Brown v. Harper

In this adoption case, we hold the execution of a consent to adopt document must strictly comply with section *47263-9-340 of the South Carolina Code (2010). We affirm the family court’s determination that the consent document signed by the birth mother was rendered invalid by (1) the failure of the attorney-witness to be present when the birth mother signed the document and (2) the failure of both witnesses to observe the statutorily-required discussion of the provisions of the consent to adopt document.1

I. Validity of the Consent to Adopt Document

“Adoption exists in this state only by virtue of…