Can my spouse adopt my child from a previous relationship in South Carolina?

Yes, your spouse can adopt your child from a previous relationship in South Carolina. This is called a stepparent adoption, and it is handled by the Family Court in the county where you live. South Carolina has 46 counties, and each one has its own Family Court.

What South Carolina requires

• Residency: South Carolina sets no minimum residency period for this adoption (S.C. Code § 63-9-60(A)). You do not have to wait a set number of months before filing.
• Home study: It is waived for stepparent adoptions (S.C. Code § 63-9-1110(1)), so you do not need to schedule one.
• Child's consent: The child's consent age is 14 (S.C. Code § 63-9-310). If your child is that age or older, ask the clerk how it applies to your case.
• Paperwork: The usual package includes a Petition for Adoption, a financial affidavit, and your spouse's consent to the adoption, plus the court filing fee.

The other biological parent

This is the part that depends most on your situation. South Carolina uses a 6-month abandonment period (S.C. Code § 63-7-2570). It can matter when the other parent has had no involvement. Whether it applies to your family depends on the facts. If the other parent's location is unknown, South Carolina allows service by publication. Otherwise, the parent is served personally. If the other parent is likely to object, or you are unsure how your situation fits, talk to the Family Court clerk in your county or an attorney about that issue.

How the process works

1. You prepare and file the petition and supporting documents with the Family Court in your county.
2. The other parent is served, by personal service or, if their location is unknown, by publication.
3. You attend the final hearing, where the court finishes the adoption.

Timeline and cost

A stepparent adoption in South Carolina typically takes 3-6 months. Court filing fees typically range from $150 to $350, and the total cost is typically under $1,000. Hiring an attorney for the whole process commonly runs $3,000-$5,000 or more.

If your child is already an adult

Adult adoption follows a different path under S.C. Code Ann. § 63-9-1120. An adult may be adopted by another adult, and the statute sets no relationship condition. The person being adopted must consent in writing, and a hearing is required.