South Carolina Adoption Laws
By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed September 24, 2024
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Adoptions make up some of a family's happiest moments. But several legal obstacles can make the process complicated. State laws govern the adoption process, including rules for who may adopt.
This article will discuss South Carolina adoption law including who may be adopted, who may adopt, and other important statutory requirements for adopting a child in the state of South Carolina.
Types of Adoption in South Carolina
In South Carolina, several adoption types are available. Each is managed through a South Carolina family court and kept confidential:
- Private adoption: Involves adopting a child when biological parents are absent. This is often facilitated by a stepparent, relative, or through a private adoption agency.
- Agency adoption: Conducted through licensed adoption agencies or child-placing agencies. Agency adoption includes public adoption from the foster care system and international adoption. International adoption is also known as foreign adoption.
- DSS/foster parent adoption: Involves children in foster care, with adoption handled by the Department of Social Services (DSS) or associated child-placing agencies.
- Contested vs. uncontested adoption: Biological parents can contest an adoption. If they consent or do not oppose it, the adoption is uncontested. For uncontested cases, parental rights may need formal termination.
South Carolina Adoption
The table below outlines the main South Carolina adoption laws.
| Code section | South Carolina Code Title 63: Children's Code, Chapter 9 |
|---|---|
| Who may be adopted | Any child in the state when the adoption petition gets filed (wherever they may have been born or lived) and any adult can get adopted. |
| Who may adopt | Any South Carolina resident may petition the family court to adopt a child. Non-residents may apply in exceptional circumstances, including:
|
| Age that child's consent needed | A child 14 and older must consent to the adoption unless the child doesn't have the mental capacity to give consent. |
| Home residency required before finalization of adoption | The adoptee must live with the petitioner for at least 90 days before the final hearing on the adoption. |
| State agency | The South Carolina Department of Social Services is the agency that provides adoption services to:
|
| Court | Local family courts. |
| Statute of limitations to challenge | After an adoption decree gets entered no party to the adoption or other person may question its validity due to irregularity, jurisdiction, or other reasons. But the court may grant relief after the adoption decree in the case of extrinsic fraud that induces a person not to present a case or deprives a person of the opportunity to be heard. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
South Carolina Adoption Process
In South Carolina, adopting a child involves a series of steps managed through the state's family courts.
Prospective adoptive parents must work with an adoption agency or child-placing agency and complete an adoption home study. A home study includes background checks and interviews conducted by a social worker. It also evaluates the suitability of the adoptive home and helps create an adoption plan.
Terminating the biological parents' rights is essential to finalize an adoption. The birth parents can voluntarily relinquish parental rights, or a judge can issue a court order. If the biological parents do not consent, the court must determine if their rights can get terminated to proceed with the adoption. This cab be because of abandonment or child abuse.
Following review and approval, the court will issue a final adoption decree. This legally formalizes the adoption and updates the adopted child's birth certificate.
Get Legal Help With an Adoption
Adoption can be a complicated process. Many state and federal laws govern adoption. An attorney will help you navigate these laws. They will review your case, provide helpful legal advice, and advocate for you and your future child. If you would like legal help with an adoption case, you can find an experienced South Carolina adoption attorney in your area.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
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