Use of Advertising and Facilitators in Adoptive Placements - South Carolina

Date: July 2020

Use of Advertisement

Citation: Ann. Code § 63-9-70

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

Notwithstanding the provisions above, 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.

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.

Use of Intermediaries/Facilitators

Citation: Ann. Code §§ 63-9-30(5); 63-9-310(F); 63-9-710(A)(11)

A person or entity that offers services for compensation where the intent of those services is to arrange or secure adoptions must be considered 'facilitating the placement of children for adoption,' whether those services constitute counseling, referrals, searches, or any other form of adoption services. An attorney who represents a client in an adoption or who otherwise facilitates an adoption is exempt from this definition.

Under no circumstances may a child-placing agency or any person receive any compensation for giving a consent or relinquishment of a child for the purpose of adoption, and no child-placing agency or person may receive a child for payment of any such compensation. However, reasonable and necessary costs may be assessed and payments made, subject to the court's approval.

A petition for adoption shall specify the name and address of the child-placing agency or the person facilitating placement of the child for adoption, if any.