New Appellate Case Addresses Importance of Voluntary Parental Consent in Adoption Cases

The South Carolina Supreme Court recently decided a case that addressed the importance of obtaining voluntary parent consent in adoption cases.  This case also included a thorough discussion of the relinquishment law in our state, particularly when compared with that of surrounding states.

In McCann v. Doe, the Court held that abundant evidence existed to support the Family Court's determination that the biological mother's consent to relinquish her parental rights was involuntary.  The Family Court ordered that the child be returned to the biologial mother, and the Supreme Court found that was also proper. 

While both the adoptive and biological parents presented evidence that they were fit parents, it was in the child's best interest to be raised by its biological parent and for custody to be returned to her.  You can read the full text of McCann v. Doe by clicking HERE.
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Comments (3) Read through and enter the discussion with the form at the end
tami - August 31, 2008 7:36 PM

My son's father was convicted of murder when he was 15 years old. Our son was born when he was 22 years old. Since then he pled no contest to domestic violence charges against myself, and pled guilt to three charges of assault against a former employer. I am scared for my child, and I wonder if there is anyway I can terminate his parental rights. He would maybe voluntarily sign him over to quit paying child support please help me I am scared for my child and myself

Michael Palmer - April 16, 2009 5:04 PM

I have a son that I currently pay child support for that I do not see nor can I be around him do to my ex-wife's unfounded allegations of sexual abuse and physical abuse. The charges were unfounded after an investigation. On her lastest allegation she coerced my son to lie to law enforcement and I am afraid that next time I will not be so lucky. I am afraid that another investigation will cause harm to my career and my family I have now which includes my wife and step children. I am wondering if I can voluntarly give up my parental rights in South Carolina.

SingleDad - April 20, 2009 4:37 PM

Are you insane, or do you just care nothing for your own child? If all you're worried about is money and evading paying child support, you're on the wrong site so quit reading. Otherwise, you need to know that you shouldn't be afraid if you're not in the wrong. Do just the opposite, file for custody of your child. If you can prove, or have already proven; that the allegations were false, you can march into court and get custody of your kid right now. Judges hate coaching, especially about something serious like abuse. Unless you are a piece of $h!# father, then you should be fighting for your kids. There is NOTHING more paramount in this world. I fought for 5 years and got complete custody of my child. His mother cannot even see him now by court order! Fight for your kids, and not yourself, and you will ALWAYS win! If you don't win, it's because you didn't fight hard enough!

Lastly, a judge will not terminate your rights, just because you want him to. Now, if you're interested in your children and you've read this far, you are either extremely uneducated as to the system, or a fool for trying to remove your kids from your life. Grow some cahones and fight for your kids!!!

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