Frequently
Asked Questions about Adoption
BIRTH MOTHER RELATED
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1. When can the mother of the baby start the adoption process?
As soon as she knows that she is pregnant.
2. Can the birth mother choose the adoptive parents?
Yes.
3. Can the birth mother see and hold the baby after the birth?
Yes.
4. What expenses can the adoptive parents pay to or on behalf of the
birth mother and child?
- Reimbursement for necessary, actual medical, and reasonable living
expenses incurred by the mother and child for a reasonable period of time
- Fees for obtaining certain investigations and reports required by
statute.
- Fees of individuals required to take consents.
- Fees of the Guardian ad Litem.
- Reasonable attorneys fees and costs for services actually provided.
- Reasonable fees to child placing agencies.
- Reasonable fees to sending agencies as defined in the Interstate
Compact for the Placement of Children.
5. Can a minor mother independently sign legal documents placing the
child for adoption (consent to the adoption)?
Yes.
6. When does the birth mother actually sign the legal documents required
for the adoption?
Typically, the day after the delivery or thereafter. Her medical chart
should be checked to make sure she is not under the influence of any pain
killer that might impair her judgement.
7. Can the birth mother change her mind before signing the legal consents
to the adoption?
Yes.
8. Can the birth mother change her mind after signing the legal consents
to the adoption?
She can only withdraw her consent with the Court’s permission. She would
have to prove coercion or duress and that it would be in the best interest
of the child for the Court to allow the consent to be withdrawn. See S. C.
Code Ann. §20-7-1720 (Cum. Supp. 1992).
9. Can the birth mother communicate with the adoptive parents and child
after the adoption?
If allowed by the adoptive parents.
10. Can a birth mother anonymously surrender a newborn child?
Yes. See S. C. Code Ann. §20-7-85 (Cum. Supp. 1992).
11. What happens if the birth parents do not agree that adoption should
be the plan?
If the birth father is married to the birth mother he may essentially
veto any adoption plan. If the birth father was not married to the birth
mother and the child is placed before it is six months old and the birth
father lived with the birth mother a continuous period of six months
immediately preceding the placement and held himself out to be the father
during the six month period or paid a fair and reasonable sum, based on his
ability, for the support of the child or expenses incurred in connection
with the pregnancy or with the birth of the child then his consent will be
required and he may essentially veto the adoption plan. If the birth father
was not married to the birth mother and the child is more than six months
old at placement, the birth father’s consent is necessary but only if he has
maintained substantial and continuous contact or repeated contact with the
child as demonstrated by payment of support of a fair and reasonable sum
based on his financial ability and visits at least monthly when he is able
to do so and not prevented from doing so by the person or agency having
lawful custody of the child or regular communication by the father with the
child or with the person or agency having custody of the child when the
father is financially of physically unable to visit the child or when the
father is prevented from visiting the child by the person or agency having
lawful custody of the child. See S. C. Code Ann. § 20-7-1690 (Cum. Supp.
1992).
12. Will the birth mother be asked to file an affidavit in her adoption
papers regarding future contact or the release of identifying information to
the adoptee or adoptive parents?
No.
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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