Termination of Parental Rights in SC: Grounds & Process
Table of Contents
Frequently Asked Questions
What are the grounds for termination of parental rights in South Carolina?
SC Code § 63-7-2570 lists multiple grounds, including abuse or neglect, failure to remedy conditions, failure to visit or support the child for six months, abandonment, conviction of certain crimes, and the child being in foster care for 15 of 22 months.
Can a parent voluntarily terminate their parental rights in SC?
Not unilaterally. A parent can consent to an adoption, which terminates their rights upon finalization. But a parent cannot simply “give up” rights without a corresponding legal proceeding such as adoption.
How long does the TPR process take in South Carolina?
Contested TPR cases typically take 6 to 12 months or longer. Voluntary relinquishments connected to an adoption are generally faster.
Can termination of parental rights be reversed in South Carolina?
Generally no. Once parental rights have been terminated by court order and all appeal deadlines have passed, the decision is considered permanent. Courts treat termination of parental rights as one of the most serious actions in family law.
Termination of parental rights (TPR) is one of the most serious actions a court can take in family law. It permanently severs the legal relationship between a parent and child—ending all rights, duties, and obligations. In South Carolina, TPR is often a necessary step before an adoption can be finalized, particularly when a biological parent is unwilling or unable to consent.
Whether you are pursuing a stepparent adoption, working through the foster care adoption process, or handling a private placement, understanding the grounds and process for termination of parental rights in SC is essential. For a broader overview of adoption law, see our complete guide to adoption in South Carolina.
Key Takeaway: TPR in South Carolina requires clear and convincing evidence of specific statutory grounds under SC Code § 63-7-2570. It is a permanent, irreversible action that must be approved by a Family Court judge.
Voluntary vs. Involuntary Termination
Voluntary Relinquishment
A parent may voluntarily relinquish their parental rights in connection with an adoption. This is the most common scenario in private and agency adoptions. Under SC Code § 63-9-310, consent to adoption effectively terminates parental rights once the adoption is finalized.
Key points about voluntary relinquishment: – Consent cannot be given until the child is at least 24 hours old – Consent must be given freely, voluntarily, and with full understanding of its consequences – Once properly executed, the right to revoke consent is very limited – The court must still approve the termination as being in the child’s best interest
A parent cannot simply “sign away” their rights without a corresponding adoption or other court proceeding. South Carolina courts do not allow parents to unilaterally abandon their responsibilities.
Involuntary Termination
When a biological parent is unwilling to consent to adoption—or when the state determines that a parent is unfit—the court may proceed with involuntary termination of parental rights. This is an adversarial legal proceeding with significant due process protections.
Statutory Grounds for TPR in South Carolina
Under SC Code § 63-7-2570, a court may order termination of parental rights if it finds one or more of the following grounds by clear and convincing evidence:
1. Abuse or Neglect
The child has been harmed, or there is a substantial risk of harm to the child’s life, health, or physical safety. The parent has failed to provide adequate care despite available resources and services.
2. Failure to Remedy Conditions
The child was removed from the home due to abuse or neglect, and the parent has not remedied the conditions that caused the removal despite being given a reasonable amount of time and services.
3. Child in Foster Care for 15 of 22 Months
The child has been in foster care under the responsibility of the state for 15 of the most recent 22 months. Federal law (the Adoption and Safe Families Act) encourages TPR proceedings when this threshold is met.
4. Willful Failure to Visit
The parent has willfully failed to visit the child for a period of six months or more. The failure must be willful—meaning the parent had the ability to visit but chose not to.
5. Willful Failure to Support
The parent has willfully failed to support the child for six months or more. “Support” includes financial support, and the failure must be willful rather than due to inability.
6. Abandonment
The parent has abandoned the child. Abandonment is defined as leaving the child without making adequate provisions for the child’s care or without communicating with the child for a period that demonstrates an intent to forego parental responsibilities.
7. Conviction of Certain Crimes
The parent has been convicted of murder, voluntary manslaughter, or assault resulting in serious bodily injury of another child or the child’s other parent. Certain other severe criminal convictions may also qualify.
8. Mental Illness or Intellectual Disability
The parent has a diagnosed condition that renders them unable to provide minimally acceptable care, and the condition is unlikely to change within a reasonable time.
9. Prior Involuntary TPR
The parent’s rights to another child have been previously terminated involuntarily.
10. Conception as a Result of Criminal Sexual Conduct
The child was conceived as the result of criminal sexual conduct.
The TPR Process in South Carolina
Step 1: Filing the Petition
A TPR petition may be filed by: – The Department of Social Services (DSS) – A guardian ad litem – A foster parent (in some circumstances) – A prospective adoptive parent or their attorney
The petition is filed in Family Court and must identify the grounds for termination under SC Code § 63-7-2530.
Step 2: Notice to the Parent
The biological parent is entitled to notice of the TPR proceeding and the right to be heard. Notice must be served in accordance with SC Rules of Civil Procedure. If the parent’s whereabouts are unknown after diligent search, service by publication may be permitted.
Step 3: Appointment of Counsel and Guardian Ad Litem
South Carolina law provides that a parent facing involuntary TPR has the right to court-appointed counsel if they cannot afford an attorney. A guardian ad litem is also appointed to represent the child’s best interests.
Step 4: Evidentiary Hearing
The TPR hearing is a formal court proceeding before a Family Court judge. The petitioner must present clear and convincing evidence that: – At least one statutory ground for termination exists – Termination is in the best interest of the child
The parent has the right to present evidence, call witnesses, and cross-examine witnesses.
Step 5: Court Order
If the court finds that the grounds are established and TPR is in the child’s best interest, it issues an order terminating parental rights. This order is permanent and generally irreversible.
Once parental rights are terminated, the child is legally free for adoption.
If a parent or child lives outside South Carolina, additional jurisdictional issues may apply. Learn more about interstate adoption considerations in South Carolina.
TPR in the Context of Adoption
Termination of parental rights is a critical gateway to adoption in many cases:
- Stepparent adoption: If the non-custodial parent refuses to consent, the stepparent may need to pursue TPR based on grounds like failure to visit or support. Learn more in our stepparent adoption guide.
- Foster care adoption: Children in foster care often cannot be adopted until the biological parents’ rights have been terminated by the court or voluntarily relinquished.
- Private adoption: In most private adoptions, consent substitutes for formal TPR proceedings. However, if a birth father’s rights must be addressed, TPR may be necessary.
- Adult adoption: Adult adoption generally does not require termination of parental rights because the adoptee is already an adult. Learn more in our guide to adult adoption in South Carolina.
Get Experienced Legal Help with TPR in Columbia, SC
Termination of parental rights proceedings are high-stakes legal matters that require careful preparation and strong advocacy. Whether you are seeking TPR as part of an adoption or defending against a TPR petition, you need an attorney who understands the nuances of South Carolina family law.
At Warner Law, attorney Carrie Warner represents clients in TPR and adoption cases throughout Columbia, Richland County, Lexington County, and the greater Midlands region.
If your case involves adoption, you may also find our South Carolina adoption guide helpful for understanding how termination of parental rights fits into the larger adoption process.
Schedule a free consultation to discuss your case and understand your options.
This article is for informational purposes only and does not constitute legal advice. Every family law case is unique. Contact Warner Law to discuss your specific situation.
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My late father, Jan Warner, was an accomplished and widely known family law attorney and nationally syndicated author in South Carolina, so this area of law runs in my blood. It is all I have ever known, and I cannot imagine doing anything else.