Legal Question in Family Law in South Carolina
Can an unmarried mother give up her child for adoption without the bio. father's
The mother is 19,pregnant, unmarried and is considering adopting out her child, although the father does not want her to. Does she need his concent? If she keeps it does the father have rights,(partial custody, visitation), if he does not petition for them? Once the mother gives birth is she considered to have full custody if the father does not petition? Thank you.
2 Answers from Attorneys
Re: Can an unmarried mother give up her child for adoption without the bio. fath
The general rule is "No, a an unmarried mother cannot give her child for adoption without the father's consent.
However, having stated the general rule, there are some exceptions. If the father has not lived with the mother for six months prior to giving birth; or has failed to acknowledge the child as his; or if the father has not made any significant contribution to the living expenses and or costs of birth including prenatal care, the consent may not be required.
Adoption is a complicated matter. You need to consult a family lawyer. The question is too general to be answered without an in person interview.
Re: Can an unmarried mother give up her child for adoption without the bio. fath
I forgot to tell you that the unmarried biological mother of a child enjoys a statutory presumption of custody unless she is an unfit mother.
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