South Carolina Stepparent Adoption Guide 2026

The short answer: if you are married to your stepchild's parent and live in South Carolina, you can ask the Family Court to make you your stepchild's legal parent. South Carolina treats stepparent adoption as a simpler kind of adoption than most. And in most cases the father never signs a consent, and the judge approves the adoption anyway. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent. In South Carolina, six months of willfully not visiting, or six months of willfully not supporting the child, is one of the grounds the court uses.

Who Can File for Stepparent Adoption in South Carolina?

South Carolina's adoption code says it plainly: "Any person may adopt his spouse's child" (S.C. Code § 63-9-1110). Any South Carolina resident may petition to adopt (§ 63-9-60). Nonresidents can file here only in limited situations. Adoptions are heard by the Family Court.

The basics for a stepparent are:

• You are legally married to the child's parent.
• You live in South Carolina.
• The child is a minor. If your stepchild is already 18 or older, the adult adoption process is simpler still.

If you and your partner aren't married, whether a partner can adopt without a marriage depends on the state. Our South Carolina guide covers the options.

Why South Carolina Is Easier for Stepparents

The legislature gave stepparent and relative adoptions their own shortcuts in § 63-9-1110. In a stepparent adoption:

• No pre-adoption investigation or home study report is required unless the court directs one.
• No accounting of adoption expenses is required unless the court orders it.
• The usual 90-day wait between filing and the final hearing can be waived for good cause.

Together, these make a stepparent case far lighter than an agency or private-placement adoption.

Does the Other Parent Have to Consent?

This is the question South Carolina families ask us most, and the real-world answer is encouraging. When the other parent has dropped out of the child's life, you can move forward without his signature. Most of the families we work with do exactly that.

South Carolina's consent law (§ 63-9-310) does not require consent from a parent whose rights have been terminated. The Family Court can terminate a parent's rights on several grounds (§ 63-7-2570), and any interested party can ask it to (§ 63-7-2530). The grounds that fit most stepparent families are:

• Failure to visit: the child has lived outside that parent's home for six months, and during that time the parent willfully failed to visit.
• Failure to support: the child has lived outside that parent's home for six months, and during that time the parent willfully failed to support the child. The statute defines that as failing to make a "material contribution" to the child's care, in money or in necessities, according to the parent's means.
• Abandonment as South Carolina law defines it.

Only one ground is needed, along with a finding that the adoption is in the child's best interest.

If the Other Parent Agrees

Some parents are willing to sign. When they are, the signed consent is filed with your petition, and the case is usually quick.

If the Other Parent Has Passed Away

A certified death certificate takes the place of consent, and the case is usually simple.

What If I Don't Know Where the Other Parent Is?

You are not stuck. When a parent can't be found, the Family Court can allow notice by publication: a legal notice in a newspaper where the parent was last known to live. You'll make a reasonable search first (last known addresses, relatives, social media, public records) and keep notes of what you tried. If the parent doesn't respond by the deadline, the case goes forward. For families in this situation, publication is a routine step, not an obstacle.

Step 1: Gather Your Records

Step 2: Prepare and File Your Petition in Family Court

You file in the Family Court. Your petition explains who you are, who the child is, your marriage, and the other parent's situation: consent, death, or the grounds for ending his rights. Filing fees and certified-copy charges vary by county. Your county clerk can confirm the current amount.

Step 3: Give Notice to the Other Parent

A parent who hasn't signed a consent must be formally notified, either by personal service or, if he can't be found, by publication. Once notice is complete and his time to respond has passed, the court can move ahead.

Step 4: Attend the Final Hearing

South Carolina normally waits at least 90 days after filing before the final hearing. In a stepparent adoption, the court can waive that wait for good cause (§ 63-9-1110). The hearing itself is usually short. The judge confirms the requirements are met and that the adoption is in your child's best interest, then signs the final decree. Many families bring grandparents and take photos with the judge.

If your stepchild is over 14, South Carolina requires the child's own consent (§ 63-9-310), unless the court finds the child lacks the mental capacity to consent or that the child's best interests are served without it. Children who already see you as their parent are usually glad to give it.

Step 5: Get the Amended Birth Certificate

After the decree, the adoption is reported to the State Registrar of vital statistics (§ 63-9-790), and a new birth certificate can be issued showing you as the parent. If your child was born in another state, that state's vital records office issues the new certificate. Then update Social Security (if the name changed), school, medical and insurance records, and your will and beneficiary designations.

How Long Does It Take?

Many uncontested stepparent adoptions finish within a few months. The county court calendar, the time needed to notify the other parent, and any publication period set the pace. A consenting parent is the fastest route. Asking the court to waive the 90-day wait can shorten a stepparent case further.

What Does It Cost?

Item	What to expect
StepParent Adoption 360 document package	$349
Family Court filing fee	Set by the court; confirm with your county clerk
Service or newspaper publication	Varies by county and newspaper
Certified copies of the decree	Small per-copy charge from the clerk
Home study	Not required in a stepparent adoption unless the court directs one

See our stepparent adoption cost guide for more detail.

What Changes After the Adoption?

Under § 63-9-760, once the final decree is entered you have all the rights and duties of a parent, as if the child had been born to you. The other parent's rights end, and so does his duty to pay child support going forward (Child Welfare Information Gateway). Whether any back support he already owes can still be collected depends on South Carolina law and the terms of the existing order.

Frequently Asked Questions

Can I adopt my stepchild in South Carolina if the biological father has never been involved?

Yes, and it's one of the most common situations we see. If he willfully failed to visit, or willfully failed to support the child, for six months while the child lived outside his home, the Family Court can terminate his rights and approve your adoption without his consent.

What if we can't find the biological father?

You make a reasonable search, document it, and give notice by newspaper publication with the court's permission. If he doesn't respond by the deadline, the adoption goes forward.

Do I need a home study for a stepparent adoption in South Carolina?

Usually not. South Carolina law says the investigation and report normally required in adoptions are not required in a stepparent adoption unless the court directs otherwise (S.C. Code § 63-9-1110).

Does my stepchild have to agree?

If your stepchild is over 14, yes. South Carolina requires the child's consent unless the court finds the child lacks the capacity to consent or that the child's best interests are served without it.

Do I need a lawyer?

South Carolina doesn't require one for a stepparent adoption, and many families file with professionally prepared documents. If the other parent is actively fighting the adoption, that's the time to talk with a local family law attorney.

Will my stepchild get a new birth certificate?

Yes. After the decree, the adoption is reported to vital records, and an amended birth certificate can be issued listing you as the child's parent.

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: S.C. Code §§ 63-9-60, 63-9-310, 63-9-760, 63-9-790 and 63-9-1110 (South Carolina Adoption Act); S.C. Code §§ 63-7-2530 and 63-7-2570 (termination of parental rights); Child Welfare Information Gateway, "Stepparent Adoption" factsheet. Company figures (34,000+ families since 2001; about 80% of completed adoptions without the other parent's consent) are from our own records.