Contested Adoptions in South Carolina

Contested adoptions are not common, but when they arise, they force everyone involved—birth parents, adoptive families, and the courts—to examine their roles under the harsh light of law and obligation. What makes adoption in the United States, and specifically South Carolina, particularly challenging in such cases is the balancing act the courts must perform between the legal rights of biological parents and the best interests of the child. It’s a legal high-wire act where every misstep is filled with emotional consequences.

The Anatomy of a Contested Adoption

Adoptions, at their core, require consent. Typically, this consent is voluntary such as when birth mothers, and often birth fathers, decide that their child’s best future lies with an adoptive family. They make the painful yet considered decision to relinquish parental rights, often hoping to give their child a chance at a life they themselves feel unable to provide at that time. 

But what happens when this consent is withheld? What happens when a biological father, for instance, contests the adoption, claiming he was misled or that he believes his consent to the adoption is required?

This legal friction is where a “contested adoption” comes into play. The term itself conjures images of courtrooms, legal briefs, and tearful testimony. Yet, it’s often a far more personal affair—an event where individual lives, legal doctrines, and the future of a child converge in a courtroom.

In South Carolina, as elsewhere, contested adoptions tend to emerge in either private domestic adoptions or foster care cases. These cases carry unique emotional weight. On one side, specifically in foster care placements, a birth parent seeks to assert their rights, sometimes years after the child has already bonded with a new family, which is not often the case with private domestic adoptions. 

On the other side, foster and adoptive parents—often with hearts already bound to the child they call their own—face a long, painful legal struggle. Looming over all is the question: what is in the child’s best interest?

A Case of Legal Maneuvering: The South Carolina Standard

In South Carolina, as in many states, adoption law is as complex as it is precise. The state’s adoption statutes outline specific steps that must be followed before a biological parent’s rights can be terminated. If these steps are not rigorously adhered to, the birth parent, or in the case of foster care, another relative may contest the adoption.

The law makes provisions for a contested adoption hearing, where the primary focus is determining if all the necessary steps have been taken to seek/require the birth parent’s consent. For instance, was the father aware of the pregnancy? Did he provide financial or emotional support? In the case of an older child, did the father establish an active role in the child’s life?

At the center of the courtroom drama is the contested adoption hearing, where judges must determine the veracity of each claim and assess whether terminating parental rights is legally possible and in the child’s best interest. South Carolina courts rely not only on the “best interest of the child” standard but must find, by clear and convincing evidence, that one of twelve statutory grounds exist to terminate a biological parent’s rights without their consent. This guiding principle demands that the court look beyond the emotional turmoil of both the birth parents and the adoptive family, focusing squarely on the facts of the case as well as  what outcome serves the child’s long-term welfare.

The Role of the Birth Father: An Unexpected Twist

It’s easy to assume that most contested adoptions arise from disputes initiated by birth mothers. However, birth fathers often play a central role in these legal challenges, particularly in private adoption. Some fathers, unaware that an adoption plan has been made for their child, come forward after the child’s birth to assert their parental rights. Others, perhaps originally ambivalent or absent during the pregnancy, change their minds and decide to step into the fray once they realize their child might be placed with another family.

For example, in a private adoption where the mother has voluntarily relinquished her rights, a father’s objections can bring the entire process to a standstill. The court must assess the father’s legal rights. If a father is found to have abandoned the child or failed to offer support, the court may determine his consent to the adoption is not required, allowing the adoption to proceed.

Foster Care Adoptions: When Birth Parents Contest

In the realm of foster care adoptions, contested cases present another layer of emotional and legal complexity. Many foster children come from homes where parental rights are in question due to neglect or abuse. However, in some cases, biological parents—or even extended family members—may contest the adoption, seeking to regain custody.

For foster parents who have a child in their care, these disputes are often heart-wrenching. They may have concerns about the child returning to the birth family prematurely or feel that the child’s bond to them, as foster parents, would be detrimental to disrupt, especially if the alternative is placing the child with an extended family member who is unknown to the child. 

The primary goal of the Department of Social Services is for children in foster care to be reunited with their birth families, which can be a difficult scenario for foster families who feel that may not be in the child’s best interest. Biological parents have rights that should be considered and fully examined before being terminated—rights that are protected under both state and federal law.

The foster care system, as complex as it is, frequently becomes a battleground where birth parents and foster parents face off in courtrooms. The central question remains the same: What is in the child’s best interest? Foster parents must often rely on the testimony of case managers, psychologists, and guardian ad litem representatives to make their case for permanent adoption.

Grounds for Termination and the Best Interests of the Child: The Court’s Compass

When an adoption is contested, and the involuntary termination of parental rights is being considered, the court is forced to ask two overriding questions: 

• Are there statutory grounds to terminate the biological parents’ rights? 
• Is terminating their rights in the child’s best interest? 

This seemingly simple inquiry process is deceptively complex. It’s a question that has no one-size-fits-all answer and forces the court to weigh competing factors.

In cases where a biological parent seeks to block an adoption, the court must consider the stability and future of the child. If the child has already been living with a prospective adoptive family for an extended period, their bond and emotional attachment to that family are significant factors. Judges also consider whether the biological parent is capable of providing a stable home. Past behaviors—such as substance abuse, abandonment, or neglect—play a crucial role in the court’s final decision.

As the guardian ad litem often testifies during these hearings, the emotional and psychological well-being of the child may hinge on the outcome of the adoption dispute. It’s this child-centric focus that informs the judge’s ruling.

Can Contested Adoptions Be Prevented?

The obvious question that arises in these situations is whether contested adoptions can be avoided altogether. The answer, frustratingly, is complicated. While not all contested adoptions can be foreseen, there are legal steps and best practices that can help minimize the likelihood of disputes.

Experienced adoption attorneys, like those at Thompson Dove Law Group in South Carolina, stress the importance of thorough legal vetting before an adoption plan is made. Ensuring that counseling is available to birth parents to help them fully understand the implications of relinquishing their rights is a crucial early step in the process, in addition to providing appropriate referrals like separate legal representation and supplementary private counseling. Moreover, assessing any birth father issues can significantly reduce the risk of a contest later on, whether securing his consent or determining if his consent is required for the adoption.

The Role of Legal Counsel in Contested Adoptions

Given the intricacies of contested adoptions, having experienced legal representation is essential for both birth parents and adoptive families. The stakes are simply too high to navigate without professional guidance. From ensuring that proper procedures are followed to representing clients in contested adoption hearings, an attorney’s role is invaluable.

For adoptive parents, finding an experienced adoption attorney can make all the difference. Thompson Dove Law Group understands not only the legal process but also the emotional weight of these cases. They provide both legal strategy and emotional support, guiding clients through a difficult and uncertain time.

Conclusion: Navigating the Heartbreak and Hope of Contested Adoptions

Contested adoptions represent one of the most emotionally charged aspects of family law. They are battles fought not only in courtrooms but also in the hearts and minds of everyone involved—birth parents who struggle with the pain of relinquishment; adoptive families who fear losing a child they love; and most poignantly, the children at the center of it all.

In the end, the guiding principle of the law—the best interests of the child—serves as a moral compass through the legal fog. Yet, for those who walk this path, the journey is never easy. It’s a journey defined by the tension between the heart’s deepest desires and the mind’s legal realities, with the child’s future hanging in the balance.

Adopting a child is, at its best, an act of love and hope. However, when contested, it becomes a fight for that love, a struggle that tests the resilience of everyone involved.

Considering Adoption?

Building families isn’t just our job—it’s our passion. At TD Law Group, Attorney Jim Thompson and our experienced team specialize in creating personalized adoption plans that protect your rights and prioritize your peace of mind. Whether you’re adopting domestically, internationally, or pursuing stepparent or kinship adoption, we’ll guide you through every legal detail with compassion and expertise.

Click the chat widget to immediately contact a staff member with your questions.