766 S.E.2d 375
S.C.2014Background
- Birth Mother, NC resident, signed a SC Consent to Adoption for Baby Girl in Charleston on Oct 30, 2013; consent execution faced multiple procedural flaws.
- Adoptive Mother sought court approval; hospital staff and nurse midwife concealed details of adoption to some extent; open adoption anticipated with Birth Mother’s visitation.
- The signing of the Consent involved two witnesses, but one was not present when Birth Mother signed, and no witness discussed the document’s provisions with her in advance.
- Birth Mother revoked consent by letter on Nov 5, 2013; family court ruled April 24, 2014 that the consent was invalid and ordered immediate return of Baby Girl to Birth Mother.
- Court of Appeals affirmed on Aug 4, 2014, holding strict compliance required under section 63-9-340 and that the attorney-witness’s absence and lack of pre-signature discussion invalidated the Consent.
- The Supreme Court granted certiorari to review, concluded the Consent was invalid due to noncompliance, and ordered Baby Girl’s transfer to Birth Mother, preserving a biological-parent custody presumption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the consent under strict formal execution | Brown argues substantial compliance suffices | Law requires strict compliance under §63-9-340 | Consent invalid; strict compliance required |
| Custody outcome after invalid consent | Best interests favor returning to Birth Mother | Adoptive Mother should prevail despite invalid consent | Transfer to Birth Mother is in Baby Girl’s best interests and proper custody outcome |
Key Cases Cited
- Gardner v. Baby Edward, 288 S.C. 332, 342 S.E.2d 601 (1986) (consent and parental rights in adoption context; foundational requirement)
- McCann v. Doe, 377 S.C. 373, 660 S.E.2d 500 (2008) (best interests and timing considerations in adoption; strict formalities emphasized)
- Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000) (statutory text as best evidence of legislative intent; strict compliance guidance)
- Goff v. Benedict, 252 S.C. 83, 165 S.E.2d 269 (1969) (strict construction of adoption statutes in favor of parent)
- Dunn v. Dunn, 298 S.C. 365, 380 S.E.2d 836 (1989) (principles on finality and parental rights in adoption)