reglab/housing_qa huggingface dataset:
SC Code § 63-9-370 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-370. Adoption of a child in the custody of the Department of Social Services.

 (A) Consent or relinquishment for the purpose of adoption, pursuant to Section 63-9-310, for a minor child who is in the custody of the department by a removal action under Section 63-7-1660, is valid, binding, and enforceable. However, if a cause of action for the termination of parental rights affecting a minor child who is in the custody of the department by a removal action under Section 63-7-1660 was filed prior to the execution of a consent or relinquishment, then the consent or relinquishment and any further action on the petition for adoption, while valid, remains subject to the pendency of the termination of parental rights action and any order of the court pursuant thereto.  (B) Notwithstanding subsection (A), the department may move the court to make specific written findings that the consent or relinquishment has been freely, knowingly, and voluntarily given or that the consent or relinquishment is invalid on any of the following grounds:  (1) the adoptee lacks the mental capacity to give consent pursuant to Section 63-9-310(A)(1);  (2) the person lacks the mental capacity to give consent pursuant to Section 63-9-320(A)(2) as a result of:  (a) suffering from mental illness, impairment, or deficiency;  (b) being under the influence of alcohol or illegal drugs or abusing prescription medication; or  (c) being impaired by medical treatment; or  (3) the consent or relinquishment was not given voluntarily or was obtained through undue influence, duress, or coercion.  (C) The custody of a minor child who is in the custody of the department shall not be modified pursuant to a consent or relinquishment prior to a hearing being held in court, wherein the department is a party, for the purpose of determining whether the requirements of this section and Section 63-9-60 have been met with regard to the standing of the petitioner and validity of any consent or relinquishment for the purpose of adoption.  (D) Notwithstanding any other provision in this section, the court must consider the best interests of the child in making any findings pursuant to this section.  HISTORY: 2018 Act No. 144 (H.3442), Section 4, eff April 4, 2018.  Subarticle 5  Investigations and Reports  DERIVATION TABLE  Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.  New  Section Former  Section 63-9-510 20-7-1738 63-9-520 20-7-1740
SC Code § 63-9-510 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-510. Temporary placement and custody of adoptee.

 Once a petitioner has received the adoptee into his home and a petition for adoption has been filed, the petitioner has temporary custody of the adoptee and is responsible for the care, maintenance, and support of the adoptee, including necessary medical or surgical treatment, except as provided in Article 7. A postplacement investigation and report of this investigation pursuant to Section 63-9-520 must be completed before the final hearing. Unless the adoptee is removed pursuant to Subarticle 3, Article 3, Chapter 7, when adoptive parents have received the adoptee into their home for the purpose of adoption but no petition has been filed pursuant to Section 63-9-710, the child-placing agency shall secure an order from the family court before removal of the child from the adoptive parents. At the hearing the burden of proof is on the child-placing agency to prove that continued placement with the adoptive family is not in the adoptee's best interest.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-710 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-710. Petition for adoption; use of fictitious names.

 (A) A petition for adoption shall specify:  (1) the full name, age, address, and place of residence of each petitioner, and, if married, the place and date of the marriage;  (2) when the petitioner acquired, or intends to acquire, custody or placement of the child and from what person or agency;  (3) the date and place of birth of the child, if known;  (4) the name used for the child in the proceeding, and if a change in name is desired, the new name;  (5) that it is the desire of the petitioner to establish the relationship of parent and child between the petitioner and the child, and that the petitioner is a fit and proper person and able to care for the child and to provide for the child's welfare;  (6) a full description and statement of value of all real property and of any personal property of value owned or possessed by the child;  (7) facts, if any, which excuse consent on the part of a parent to the adoption or which excuse notice of the adoption proceedings to a parent;  (8) facts, if any, which may permit placement with or adoption by nonresidents of this State, pursuant to Section 63-9-60;  (9) the existence and nature of any prior court orders known to the petitioner which affect the custody, support, or visitation of the child;  (10) the relationship, if any, of each petitioner to the child; and  (11) the name and address of the child placing agency or the person facilitating placement of the child for adoption, if any.  (B) The petition must be filed within sixty days of the date the adoptee is placed for the purpose of adoption in the home of the petitioner.  (C) All of the following must be filed at the time the adoption petition is filed or, after the filing, upon good cause shown:  (1) any consent or relinquishment required by Section 63-9-310;  (2) the preplacement investigation report;  (3) the background investigation report;  (4) a statement of all payments of money or anything of value made within the past five years or agreed to be made in the future by or on behalf of the petitioner to any person, agency, or organization connected with the adoption that is not a disbursement made and reported pursuant to Section 63-9-740.  (D) For purposes of this article, the petitioner may employ the use of fictitious names where necessary to avoid disclosure of identities of parties or persons, so long as service of process or notice is considered sufficient by the court.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-720 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-720. Appointment of guardian ad litem.

 Before any hearing is held on the adoption or any matter related to the adoption, the court shall appoint a guardian ad litem for the adoptee as in other family court actions, and the adoptee must be served with a copy of the pleadings. However, if the adoptee is fourteen years of age or younger, the child may be served by service upon his guardian ad litem or other person with whom he resides.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-740 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-740. Itemized accounting of disbursements.

 (A) At the final hearing on the adoption, the petitioner shall file a full, itemized accounting of disbursements of anything of value made, agreed to be made, or anticipated being made by or on behalf of the petitioner for expenses incurred or fees for services rendered in connection with the adoption. The accounting must be verified by the petitioner under penalty of perjury.  (B) The accounting by the petitioner must include:  (1) dates and amounts of disbursements made, agreed to be made, or anticipated being made and by whom the disbursements were or are to be made;  (2) names and addresses of persons to whom the disbursements were made or are to be made;  (3) services received for the disbursements and by whom the services were received;  (4) receipts for reasonable living expenses incurred by the mother and child assessed as costs under Section 63-9-310(F)(1). No assessment is allowed for a cost which does not have a corresponding receipt or which is unreasonable.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-750 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-750. Final hearing.

 (A) The final hearing on the adoption petition must not be held before ninety days and no later than six months after the filing of the adoption petition. In the case of a special needs child, the hearing must not be held before ninety days and no later than twelve months after the filing of the adoption petition. In its discretion, upon good cause shown, the court may extend, or in the case of a special needs child extend or shorten the time within which the final hearing on the adoption petition may be held.  (B) Upon satisfactory examination by the court of the record, including the reports required in Section 63-9-520, and following the final hearing on the adoption petition the court shall issue an order granting the adoption if it finds that:  (1) the adoptee has been in the actual custody of the petitioner for a period of ninety days unless the court finds as provided in subsection (A) that there is good cause for modifying the time within which the final hearing may be held;  (2) all necessary consents or relinquishments for the purpose of adoption have been obtained;  (3) notice of the adoption proceeding has been given to all persons entitled to receive notice under Sections 63-9-310 and 63-9-730, and any hearing resulting from the notice has been held and handled according to the satisfaction of the court;  (4) the disbursements made and accounted for pursuant to Section 63-9-740 are reasonable costs for expenses incurred or for fees for services rendered;  (5) the petitioner is a fit and proper person and able to care for the child and to provide for the child's welfare, and the petitioner desires to establish the relationship of parent and child with the adoptee;  (6) the best interests of the adoptee are served by the adoption; and  (7) if the petitioner is a nonresident of this State, the findings pursuant to Section 63-9-60(B) are included in the order, and there has been compliance with Article 11 (Interstate Compact on the Placement of Children).  (C) The court shall enter its findings in a written decree which shall also include the new name of the adoptee, if appropriate, and may not include any other name by which the adoptee has been known or the names of the biological or presumed parents of the adoptee. The final adoption decree shall order what effect, if any, the adoption has on the legal rights and responsibilities of the adoptee's biological parents, that the adoptee is the child of the petitioner, and that the adoptee must be accorded the status provided for in Section 63-9-760.  HISTORY: 2008 Act No. 361, Section 2; 2018 Act No. 144 (H.3442), Section 2, eff April 4, 2018.  Effect of Amendment  2018 Act No. 144, Section 2, in (B)(7), substituted "Section 63-9-60(B)" for "Section 63-9-50".
SC Code § 63-9-760 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-760. Effect of final decree.

 (A) After the final decree of adoption is entered, the relationship of parent and child and all the rights, duties, and other legal consequences of the natural relationship of parent and child exist between the adoptee, the adoptive parent, and the kindred of the adoptive parent.  (B) After a final decree of adoption is entered, the biological parents of the adoptee are relieved of all parental responsibilities and have no rights over the adoptee.  (C) Notwithstanding any other provision to the contrary in this section, the adoption of a child by an adoptive parent does not in any way change the legal relationship between the child and either biological parent of the child whose parental responsibilities and rights are not expressly affected by the final decree.  (D) The validity of the final decree of adoption is not affected by an agreement entered into before the adoption between adoptive parents and biological parents concerning visitation, exchange of information, or other interaction between the child and any other person. Such an agreement does not preserve any parental rights with the biological parents and does not give to them any rights enforceable in the courts of this State.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-770 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-770. Attacks on final orders; appeals.

 (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.
SC Code § 63-9-790 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-790. Amended birth certificates.

 (A) For each adoption handled through a child placing agency as defined in Section 63-9-30, the attorney for the petitioner shall, within fifteen days of the filing of the final decree, transmit to the appropriate agency a certified copy of the adoption decree and a Certificate of Adoption with Part II completed and verified by the adoptive parent and Part III certified by the clerk of court. The agency shall complete Part I of the Certificate of Adoption and transmit the form to the State Registrar of Vital Statistics within thirty days of the filing of the final decree.  (B) For other adoptions, the attorney for the petitioner shall complete Parts I and II of the Certificate of Adoption form provided by the State Registrar of Vital Statistics and file with the clerk of court at the time of filing of the final decree. The clerk of court shall certify Part III of the Certificate of Adoption and transmit the form to the State Registrar within thirty days of the filing of the final decree.  (C) In the case of a person who was born in a foreign country and who was not a United States citizen at birth, the court shall require evidence from sources determined to be reliable by the court as to the date and place of birth of the person and shall set forth in the order of the court the date and place of birth as established by the evidence. The court order and evidence submitted to the court must be attached to the Certificate of Adoption and transmitted to the State Registrar.  (D) The Certificate of Adoption form provided by the State Registrar must not be used in conjunction with any legal procedure affecting a birth certificate other than adoption.  (E) The State Registrar, upon receipt of a certified Certificate of Adoption, shall take action as provided by Section 44-63-140 with respect to the issuance and filing of an amended certificate.  HISTORY: 2008 Act No. 361, Section 2.  Subarticle 8  Responsible Father Registry
SC Code § 63-9-810 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-810. State interest; purpose of registry.

 The State has a compelling interest in promptly providing stable and permanent homes for adoptive children and in preventing the disruption of adoptive placements. It is the purpose of the Responsible Father Registry to provide notice to unmarried biological fathers who affirmatively assume responsibility for children they may have fathered by registering with the Responsible Father Registry.  HISTORY: 2009 Act No. 41, Section 1, eff January 1, 2010.  Editor's Note  2009 Act No. 41 Section 6 provides as follows:  "This act takes effect July 1, 2009, except that those provisions of Section 1 of this act pertaining to the establishment of the Responsible Father Registry and the receipt of claims of paternity by the registry take effect January 1, 2010, and those provisions of Section 1 of this act and Section 63-9-730 of the 1976 Code, as amended by Section 2 of this act, affecting an unmarried biological father's right to receive notice in a termination of parental rights or an adoption action by filing a claim of paternity and Section 63-7-2550(B) of the 1976 Code, as added by Section 4 of this act, apply to termination of parental rights actions and adoption actions filed on or after July 1, 2010."
SC Code § 63-9-910 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-910. Foreign adoptions.

 (A) Notwithstanding the provisions of Section 63-9-790(A) and (B), in the case of a child born in a foreign country who was not a United States citizen at birth and whose adoption was finalized in a foreign country, the court shall review the documentation as required by this section and, if it finds the documentation to be satisfactory, shall issue an order stating that the documentation required by this section has been submitted and is satisfactory and that the foreign adoption must be recognized and domesticated in South Carolina. The court shall transmit the order and the certificate of adoption to the State Registrar of Vital Statistics without the necessity of a hearing unless the court finds the documentation submitted pursuant to subsection (B) is unsatisfactory and such finding is stated in the order resulting from the hearing.  (B) Documentation required to be submitted to the court includes, but is not limited to:  (1) a verified petition seeking domestication of the foreign adoption;  (2) a post foreign adoption home study completed by a person certified pursuant to Section 63-9-360 which evaluates the adjustment and progress of the child and family since adoption;  (3) naturalization papers, if available;  (4) other documentation as the court may request as stated in materials developed pursuant to subsection (C).  (C) Court administration in consultation with the Department of Health and Environmental Control shall develop petition forms, including documentation required to be filed with the petition, and guidelines for obtaining the domestication of a foreign adoption. These forms and guidelines must be available to the public upon request at all county clerks of court offices and at Department of Health and Environmental Control offices.  (D) The state registrar, upon receipt of the order and certificate of adoption shall take action as provided in Section 44-63-140 with respect to the issuance and filing of an amended certificate of birth.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-920 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-920. Effect of foreign decrees of adoption.

 When the relationship of parent and child has been created by a decree of adoption of a court of any other state or nation, the rights and obligations of the parties as to matters within the jurisdiction of this State must be determined by Section 63-9-760.  HISTORY: 2008 Act No. 361, Section 2.  Subarticle 11  Stepparent, Relative, and Adult Adoptions  DERIVATION TABLE  Showing the sections in former Chapter 7, Title 20 from which the sections in this subarticle were derived.  New  Section Former  Section 63-9-1110 20-7-1820 63-9-1120 20-7-1825
SC Code § 63-9-1110 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-1110. Adoption by stepparent or relative.

 Any person may adopt his spouse's child, and any person may adopt a child to whom he is related by blood or marriage. In the adoption of these children:  (1) no investigation or report required under the provisions of Section 63-9-520 is required unless otherwise directed by the court;  (2) no accounting by the petitioner of all disbursements required under the provisions of Section 63-9-740 is required unless the accounting is ordered by the court;  (3) upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-750, that the final hearing must not be held before ninety days after the filing of the adoption petition;  (4) upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-320(A)(2), of the appointment of independent counsel for an indigent parent; and  (5) upon good cause shown, the court may waive the requirement, pursuant to Section 63-9-60(B)(3), that the adoption proceeding must be finalized in this State.  HISTORY: 2008 Act No. 361, Section 2; 2010 Act No. 160, Section 10, eff May 12, 2010; 2018 Act No. 144 (H.3442), Section 3, eff April 4, 2018.  Effect of Amendment  The 2010 amendment added subsection (5), relating to the waiver of finalization of adoption proceedings in South Carolina.  2018 Act No. 144, Section 3, in (5), substituted "Section 63-9-60(B)(3)" for "Section 63-9-60(A)(2)".
SC Code § 63-9-1120 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-1120. Adult adoption.

 An adult person may be adopted by another adult person with the consent of the person to be adopted or his guardian and with the consent of the spouse, if any, of a sole adoptive parent, filed in writing with the court. The provisions of Section 62-2-109 and Sections 63-9-30 through 63-9-760, excluding Section 63-9-740, do not apply to the adoption of an adult person. A petition for the adoption must be filed with the family court in the county where the adoptive parents reside. After a hearing on the petition and after those investigations as the court considers advisable, if the court finds that it is in the best interests of the persons involved, a decree of adoption may be entered which has the legal consequences stated in Section 62-2-109.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-1310 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-1310. Declaration of purpose.

 It is the purpose of this article to achieve the objective of the best interests of the child, as the primary client. Adoption programs must be structured so that all questions of interpretation are resolved with that objective in mind. To achieve this objective, adoption services must be delivered in the most effective and cost-efficient manner with assurances for the provision of quality services.  HISTORY: 2008 Act No. 361, Section 2.
SC Code § 63-9-1320 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 9 - Adoptions|Section 63-9-1320. Department of Social Services adoption program only state public adoption program.

 The Adoption and Birth Parent Services Program within the South Carolina Department of Social Services is the only public adoption program in South Carolina.  HISTORY: 2008 Act No. 361, Section 2.