Frequently Asked Questions about Adoption
BIRTH FATHER RELATED
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1.
Does the father of the baby have to be notified of the birth and the
mother’s adoption plan?
Yes, but not prior to the birth of the child. After the birth of the
child he may have waived any constitutionally protected right to parent the
child depending on his marital status to the birth mother and their
interactions or lack of it after conception.
2. How is the father of the baby notified of the
mother’s adoption plan?
Ultimately, Notice of Adoption Proceedings are served on him if he does
not Consent.
3. Can the father of the baby choose the
adoptive parents?
Yes.
4. What happens if the biological father of the
baby is not the baby’s legal father?
Both consents may be necessary. See S. C. Code Ann. §20-7-1690 (Cum.
Supp. 1992).
5. What happens if the husband (legal father) is
not the biological father?
He is presumed to be the father and his consent is required under S. C.
Code Ann. §20-7-1690(2) (Cum. Supp. 1992).
6. What happens if the mother does not know who
the biological father is?
The Court may allow "John Doe" publication.
7. What happens if the mother refuses to give
the name of the biological father?
If his consent is not required under S. C. Code Ann. §20-7-1690 (Cum.
Supp. 1992), then the mother can refuse to name him and a proper "John Doe"
publication will be sufficient. Evans v. Dss, 399 SE2d 156 (1990).
8. Can the biological father of the baby give
notice that he intends to plan for the baby before the baby is born?
Yes, but there is not a putative father registry.
9. Can the birth father change his mind before
signing the legal consents the adoption?
Yes.
10. Can a minor father independently sign legal
documents placing the child for adoption (consent to the adoption)?
Yes.
11. Can the birth father change his mind after
signing the legal consents to the adoption?
His consent cannot be withdrawn except by Court Order upon a showing of
coercion or duress and that it would be in the best interest of the child.
Frequently Asked Questions about Private Adoption in South Carolina
Page Copyright © 2005 Stephen Yacobi Law Firm. All rights reserved.
Revised: July 28, 2005
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