We divorced and remarried — can my spouse adopt my child now in South Carolina?

Yes, you and your spouse can pursue a stepparent adoption of your child through the Family Court in South Carolina, and an earlier divorce between the two of you is not listed among the state's requirements. If you have questions about how a past divorce or its paperwork might matter in your own case, the Family Court clerk in your county or an attorney can confirm that for your situation.

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

Where you file: The Family Court in your South Carolina county. There are 46 counties, and each clerk's office can tell you about local filing details.

What you will typically prepare:

• A Petition for Adoption
• A financial affidavit
• Your spouse's consent to the adoption
• The court filing fee, typically in the range of $150-$350

The other biological parent: If the other parent is not consenting, South Carolina addresses abandonment in S.C. Code § 63-7-2570, which uses a six-month period. Whether that applies depends on the facts. If the other parent cannot be found, service by publication is allowed when their location is unknown. For a contested case or an unknown parent, talk with the clerk or an attorney about your specific facts.

Your child's consent: A child who is 14 or older has a consent role under S.C. Code § 63-9-310. If your child is younger than 14, the clerk can tell you how the court handles that.

Home study: It is waived for stepparent adoptions under S.C. Code § 63-9-1110(1), which removes a step that can slow other adoptions.

The final hearing: After you file and the other parent has been notified or served, you attend a final hearing in the Family Court. Stepparent adoptions in South Carolina typically take about 3-6 months.

Cost: The total typically comes to under $1,000 when you prepare and file the paperwork yourself. Hiring an attorney for the same process often runs $3,000-$5,000+.

Why a divorce history does not have to be a worry: Many blended families have had complicated paths. Your petition is about your family as it is now: you, your spouse, and your child.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your South Carolina county. You then file it yourself, without an attorney. The price is $349 for the first child and $99 for each additional child, and your court-ready documents are delivered within 24-48 hours after you finish the questions. We back this with a 100% court acceptance guarantee, and we have helped 942 South Carolina families.