(A) Except as provided in subsection (B), after the final order, judgment, or decree of adoption is entered, no party to an adoption proceeding, and no one claiming under a party, may question the validity of the adoption because of any defect or irregularity, jurisdictional or otherwise, in the proceeding, and a party, and anyone claiming under a party, is fully bound by the order. No adoption may be attacked either directly or collaterally because of any procedural or other defect by anyone who was not a party to the adoption. The failure on the part of the court or an agency to perform duties or acts within the time required by this article does not affect the validity of any adoption proceeding.
(B) A party to an adoption proceeding may appeal a final order, judgment, or decree of adoption in the manner provided for appeals from the court in other family court matters. In addition, this section may not be construed to preclude a court's inherent authority to grant collateral relief from a judgment on the ground of extrinsic fraud. For purposes of this subsection, "extrinsic fraud" is fraud that induces a person not to present a case or deprives a person of the opportunity to be heard. However, a court is under no obligation to grant a person relief from a judgment based upon extrinsic fraud if the person might have prevented the judgment by the exercise of proper diligence.
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.