S.C. Code Ann. § 63-9-760
Effect of final decree
2008 Act No. 361, Section 2. SECTION 20-7-1720 did not apply to a purported consent to adoption signed by the natural father, who, in reserving the right of visitation, did not agree to relinquish all rights to the child within the meaning of SECTION 20-7-1770(B). McLaughlin v. Strickland (S.C.App. 1983) 279 S.C. 513, 309 S.E.2d 787. In view of statute providing that upon final adoption the adoptive parents have all the rights and obligations which the natural parent previously had, and that the rights and obligations of the natural parent are terminated, an enforcement decree forecloses the enforcement of any agreement between natural parent and adoptive parents regarding visitation rights of the natural parent. Lowe v. Clayton (S.C. 1975) 264 S.C. 75, 212 S.E.2d 582. Judgment 735 Where order denying visitation rights was based upon a conclusive effect of adoption statute, but court also stated that testimony had made it clear that the adoption decree was not contingent upon any vested visitation rights, such statement was a gratuitous finding by the court and was not a basis for judgment, and thus could not form the basis of an estoppel to plead fraud in a subsequent proceeding. Lowe v. Clayton (S.C. 1975) 264 S.C. 75, 212 S.E.2d 582. 4. Adult adoption Insurance agent did not, by means of adult adoption, legally qualify as "parent" of designated producer, for purposes of reinsurance facility statute allowing a designated producer to transfer his or her designated producer status to a parent; although adult adoption rendered agent a parent for purposes of intestate succession, he did not assume "all the rights, duties and other legal consequences" connected with the natural relationship of parent and child. Gorman v. South Carolina Reinsurance Facility (S.C.App. 1999) 333 S.C. 696, 511 S.E.2d 98, rehearing denied, certiorari granted. Insurance 1625 5. Inheritance Section 20-7-1770(a) places an adopted child in the same position as a natural child for purposes of "inheritance"--that is, taking under the statute of descent and distribution on the intestate death of an ancestor. The statute did not apply where a remainder interest passed by devise, not inheritance. Bagwell v. Alexander (S.C.App. 1985) 285 S.C. 331, 329 S.E.2d 771. Where inheritance is by will, South Carolina Code Section 10-2587.13 (1962) [Section 15-45-130 [1976]], denying adopted child right to inherit from natural parents by intestacy is not controlling. Dismukes v. Carletta (S.C. 1977) 269 S.C. 110, 236 S.E.2d 421. Wills 10 A final decree of adoption completely severs all ties between the adopted child and the natural parents and effectively bars any right of the child to inherit from them. Cox v. Cox (S.C. 1974) 262 S.C. 8, 202 S.E.2d 6. Adoption 18; Adoption 21
- (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. SECTION 20-7-1720 did not apply to a purported consent to adoption signed by the natural father, who, in reserving the right of visitation, did not agree to relinquish all rights to the child within the meaning of SECTION 20-7-1770(B). McLaughlin v. Strickland (S.C.App. 1983) 279 S.C. 513, 309 S.E.2d 787. In view of statute providing that upon final adoption the adoptive parents have all the rights and obligations which the natural parent previously had, and that the rights and obligations of the natural parent are terminated, an enforcement decree forecloses the enforcement of any agreement between natural parent and adoptive parents regarding visitation rights of the natural parent. Lowe v. Clayton (S.C. 1975) 264 S.C. 75, 212 S.E.2d 582. Judgment 735 Where order denying visitation rights was based upon a conclusive effect of adoption statute, but court also stated that testimony had made it clear that the adoption decree was not contingent upon any vested visitation rights, such statement was a gratuitous finding by the court and was not a basis for judgment, and thus could not form the basis of an estoppel to plead fraud in a subsequent proceeding. Lowe v. Clayton (S.C. 1975) 264 S.C. 75, 212 S.E.2d 582. 4. Adult adoption Insurance agent did not, by means of adult adoption, legally qualify as "parent" of designated producer, for purposes of reinsurance facility statute allowing a designated producer to transfer his or her designated producer status to a parent; although adult adoption rendered agent a parent for purposes of intestate succession, he did not assume "all the rights, duties and other legal consequences" connected with the natural relationship of parent and child. Gorman v. South Carolina Reinsurance Facility (S.C.App. 1999) 333 S.C. 696, 511 S.E.2d 98, rehearing denied, certiorari granted. Insurance 1625 5. Inheritance Section 20-7-1770(a) places an adopted child in the same position as a natural child for purposes of "inheritance"--that is, taking under the statute of descent and distribution on the intestate death of an ancestor. The statute did not apply where a remainder interest passed by devise, not inheritance. Bagwell v. Alexander (S.C.App. 1985) 285 S.C. 331, 329 S.E.2d 771. Where inheritance is by will, South Carolina Code Section 10-2587.13 (1962) [Section 15-45-130 [1976]], denying adopted child right to inherit from natural parents by intestacy is not controlling. Dismukes v. Carletta (S.C. 1977) 269 S.C. 110, 236 S.E.2d 421. Wills 10 A final decree of adoption completely severs all ties between the adopted child and the natural parents and effectively bars any right of the child to inherit from them. Cox v. Cox (S.C. 1974) 262 S.C. 8, 202 S.E.2d 6. Adoption 18; Adoption 21