Can both my spouse and I adopt each other's children from prior relationships in South Carolina?

Yes, in South Carolina each of you can pursue a stepparent adoption of your spouse's child, and the Family Court in your county handles those adoption petitions. This is often called a cross-adoption or mutual adoption. When it is finished, both of you would be the legal parents of the children in your blended family.

How it works in South Carolina

• You adopt your spouse's child, and your spouse adopts yours, each through the stepparent adoption process in Family Court.
• Each adoption starts with a Petition for Adoption, a financial affidavit, your spouse's written consent to the adoption, and the court filing fee.
• In a cross-adoption, each of you is both an adopting parent and the consenting spouse for the other's adoption.
• Whether the court wants separate filings or one combined filing is a local question. The Family Court clerk in your county can tell you how they prefer to receive them.

Key requirements to know

• Residency: South Carolina sets no minimum residency period under S.C. Code § 63-9-60(A).
• Child's consent: A child who is 14 or older must consent, under S.C. Code § 63-9-310.
• Home study: It is waived for stepparent adoptions under S.C. Code § 63-9-1110(1).
• The other biological parent: For each child, the other parent's situation matters. South Carolina's abandonment period is 6 months under S.C. Code § 63-7-2570. Whether a parent's absence meets that standard depends on the facts. If a parent is missing, unknown, or likely to object, talk with the Family Court clerk or an attorney about that specific child.

Timeline

Stepparent adoptions in South Carolina typically take 3-6 months. Your county's court calendar will affect the exact timing. You will also attend a final hearing, and the clerk can tell you how hearings are scheduled for more than one adoption.

Cost

Court filing fees in South Carolina generally run $150-$350. Handling the paperwork yourself, the total is typically under $1,000, compared with $3,000-$5,000+ for an attorney. Ask the clerk whether the fee applies to each petition or to a combined filing, since that affects your total.

After the adoption

Each adopted child can get an updated birth certificate through South Carolina DHEC Vital Records once the court enters the decree. Your clerk or the agency can explain how to request it.

A note on your situation

Every family is different.