What are South Carolina's adoption laws?

South Carolina adoption is governed by South Carolina Code of Laws Title 63, Chapter 9, and stepparent adoptions are heard in the Family Court of your county, with a process that is fairly straightforward. Here are the main points for you to know.

Court: Your petition is filed in the Family Court. South Carolina has 46 counties, and each one has its own Family Court clerk who can confirm local filing details.

Residency: South Carolina sets no minimum residency period before you can file (S.C. Code § 63-9-60(A)).

Child's consent: A child who is 14 or older is required to consent to the adoption (S.C. Code § 63-9-310).

Abandonment: When the other biological parent has had no contact for 6 months, that period is the one South Carolina law points to (S.C. Code § 63-7-2570). If the other parent is not agreeing to the adoption, or you don't know where they are, your situation depends on its facts. Please talk to the Family Court clerk or an attorney about that specific issue.

Termination of parental rights: South Carolina does not treat this as a separate proceeding for a stepparent adoption.

Home study: For stepparent adoptions the home study is waived (S.C. Code § 63-9-1110(1)).

What you typically file:

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

If the other parent must be notified, South Carolina allows personal service, or service by publication if their location is unknown. You then attend a final hearing, where the Family Court reviews your case.

Timeline and cost: A stepparent adoption typically takes 3-6 months. Total out-of-pocket cost is typically under $1,000 when you handle the paperwork yourself, compared with $3,000-$5,000+ when hiring an attorney. After the adoption, South Carolina DHEC Vital Records is the agency that handles birth records, and your clerk can explain how to request an updated certificate.

Adult adoption: South Carolina permits one adult to adopt another (S.C. Code Ann. § 63-9-1120).

• The statute sets no relationship condition and no age-gap condition.
• Written consents are filed with the court from the person being adopted (or that person's guardian), plus the spouse of a sole adoptive parent, if there is one.
• A home study is not required by statute, though the court may make whatever investigations it considers advisable.
• A hearing is required, and the court decides whether the adoption is in the best interests of the people involved.
• The petition is filed in the Family Court of the county where the adoptive parents live.
• Adult adoptions typically take 4-8 weeks.