All Laws Decoded

Adopting a Child in South Carolina

Who can adopt in South Carolina, whose consent is needed, home studies, and how stepparent adoption works.

Short answer: Any South Carolina resident may petition the family court to adopt; nonresidents may adopt only in listed circumstances (for example a special-needs child, a relative placement, military stationed in the state, or when all required consents name the nonresident). S.C. Code Ann. §§ 63-9-40, 63-9-60, 63-9-310, 63-9-320, 63-9-520, 63-9-750

Adoption requirementsAny South Carolina resident may petition the family court to adopt; nonresidents may adopt only in listed circumstances (for example a special-needs child, a relative placement, military stationed in the state, or when all required consents name the nonresident). Consent or relinquishment is required from the adoptee if over 14 and from the parents (with specific rules for unmarried fathers based on support and contact), unless parental rights were terminated or another exception applies. A preplacement investigation of the adoptive home and a background investigation must be completed before placement, and a postplacement investigation before the final hearing. The court grants the adoption if, among other findings, the child has been in the petitioner's custody for 90 days and the adoption is in the child's best interest; the final hearing is generally held within six months of filing.
Stepparent adoptionAny person may adopt a spouse's child or a relative's child under a simplified process: no pre- or postplacement investigation or report is required and no accounting of disbursements is needed unless the court orders them, and for good cause the court may waive the 90-day waiting period before the final hearing. The other parent's consent or relinquishment is still required unless that parent's rights have been terminated or another statutory exception applies.

Where to get help in South Carolina

More South Carolina divorce & family law

FAQ

What are the requirements to adopt a child in South Carolina?
Any South Carolina resident may petition the family court to adopt; nonresidents may adopt only in listed circumstances (for example a special-needs child, a relative placement, military stationed in the state, or when all required consents name the nonresident). Consent or relinquishment is required from the adoptee if over 14 and from the parents (with specific rules for unmarried fathers based on support and contact), unless parental rights were terminated or another exception applies. A preplacement investigation of the adoptive home and a background investigation must be completed before placement, and a postplacement investigation before the final hearing. The court grants the adoption if, among other findings, the child has been in the petitioner's custody for 90 days and the adoption is in the child's best interest; the final hearing is generally held within six months of filing.
How does stepparent adoption work in South Carolina?
Any person may adopt a spouse's child or a relative's child under a simplified process: no pre- or postplacement investigation or report is required and no accounting of disbursements is needed unless the court orders them, and for good cause the court may waive the 90-day waiting period before the final hearing. The other parent's consent or relinquishment is still required unless that parent's rights have been terminated or another statutory exception applies.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.