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Can I adopt my stepchild in South Carolina if I was previously married to someone else?

2 min readHelping families since 2001South Carolina
In this answer · 1 sections

Yes. You can pursue a stepparent adoption in South Carolina after a previous marriage, because the South Carolina adoption provisions we work from do not list a prior marriage as a condition. If your own situation has unusual details, such as how an earlier marriage ended, the Family Court clerk in your county or an attorney can confirm how they apply to you.

Where your case is filed: Stepparent adoptions are heard in Family Court, and South Carolina has 46 counties, each with its own clerk. The clerk's office can tell you about local filing practices.

What the rules do focus on:

  • Residency: South Carolina sets no minimum residency period under S.C. Code § 63-9-60(A).
  • Spouse's consent: The usual filing includes a Petition for Adoption, a financial affidavit, your spouse's consent to the adoption, and the filing fee.
  • The child's consent: The child's consent age is 14, under S.C. Code § 63-9-310.
  • The other biological parent: South Carolina's abandonment period is 6 months under S.C. Code § 63-7-2570. Whether that applies depends on your family's facts. If the other parent is absent, unknown, or may object, talk to the clerk or an attorney about your specific situation.
  • Home study: A home study is waived in stepparent adoptions under S.C. Code § 63-9-1110(1).

Your earlier marriage and the paperwork: Your marital history is not a separate item on the list of what you file. Be accurate and consistent on every form, including names, dates and addresses. If a court document from an earlier marriage touches on this child, such as a custody or support order involving the child's other parent, keep a copy handy. The clerk can tell you whether it should be included.

Timeline and cost: A South Carolina stepparent adoption typically takes 3-6 months. Court filing fees typically run $150-$350, and the total cost is typically under $1,000 when you file without an attorney. Attorney-handled adoptions often run $3,000-$5,000+.

Why this matters for blended families: Many stepparents have been married before, and so have their spouses. A previous marriage does not make you any less a parent to the child you are raising now. Adoption is the legal step that makes that relationship official.

Stepparent adoption in South Carolina at a glance

Court
Family Court
Residency before filing
No minimum period
Typical timeline
3-6 months
Court filing fee
$150-$350
Child must consent at age
14
Home study
Usually waived for stepparents
South Carolina families we've helped
942

Full South Carolina guide →

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01Understand your situation

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02Check the state rules

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03Prepare with confidence

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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