There are many things to consider when looking at placing your child up for adoption. It’s a very difficult and emotional option. Some people considering adoption feel pressured by financial struggles. For some, relationship problems pressure them into considering adoption. These issues influenced a South Carolina couple in the case of Roe v. L.C. and X.C. They consented to the private adoption of their children. Soon after, they tried to revoke this consent. The case and its issue of adoption consent went to the SC Supreme Court.
The Case Facts
Nila Carter and ex-husband Mickey Carter had two young kids together. They experienced increasing financial and marital distress. As a result, they chose to put their kids up for adoption. It was a very emotional and difficult decision. They signed a consent decree for the adoption. John and Mary Roe were the adoptive family. Then, just eight days later, they filed a withdrawal to revoke consent. This was due to emotional duress. Then, they took many actions to revoke the consent. They appeared before and were denied by six family court judges during seven separate hearings. These judges denied their motions based on the unusual nature of the proceedings. However, none addressed the actual merits of their claims.
Ultimately, the case went to the Court of Appeals. The Court of Appeals affirmed the district courts’ decisions. The case then went to the SC Supreme Court. The SC Supreme Court reversed the Court of Appeals’ decision. So, why did they view the Carters’ case so differently?
The South Carolina Adoption Act
The South Carolina Supreme Court considered several issues in their decision. The SC Adoption Act was one of the most significant issues. Under this law, the state prohibits the withdrawal of adoption consent. However, it includes two exceptions. One, if the withdrawing party can prove the consent was involuntary. And two, if, after the court hears from all concerned parties, the court decides that withdrawal is in the child’s best interest. However, once an adoption is finalized, the law states that consent is irrevocable. So, the Carters’ motions were still pending. Meanwhile, the adoptive couple finalized the adoption. In accordance with the SC Adoption Act, they filed a motion for the Carters’ matter to be dismissed.
The SC Supreme Court said that for this rule to apply; the law requires the consent to be validly executed. The court said that because the family courts refused to address the Carters’ claim of invalidity, there was extrinsic fraud. Thus, they reversed the appellate court decision and sent the case back to the family court for a judge to rule on the merits of the Carters’ claim.
The Legal Hurdle of Withdrawing Adoption Consent
While adoption can be the right decision, it is still important to evaluate the adoption laws in your state. Laws such as the SC Adoption Act make it challenging to revoke adoption consent after it has been signed. Lengthy cases like Roe v. L.C. and X.C show this difficulty. Many types of family law cases come with stress and anxiety. However, having a lawyer to help guide you through the process can help alleviate some of your worries.