Section 63-9-730 identifies persons entitled to notice of adoption proceedings. It indicates the following would be entitled to notice:
He can have such input as his marital status, interactions with the birth mother and affirmative actions to protect any parental rights might allow. Obviously, a father whose consent is required may have more influence in the selection of the adoptive parents than a father whose consent is not required.
Effective July 1, 2010, South Carolina's Responsible Father Registry became operational. There is no cost to register, but only a registrant father may file a claim. The claim must be mailed in and must be filed before the date of a petition for termination of parental rights has been filed and before an adoption petition has been filed. A claim filed after these dates is void. The form must be signed by the registrant father. The registration form is available at the Social Security Administration.
Ultimately, Notice of Adoption Proceedings is served on him if he is entitled to notice.
If his consent is not required under S. C. Code Ann. §63-9-310 (Cum. Supp. 1992), then the mother can refuse to name him and a proper "John Doe" publication will be sufficient. See Evans v. Department of Social Services, 399 SE2d 156 (1990).
A legal or presumptive father is the legal husband of a birth mother at the time of birth. A named birth father is a person named by the birth mother as the genetic father of a child. A presumptive father's rights can be terminated by proving to the satisfaction of the Court that he is not the genetic father of the child or through the presumptive father's consent or for any of the first ten reasons set forth in § 63-7-2570.
An affidavit setting forth diligent efforts to locate a known birth father must accompany any complaint to allow service by publication. The affidavit typically indicates that diligent inquiries have been made at the birth father's last known address, last known place of employment, attempts made to contact him at all known phone numbers and through all known relatives. Affidavits also often include language that common known databases have been searched to no avail. The Responsible Father Registry took effect in July, 2010 The registry should be contacted as part of a diligent effort to find birth fathers. The Registry should be searched on the day the Complaint For Adoption is filed, but may be searched prior to the date of filing the Complaint for Adoption as well.