Can I adopt my stepchild who was born in another country in South Carolina?

Yes. You can ask the South Carolina Family Court to approve a stepparent adoption of a stepchild who was born in another country, and you follow the same South Carolina steps. A few details tied to the foreign birth, such as documents and immigration questions, are worth confirming with the Family Court clerk in your county or an attorney.

Where and how it starts: You file a petition in Family Court in your county. South Carolina's process is governed by South Carolina Code of Laws Title 63, Chapter 9. The paperwork includes a Petition for Adoption, a financial affidavit, your spouse's consent to the adoption, and the filing fee.

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

Consent from the child: If your stepchild is 14 or older, their consent is part of the process under S.C. Code § 63-9-310.

The other biological parent: Where the child was born does not change the question of the other parent's role. If that parent lives overseas, you will need to know whether they will consent. South Carolina's abandonment period is 6 months under S.C. Code § 63-7-2570. Whether it applies to your family depends on your facts, so an attorney or the clerk can advise you on a contested case or a parent you cannot locate. South Carolina allows personal service on a parent, and service by publication if their location is unknown.

Home study: South Carolina waives the home study in stepparent adoptions under S.C. Code § 63-9-1110(1).

Documents tied to the foreign birth:

• Your stepchild's foreign birth certificate will likely be part of your paperwork. Ask the clerk whether the court wants an English translation or any other proof of identity or birth.
• For an updated birth record after the adoption, contact South Carolina DHEC Vital Records. They can tell you what they issue for a child born outside the United States.
• Immigration status and citizenship are separate from the Family Court adoption. If those questions matter for your child, talk with an immigration attorney.