Can a stepparent adopt a child born out of wedlock in South Carolina?

Yes, a stepparent can adopt a child through the Family Court in South Carolina, including a child whose parents were never married. The petition is filed under South Carolina Code of Laws Title 63, Chapter 9, in the Family Court of your county. South Carolina has 46 counties.

What stays the same for any stepparent adoption:

• Residency: South Carolina has no minimum residency period for adopting (S.C. Code § 63-9-60(A)).
• Home study: It is waived in stepparent adoptions (S.C. Code § 63-9-1110(1)).
• Child's consent: The consent age is 14 (S.C. Code § 63-9-310).
• Paperwork: You file a Petition for Adoption, a financial affidavit, and your spouse's consent to the adoption, along with the court filing fee. The fee typically runs $150-$350.
• Hearing: You attend a final hearing in the Family Court.
• Timeline: Stepparent adoptions typically take 3-6 months.

Where a child's birth circumstances can matter: The other biological parent's rights are the part of the case that depends on your facts. South Carolina's abandonment period is 6 months (S.C. Code § 63-7-2570). The code also allows personal service on a parent, or service by publication if that parent's location is unknown. Several situations raise questions about that parent's role:

• The father is named on the birth certificate.
• The father is not named, and paternity was never established.
• The father is unknown.
• The father is known but disagrees with the adoption.

How South Carolina law treats each of these should be confirmed with the Family Court clerk in your county or with an attorney. This is especially true if the other parent might contest the adoption or cannot be identified. A lawyer can advise on your specific situation.

Helpful documents to gather: A copy of the child's birth certificate, which you can request from South Carolina DHEC Vital Records, shows what the record currently says about the other parent. Any court orders about custody or support are also worth having on hand. These help you describe your situation accurately, whichever path applies to you.

Who can start the process: You, as the stepparent, join with your spouse, who is the child's parent. Your spouse's written consent is part of the filing.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. We have helped 942 South Carolina families, and more than 34,000 families nationally since 2001. You answer questions online, and we prepare the complete court document package for your county.