Can a same-sex stepparent adopt in South Carolina?

Yes, a same-sex stepparent can adopt in South Carolina, and you follow the same Family Court process that every stepparent follows. The South Carolina steps under Title 63, Chapter 9 are not different for same-sex couples. They depend on your family's circumstances, not on whether you are a wife adopting your wife's child or a husband adopting your husband's child.

What the process looks like:

• Court: You file a petition for adoption in the Family Court in your county. South Carolina has 46 counties.
• Residency: There is no minimum residency period. The statute, S.C. Code § 63-9-60(A), refers to South Carolina residents.
• Spouse's consent: The paperwork includes your spouse's consent to the adoption, along with a financial affidavit and the petition.
• Child's consent: The consent age is 14, under S.C. Code § 63-9-310.
• Home study: It is waived for stepparent adoptions under S.C. Code § 63-9-1110(1).
• Final hearing: You attend a hearing at the end of the process.
• Timeline: A stepparent adoption typically takes 3-6 months.

The other legal parent: In many families the other parent consents. If that parent will not or cannot, South Carolina's abandonment period is 6 months under S.C. Code § 63-7-2570. Whether it applies depends on your facts. This matters in situations such as a prior relationship, an unknown parent, or a contested case. For those, ask an attorney or the Family Court clerk in your county about your specific situation.

If you are not married to the child's parent: The steps above are for a stepparent, meaning the spouse of the child's parent. If you are unmarried and want to adopt as a second parent, South Carolina law on that point should be confirmed with the Family Court clerk or an attorney before you file.

Birth certificate: After the adoption, ask the clerk how to request an updated birth certificate through South Carolina DHEC Vital Records.

Cost: Court filing fees typically range from $150 to $350. A stepparent adoption in South Carolina typically costs under $1