Can I adopt my stepchild if I'm currently pregnant in South Carolina?

Yes, you can move forward with a stepparent adoption in South Carolina while you're pregnant. The process runs through the Family Court in your county, and pregnancy doesn't change any of the steps below. If you have a question about how your due date fits with your court dates, the Family Court clerk in your county can help with scheduling.

What South Carolina asks of you:

• Residency: There is no minimum length of residency before you can file (S.C. Code § 63-9-60(A)).
• Court: You file in Family Court. South Carolina has 46 counties, and your documents need to match the county where you file.
• Paperwork: The filing typically includes a Petition for Adoption, a financial affidavit, your spouse's consent to the adoption, and the filing fee.
• Home study: It is waived for stepparent adoptions (S.C. Code § 63-9-1110(1)).
• Final hearing: You attend a final hearing at the end of the process.

Consent from your stepchild and the other parent:

• South Carolina sets a child consent age of 14 (S.C. Code § 63-9-310). If your stepchild is 14 or older, they sign their own consent.
• In most stepparent adoptions the other parent 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.
• South Carolina uses a 6-month period for a parent who has stopped visiting or supporting the child (S.C. Code § 63-7-2570). Write down the last visit and the last payment.
• A parent who can be found is served personally; a parent who can't be found is served by publication, a routine step. If the other parent is actively contesting, that is the time to talk with a local attorney.

Timing around your due date:

• Many uncontested adoptions finish within a few months, so starting now gives you more room to plan around your due date.
• Ask the clerk in your county how hearings are scheduled and whether you can request a particular timeframe if your baby may arrive close to the hearing date.
• Pregnancy does not change the paperwork above, so you can complete it at your own pace and plan the hearing around your family's needs.