bracketed fields, delete inapplicable party signature blocks, and attach any required exhibits (e.g., counseling affidavit, agency disclosures).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Consent & Relinquishment)
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation (Reserved)
- Dispute Resolution
- General Provisions
- 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.
“Revocation Period” means the statutory period, currently fourteen (14) calendar days from execution, during which Birth Parent(s) may withdraw this Consent by delivering written notice as set forth in Section 5.3.
“Withdrawal” means a timely revocation of this Consent made in compliance with Section 5.3.
3. OPERATIVE PROVISIONS (CONSENT & RELINQUISHMENT)
3.1 Grant of Consent.
(a) Birth Mother hereby irrevocably (subject to Section 5.3) consents to the adoption of the Child by the Adoptive Parents.
(b) Birth Father hereby irrevocably (subject to Section 5.3) consents to the adoption of the Child by the Adoptive Parents.
3.2 Relinquishment of Rights. Subject to the Revocation Period, each consenting Birth Parent permanently and unconditionally relinquishes to the Adoptive Parents (and their legal successors) all parental rights, duties, privileges, and obligations with respect to the Child, including but not limited to custody, control, guardianship, visitation, inheritance, decision-making authority, and any right to notice of subsequent court proceedings concerning the Child.
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. [// GUIDANCE: South Carolina permits execution at any time post-birth; confirm current statute before use.]
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 Non-Interference. After expiration of the Revocation Period, no Birth Parent shall initiate or support any action that would challenge the adoption or seek custody of the Child, except as required by court order.
5.3 Revocation / Withdrawal Procedure.
(a) How to Withdraw. A Birth Parent may withdraw this Consent by delivering a written, signed, and dated notice of revocation (“Notice of Withdrawal”) to BOTH (i) the Placement Agency (or, if none, the attorney for the Adoptive Parents) and (ii) the Clerk of the Family Court within the Revocation Period.
(b) Effect of Timely Withdrawal. Upon proper and timely withdrawal, this Consent shall be deemed null and void ab initio, and all parental rights shall revest in the withdrawing Birth Parent(s).
(c) Irrevocability After Revocation Period. If no timely Notice of Withdrawal is received, this Consent becomes final, binding, and irrevocable except upon a judicial finding of fraud or duress, or as otherwise provided by South Carolina law.
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. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute events of default:
(a) Attempted revocation after expiration of the Revocation Period;
(b) Material breach of any representation, warranty, or covenant in this Agreement.
6.2 Cure Period. Where curable, the defaulting party shall have five (5) business days after receipt of written notice to cure the default.
6.3 Remedies. Upon an uncured default, the non-defaulting party(ies) may seek:
(a) Specific performance or injunctive relief for permanent placement of the Child;
(b) Reimbursement of reasonable attorneys’ fees and costs incurred in enforcing this Agreement;
(c) Such further relief as the Family Court deems just and proper in the best interests of the Child.
7. RISK ALLOCATION (RESERVED)
[// GUIDANCE: Per client metadata, indemnification and liability caps are not applicable. This article intentionally omitted.]
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 Jury Waiver. To the extent a jury trial might otherwise be available, each party knowingly, voluntarily, and irrevocably waives any right to trial by jury in the Family Court for any dispute arising out of this Agreement.
8.5 Injunctive Relief. Nothing herein limits any party’s right to seek emergency, temporary, or permanent injunctive relief to secure the Child’s placement consistent with the terms of this Agreement.
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
[// GUIDANCE: South Carolina requires that consents be executed before two witnesses and acknowledged before a notary public or authorized officer. If an agency placement, an Agency Representative must certify execution. Attach photographic identification copies where required.]
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 the fourteen-day revocation period, 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.]
[// END OF TEMPLATE]