(A) The sworn document provided for in Section 63-9-330, which gives consent or relinquishment for the purpose of adoption, must be signed in the presence of two witnesses one of whom must be one of the following:
(1) a judge of any family court in this State;
(2) an attorney licensed to practice law in South Carolina who does not represent the prospective adoption petitioners;
(3) a person certified by the State Department of Social Services, pursuant to Section 63-9-360, to obtain consents or relinquishments;
(4) when the consent or relinquishment is obtained outside of this State, by an attorney licensed to practice law in that state, by a person designated by an agency of that state, by a person or agency authorized by that state's law to obtain consents or relinquishments or to conduct investigations for adoptions, or by a qualified resident of that state authorized by a South Carolina family court. When a consent or relinquishment is obtained outside of this State, it may be accepted as valid in this State, provided the court determines:
(a) the consent or relinquishment complies with the laws of the state where it is obtained; and
(b) the relinquishing party or agency is domiciled in that state at the time of the signing of the consent or relinquishment; or
(c) the content of the consent or relinquishment is in substantial compliance with the intent of Section 63-9-330(A).
(B) The persons who witness the signing of the sworn document, as provided for in subsection (A) of this section shall attach to the document written certification signed by each witness that before the signing of the document, the provisions of the document were discussed with the person giving consent or relinquishment, and that based on this discussion, it is each witness' opinion that consent or relinquishment is being given voluntarily and that it is not being obtained under duress or through coercion.
(C) A copy of the document must be delivered to the person giving the consent or relinquishment at the time of the signing of the document.
HISTORY: 2008 Act No. 361, Section 2.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Section 63-9-20. Legislative purpose.
Section 63-9-40. Jurisdiction; venue.
Section 63-9-50. Children who may be adopted.
Section 63-9-60. Persons who may adopt.
Section 63-9-70. Advertising prohibited to place or accept child for adoption; exception; penalties.
Section 63-9-310. Persons who must give consent or relinquishment.
Section 63-9-320. Persons not required to give consent or relinquishment.
Section 63-9-330. Form and content of consent and relinquishment.
Section 63-9-340. Signing consent and relinquishment.
Section 63-9-350. Withdrawal of consent or relinquishment.
Section 63-9-360. Consent and relinquishment certification.
Section 63-9-370. Adoption of a child in the custody of the Department of Social Services.
Section 63-9-510. Temporary placement and custody of adoptee.
Section 63-9-520. Investigations and reports.
Section 63-9-710. Petition for adoption; use of fictitious names.
Section 63-9-720. Appointment of guardian ad litem.
Section 63-9-730. Notice of adoption proceedings.
Section 63-9-740. Itemized accounting of disbursements.
Section 63-9-750. Final hearing.
Section 63-9-760. Effect of final decree.
Section 63-9-770. Attacks on final orders; appeals.
Section 63-9-780. Confidentiality of hearings and records.
Section 63-9-790. Amended birth certificates.
Section 63-9-810. State interest; purpose of registry.
Section 63-9-910. Foreign adoptions.
Section 63-9-920. Effect of foreign decrees of adoption.
Section 63-9-1110. Adoption by stepparent or relative.
Section 63-9-1120. Adult adoption.
Section 63-9-1310. Declaration of purpose.
Section 63-9-1330. Department of Social Services to administer program.
Section 63-9-1340. Children's Bureau transferred; monitoring placements.
Section 63-9-1350. Department of Social Services to obtain accreditation.
Section 63-9-1360. Birth parent informational brochure; waiting period.
Section 63-9-1370. Adoption services fees.
Section 63-9-1510. Statewide adoption exchange.
Section 63-9-1700. Short title.
Section 63-9-1720. Definitions.
Section 63-9-1730. Program established.
Section 63-9-1740. Notice to adoptive parents.
Section 63-9-1750. Eligibility criteria.
Section 63-9-1760. Eligible children.
Section 63-9-1770. Adoptive parents; nature of supplemental benefits.
Section 63-9-1780. Eligibility for supplemental benefits.
Section 63-9-1790. Review of decisions.
Section 63-9-1800. Benefits to substitute caregivers.
Section 63-9-1810. Authority to promulgate regulations.
Section 63-9-2000. Compact authorized.
Section 63-9-2010. Compact contents.
Section 63-9-2020. Additional provisions.
Section 63-9-2030. Medical assistance identification.
Section 63-9-2040. Compliance with federal law.
Section 63-9-2200. Compact enacted.
Section 63-9-2210. Financial responsibility for children.
Section 63-9-2220. "Appropriate public authorities" defined.
Section 63-9-2230. "Appropriate authority in receiving state" defined.
Section 63-9-2240. Agreements with other compact states.
Section 63-9-2250. Visitation, inspections by agreement.
Section 63-9-2260. Out-of-state placements.
Section 63-9-2270. Placement of delinquent children.
Section 63-9-2280. "Executive head" defined.
Section 63-9-2290. Promulgation of procedures governing interstate adoptive and foster care.