As used in this article unless the context requires otherwise:

(1) "Adoptee" means a person who is proposed to be or who has been legally adopted.

(2) "Adoption" means the judicial act of creating the relationship of parent and child where it did not exist previously.

(3) "Adoptive parent" means an adult who has become a parent of a child through the legal process of adoption.

(4) "Child" means any person under eighteen years of age.

(5) "Child placing agency" or "agency" means the State Department of Social Services and any person or entity who holds legal or physical custody of a child for the purpose of placement for adoption or a person or entity who facilitates the placement of children for the purpose of adoption. For the purposes of this subsection, a person or entity who offers services for compensation where the intent of those services is to arrange or secure adoptions must be considered "facilitating the placement of children for adoption", whether those services constitute counseling, referrals, searches, or any other form of adoption services. However, an attorney engaged in the practice of law who represents a client in an adoption or who otherwise facilitates an adoption in the course of that practice is exempt from this definition.

(6) "Consent" means the informed and voluntary release in writing of all parental rights with respect to a child by a parent for the purpose of adoption, or the informed and voluntary release in writing of all custodial or guardianship rights, or both, with respect to a child by the child placing agency or person facilitating the placement of the child for adoption where the child's parent previously has executed a relinquishment to that agency or person.

(7) "Court" means any family court in this State.

(8) "Relinquishment" means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to a child placing agency or to a person who facilitates the placement of a child for the purpose of adoption and to whom the parent has given the right to consent to the adoption of the child.

(9) "South Carolina resident" means a person who has established a true, fixed principal residence and place of habitation in this State, and who intends to remain or expects to return upon leaving without establishing residence in another state. Temporary absences for short periods of time do not affect the establishment of residency.

(10) "Special needs child" means children who fall into one or more of the following categories:

(a) children who are members of a sibling group;

(b) children of mixed racial heritage;

(c) children aged six or older; or

(d) children with physical, mental, or emotional disabilities.

HISTORY: 2008 Act No. 361, Section 2.