Jane and John Doe v. Travis Queen, John Roe (Fictitious Name), and Baby Boy Tanner, a Minor under the age of Seven (7) years, 347 S.C. 4

Summary

The Supreme Court of South Carolina held that the biological father's consent to adoption was required because he made sufficient prompt and good-faith efforts to assume parental responsibility under the circumstances. The court excused literal compliance with the statutory support requirement, reversed the Court of Appeals, and reinstated the family court's order denying the adoption and providing for transfer of custody to the father. A dissent would have affirmed the Court of Appeals.

Holdings

1. A biological father need not strictly comply with the statute's support requirement when extraordinary circumstances beyond his control prevent compliance and he otherwise makes sufficient prompt and good-faith efforts to assume parental responsibility.
2. Queen's consent to adoption was required because he demonstrated sufficient prompt and good-faith efforts to assume parental responsibility, making his failure to provide direct support or visitation insufficient to defeat his parental opportunity interest.
3. Queen's parental rights should not be terminated for failure to visit or support because the evidence showed that his failure was excused by the circumstances and that he made sufficient efforts to assume parental responsibility.

Questions Presented

1. Whether Queen made sufficient prompt and good-faith efforts to assume parental responsibility so that his failure to meet the literal support requirements of S.C. Code Ann. section 20-7-1690(A)(5)(b) could be excused.
2. Whether Queen's consent to the adoption was required despite his failure to provide direct monetary support or visitation.
3. Whether the family court properly declined to terminate Queen's parental rights for failure to visit and failure to support.

Disposition

reversed