Adoption

We have handled well over 700 adoptions, including private adoptions, agency adoptions, and step-parent adoptions.  The firm handles both contested and uncontested adoption matters, as well as adoptions involving interstate placements.  Additionally, we assist with domesticating international adoptions for South Carolina residents.

Adoption matters frequently involve actions to terminate parental rights (TPR) of a parent that has not acted like a true parent to the child. Both Dale and Cherie have experience with TPR action. Cherie brings exceptional experience to the firm in the area of TPR, which she gained while serving as attorney for York County, SC DSS.

Embryo Donation / Adoption

Our firm also provides assistance to those involved in the donation and adoption of embryos for the purposes of assisted reproduction.  Embryo adoption is an exciting new option for those wanting to be parents but who are not themselves able to produce their own embryos.  Parents who have used their own embryos to have children now find themselves with embryos they will not use for their own pregnancy, but wish to donate to others who want to be parents.  We provide legal services to effect the legal transfer of the embryos from such donors to the receiving parents in waiting.  It is imperitive for all rights of the donor parents in and to the embryos to be terminated, and for the receiving parents to be legally designated as the parents of any child or children born from the embryos.  More...

American Academy of Adoption Attorneys

Dale is a Fellow of the American Academy of Adoption Attorneys, along with about 300 other adoption attorneys across the nation.  This organization requires its members to maintain their practice according to the highest standards of professionalism, competence and ethics.   As a Fellow of the Academy, he has ready access to highly qualified adoption attorneys across the nation when services in other states are required.  www.ADOPTIONATTORNEYS.ORG

South Carolina Adoption Facts

Adoption Consents
Consents can be signed after a child's birth, as the birth parent desires.  There is no waiting period.  Once signed, the consent can only be withdrawn if a Court finds that the consent was not voluntarily given or was obtained under duress or through coercion.

Permissible Expenses
Adoptive parents can legally pay medical expenses for the birth mother and child, as well as reimburse the birth mother for reasonable and necessary living expenses for a reasonable time. It is a felony crime to pay or receive payment for expenses outside the above, or for the giving of a consent for adoption. 

Private Adoptions are OK
SC law makes no distinctions between private and agency adoptions.  Both are permissible in SC.

Time to finalize adoption
Most adoptions are completed between 4 and 6 months.

Non-Resident Adoptions

South Carolina has a residency requirement which generally says that non-residents cannot adopt children born in South Carolina, unless the child is a relative, or is a special needs child (which includes a child of mixed racial heritage), or unless there are exceptional or unusual circumstances justifying placement with a child outside of the State.

Exceptional or unusual circumstances
These circumstances frequently arise where a prospective adoptive parent locates a birth mother inside South Carolina, develops a relationship with her, and the birth mother strongly desires to place her child with that adoptive parent and no one else.  If the birth mother wants to place her child for adoption, it is normally found to be in the best interest of the child that the child be adopted.  If the birth mother is only willing to consent to the adoption by the non-resident, it is normally found appropriate for the child to be placed for adoption with the non-resident.  A South Carolina Family Court Judge must authorize a child to be placed for adoption with non-residents.