Unregulated Custody Transfers of Adopted Children - South Carolina

Definitions

Citation: Ann. Code § 63-9-70

For purposes of this section, the term 'advertise' means to communicate by newspaper, radio, television, hand bills, placards, or other print, broadcast, or electronic medium that originates within this State.

Prohibited or Required Actions Regarding Custody

No person or entity other than the Department of Social Services, a licensed child-placing agency, or an attorney licensed in this State may advertise that the person or entity will place or accept a child for adoption.

If no other parent possesses custodial responsibility under the law of this State, other than this article, or if an existing court order prohibits contact between the child and the other parent, a deploying parent may delegate all or part of their custodial responsibility to an adult nonparent for the period of deployment by power of attorney. The power of attorney is revocable by the deploying parent through a revocation of the power of attorney signed by the deploying parent.

An agreement or power of attorney made under this article must be filed within a reasonable time with any court that has entered an existing order on custodial responsibility or child support concerning the child.

Exceptions

Citation: Ann. Code § 63-9-70

A person is not prohibited from advertising that the person desires to adopt if the person has a current preplacement home investigation finding that the person is suitable to be an adoptive parent.

Consequences

Citation: Ann. Code § 63-9-70

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined no more than $500 or imprisoned no more than 30 days, or both.