ADOPTIVE PARENTS v. BIOLOGICAL PARENTS

No. 24100.

446 S.E.2d 404 (1994)

Ex Parte ADOPTIVE PARENTS, Appellants/Respondents, v. BIOLOGICAL PARENTS, and Charleston County Department of Social Services, Respondents, Intervenor/Respondent. In re BABY BOY W., Respondent/Appellant.

Supreme Court of South Carolina.

Decided June 20, 1994.


Attorney(s) appearing for the Case

Desa A. Ballard, of Ness, Motley, Loadholt, Richardson & Poole, P.A., Barnwell; and Richard C. Bell, Charleston, for appellants/respondents Adoptive Parents.

Thomas P. Lowndes, Jr., Charleston, for respondents, Biological Parents.

Katrina L. Patton, of Charleston, guardian ad litem for appellant Baby Boy "W."

Tana G. Vanderbilt and N. Bruce Holland, Columbia, for intervenor/respondent South Carolina Dept. of Social Services.

Cameron B. Littlejohn, Jr., Columbia, for amicus curiae, South Carolina Atty. Gen.,

Susan L. Biro, of Scherr & Biro, Washington, DC; Dale Johnson, of San Antonio, TX; and James E. Thompson, of Spartanburg, for amicus curiae American Academy of Adoption.


TOAL, Justice.

This appeal arises from a family court order finding that "unusual and exceptional circumstances" were not present, pursuant to S.C.CODE ANN. § 20-7-1670(e) (Supp.1992), in an attempted adoption of a South Carolina infant by an out-of-state couple. We reverse and remand for a hearing de novo.

FACTS

The potential adoptive parents (hereinafter adoptive parents) are residents...

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