South Carolina General Assembly
105th Session, 1983-1984

Bill 3580


                    Current Status

Bill Number:               3580
Ratification Number:       567
Act Number:                474
Introducing Body:          House
Subject:                   Child selling
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A474, R567, H3580)

AN ACT TO AMEND ARTICLE 11 OF CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS OFFENSES AGAINST THE PERSON, BY ADDING SECTION 16-3-1060 SO AS TO PROVIDE THAT NO PERSON MAY REQUEST OR ACCEPT ANYTHING OF VALUE AS CONSIDERATION FOR RELINQUISHING THE CUSTODY OF A CHILD FOR ADOPTION, PROVIDE THAT RELEASE OR TERMINATION OF PRIOR SUPPORT OBLIGATIONS MUST NOT BE CONSTRUED AS COMPENSATION OR ANY OTHER THING OF VALUE, PROVIDE FOR THE ASSESSMENT OF REASONABLE COSTS IF THEY ARE REIMBURSEMENTS FOR EXPENSES INCURRED OR FEES FOR SERVICES RENDERED, PROVIDE THAT THE ASSUMPTION BY A PROSPECTIVE ADOPTIVE PARENT OF CHILD SUPPORT OBLIGATIONS PREVIOUSLY ESTABLISHED BY COURT ORDER IS NOT PROHIBITED, AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF RECEIVING COMPENSATION FOR THE RELINQUISHMENT OF A CHILD FOR ADOPTION IN VIOLATION OF SECTIONS 16-3-1060, 20-7-1710, AND 21-21-20; TO AMEND SECTION 20-7-1710, RELATING TO THE CHILDREN'S CODE AND WRITTEN CONSENT FOR ADOPTION, AND SECTION 21-21-20, RELATING TO CUSTODY OF MINORS, SO AS TO FORBID A PARENT, GUARDIAN, AGENCY, OR LEGAL CUSTODIAN OF A CHILD TO RECEIVE ANYTHING OF VALUE AS CONSIDERATION FOR THE RELINQUISHMENT OF A CHILD FOR ADOPTION AND PROVIDE FOR THE ASSESSMENT OF INCIDENTAL COSTS IF THEY ARE REIMBURSEMENTS FOR EXPENSES INCURRED OR FEES FOR SERVICES RENDERED.

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

No person may accept fee, compensation, etc.

SECTION 1. Article 11 of Chapter 3 of Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1060. No person may request or accept any fee, compensation, or any other thing of value as consideration for relinquishing the custody of a child for adoption. Provided, however, release or termination of prior support obligations shall not be construed as compensation or any other thing of value within the meaning of this section. However, reasonable costs may be assessed if they are reimbursements for expenses incurred or fees for services rendered. This section does not prohibit the assumption by a prospective adoptive parent of child support obligations previously established by the order of any court.

Any person violating the provisions of this section or the provisions of Sections 20-7-1710 and 21-21-20 relating to the receipt of compensation for the relinquishment of a child for adoption is guilty of a felony and upon conviction or plea of guilty must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both, in the discretion of the court."

Crime declared felony

SECTION 2. In addition to the crimes classified as felonies in Section 16-1-10 of the 1976 Code, as last amended by Act 133 of 1983, the crime of receiving compensation for the relinquishment of a child for adoption in violation of Section 16-3-1060, as established in Section 1 of this act, or in violation of Sections 20-7-1710 and 21-21-20, is declared a felony.

Parent, guardian etc. may not receive fee etc.

SECTION 3. Section 20-7-1710 of the 1976 Code, as added by Act 71 of 1981, is amended by adding a paragraph at the end to read:

"Under no circumstances may a parent, guardian, agency, or legal custodian of a child receive a fee, compensation, or any other thing of value as consideration for the relinquishment of a child for adoption. However, incidental costs may be assessed if they are reimbursements for expenses incurred or fees for services rendered."

Further

SECTION 4. Section 21-21-20, as added by Act 398 of 1982, is amended by adding a paragraph at the end to read:

"Under no circumstances may a parent receive a fee, compensation, or any other thing of value as consideration for the relinquishment of a child for adoption. However, incidental costs may be assessed if they are reimbursements for expenses incurred or fees for services rendered."

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.