H 5096 General Bill, By Kirsh
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 20-7-1725 SO AS TO AUTHORIZE A PERSON CONSENTING TO THE ADOPTION OF THEIR
 CHILD TO SELECT THE PROSPECTIVE ADOPTIVE PARENTS, TO AUTHORIZE RELEASE OF
 CERTAIN DETAILED INFORMATION TO THE BIOLOGICAL PARENT OR GUARDIAN ON THE
 PROSPECTIVE ADOPTIVE PARENTS AND THEIR EXTENDED FAMILIES, AND TO PROVIDE THAT
 OTHER INFORMATION MAY BE EXCHANGED BETWEEN THE BIOLOGICAL AND PROSPECTIVE
 ADOPTIVE PARENTS; AND TO ADD SECTION 20-7-1815 SO AS TO AUTHORIZE ADVERTISING
 BY A PERSON WHO WISHES TO ADOPT A CHILD AND TO ESTABLISH CERTAIN REQUIREMENTS
 FOR SUCH ADVERTISING.

   04/11/02  House  Introduced and read first time HJ-4
   04/11/02  House  Referred to Committee on Judiciary HJ-4

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1725 SO AS TO AUTHORIZE A PERSON CONSENTING TO THE ADOPTION OF THEIR CHILD TO SELECT THE PROSPECTIVE ADOPTIVE PARENTS, TO AUTHORIZE RELEASE OF CERTAIN DETAILED INFORMATION TO THE BIOLOGICAL PARENT OR GUARDIAN ON THE PROSPECTIVE ADOPTIVE PARENTS AND THEIR EXTENDED FAMILIES, AND TO PROVIDE THAT OTHER INFORMATION MAY BE EXCHANGED BETWEEN THE BIOLOGICAL AND PROSPECTIVE ADOPTIVE PARENTS; AND TO ADD SECTION 20-7-1815 SO AS TO AUTHORIZE ADVERTISING BY A PERSON WHO WISHES TO ADOPT A CHILD AND TO ESTABLISH CERTAIN REQUIREMENTS FOR SUCH ADVERTISING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The 1976 Code is amended by adding:

    "Section 20-7-1725.    (A)    Notwithstanding any other provision of this chapter or any other provision of law, a person who is required to execute a consent or relinquishment for the purpose of adoption may select the prospective adoptive parent or parents if the child is:

        (1)    not in the custody of a child placing agency; or

        (2)    in the custody of a child placing agency and the agency has agreed to place the child with a prospective adoptive parent or parent selected by the parent or guardian of the adoptee.

    (B)    Notwithstanding Section 20-7-1780 or any other provision of law, the agency or individual conducting a preplacement investigation of prospective adoptive parents pursuant to Section 20-7-1740 , who agree to the selection process provided for in this section, may provide to a biological parent or guardian detailed information reflecting the prospective adoptive parents' financial account balances and detailed information about the prospective adoptive parents' extended family members, including surnames, names of employees, names of schools attended, and other similarly detailed information about extended family members.

    (C)    No provision of this subarticle may be construed to prevent, in an adoption conducted pursuant to this section, a parent or guardian of the child and the prospective adoptive parent or parents from authorizing an agency, or individual facilitating the placement of a child for adoption, to release information or from releasing information to each other that could reasonably be expected to lead directly to the identity of an adoptee, an adoptive parent of an adoptee, or an adoptee's placing parent or guardian. The consent to the release of identifying information must be in writing and signed before the adoption by a placing parent or guardian and the adopting parent or parents and acknowledged by an individual certified to take consents or relinquishments. This consent must be filed with the court at the time of the final hearing on the adoption petition."

SECTION    2.    The 1976 Code is amended by adding:

    "Section 20-7-1815.    (A)    Notwithstanding any other provision of law, a person may not be prohibited from advertising that the person desires to adopt a child. This section applies only to a person with current completed preplacement and background investigations conducted in accordance with this subarticle finding that person suitable to be an adoptive parent. The advertisement may be published only in a periodical or newspaper or on radio, television, cable television, or the Internet. The advertisement must include a statement that:

        (1)    the person has completed preplacement and background investigations conducted in accordance with this subarticle finding that person suitable to be an adoptive parent;

        (2)    identifies the name of the agency that completed the preplacement and background investigations: and

        (3)    identifies the date the preplacement and background investigations were completed.

    (B)    An advertisement under this section may state whether the person is willing to provide lawful expenses as permitted by this subarticle.

SECTION    3.    This act takes effect upon approval by the Governor.