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Withdrawal of Consent or Relinquishment

By Russell W. Hall III on June 3, 2015
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“Withdrawal of any consent and relinquishment is not permitted except by order of the court after notice and opportunity to be heard is given to all persons concerned, and except when the court finds that the withdrawal is in the best interest of the child and that the consent or relinquishment was not given voluntarily or was obtained under duress or through coercion. Any person attempting to withdraw consent or relinquishment shall file the reasons for withdrawal with the family court. The entry of the final decree of adoption renders any consent or relinquishment irrevocable.” Section 63-9-350 of South Carolina Code of Laws, as amended

The long and short of signing a consent and relinquishment is that once signed, withdrawing it is very difficult. The burden is on the person withdrawing the consent to show the court that the withdrawal is in the best interest of the child and that it was not given voluntarily or was obtained under duress or through coercion. To help you understand the legal definition of duress, please review this blog post and this case.

  • Posted in:
    Family & Divorce
  • Blog:
    South Carolina Adoption Law Blog
  • Organization:
    The Law Office of Russell W. Hall III
  • Article: View Original Source

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