Family Law

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

By Ben Stevens

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.

Full post as published by SC Family Law Blog on April 21, 2008 (boomark / email).