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ABERNATHY v. BABY BOY

No. 23911.

437 S.E.2d 25 (1993)

Gary Wesley ABERNATHY and Cindy Moore Abernathy, Plaintiffs, v. BABY BOY, Born January 25, 1992, Defendant. Mitchell F. CALVERT, Natural Father, Third Party Plaintiff, Respondent, v. Gary W. ABERNATHY, Cindy Abernathy, and Julie Ayers, Third-Party Defendants, Appellants.

Supreme Court of South Carolina.

Decided August 9, 1993.

Attorney(s) appearing for the Case

Randall M. Chastain, Columbia, and Sally Anna King, Charleston, for appellants Gary W. Abernathy and Cindy Abernathy.

Susan K. Dunn, Charleston, for appellant Julie Ayers.

Glenn F. McConnell and Angela Mulholland, North Charleston, for respondent.

Jason A. Kauser, Charleston, guardian ad Litem.

HARWELL, Chief Justice:

This is an action for termination of parental rights and adoption of a child conceived out of wedlock by respondent Mitchell F. Calvert (Mitchell) and appellant Julie Ayers (Julie). The trial judge determined that Mitchell possessed a right to refuse consent to the proposed adoption of the child, and granted custody of the child to Mitchell. We affirm.

I. FACTS

Mitchell and Julie were on active duty in the Navy when...

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