Can I adopt my stepchild if I'm in a same-sex marriage in South Carolina?

Yes, you can ask the South Carolina Family Court to approve a stepparent adoption of your stepchild if you are in a same-sex marriage. South Carolina's adoption law says "any South Carolina resident" may adopt (S.C. Code § 63-9-60(A)), and the steps below are the ones the state uses for stepparent adoptions. If your situation has complications, such as a contested case or an unknown parent, the Family Court clerk in your county or an attorney can confirm how the court handles it.

Where you file: Your petition goes to the Family Court in your South Carolina county. The adoption law is in South Carolina Code of Laws Title 63, Chapter 9.

Residency: South Carolina sets no minimum residency period under S.C. Code § 63-9-60(A). You do not need to wait a set number of months before filing.

What the paperwork includes:

• A Petition for Adoption
• A financial affidavit
• Your spouse's consent to the adoption
• The court filing fee, typically $150-$350 (your county clerk can confirm the exact amount)

Your stepchild's consent: If your stepchild is 14 or older, the child's consent comes into play under S.C. Code § 63-9-310.

The child's other legal parent: Whether this parent consents, is unknown, or is contested depends on your facts. South Carolina's abandonment period is 6 months under S.C. Code § 63-7-2570, but whether it applies to you is a question for the Family Court clerk or an attorney who can look at your specific situation.

Home study: South Carolina waives the home study in stepparent adoptions under S.C. Code § 63-9-1110(1). That removes a step that often adds time and cost.

Timeline and cost: Stepparent adoptions in South Carolina typically take 3-6 months. The total cost is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney to handle everything.