Santee, SC asked in Family Law and Adoption for South Carolina

Q: My husband and I wanted to adopt an infant. We had an infant placed in our home through DSS in 2020.

The baby is a Safe Haven - Daniel's Law baby. The birth mothers name was on the birth certificate. The hospital made an error in placing the mothers name on the birth certificate. It's been a year and we are still waiting for a TPR and to adopt. Does the mother still have legal rights? Would getting a lawyer help expedite the adoption process for us?

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1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • Family Law Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: Until the mother's parental rights are terminated, she remains the child's legal parent. If the child is placed with you by DSS, then DSS has custody of the child. However, in many situations, you do not have to wait for DSS to file a TPR action; instead, you could file a private action to TPR and adopt with the help of your own attorney.

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