What are the adoption laws in South Carolina?

South Carolina adoption law is found in South Carolina Code of Laws Title 63, Chapter 9, and adoption cases, including stepparent adoptions, are handled by the Family Court in the county where you live. South Carolina has 46 counties, and each has its own Family Court.

Who can adopt: Under S.C. Code § 63-9-60(A), a South Carolina resident may adopt. There is no minimum residency period, so you do not have to live in the state for a set number of months before filing.

Stepparent adoption basics: South Carolina has a fairly straightforward process for stepparents. The paperwork generally includes:

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

Consent from the child: A child who is 14 or older has a consent role under S.C. Code § 63-9-310. If your stepchild is near that age, ask the clerk how the court handles it in your county.

The other biological parent: This is the part that most often decides how a case goes. South Carolina sets a six-month period relating to abandonment in S.C. Code § 63-7-2570. If the other parent is involved, objects, or cannot be found, the case depends on specific facts. Speak with the Family Court clerk or an attorney about that issue.

Notice to a parent: South Carolina allows personal service. If a parent's location is truly unknown, service by publication is allowed.

Home study: For stepparent adoptions, the home study is waived under S.C. Code § 63-9-1110(1). That saves both time and expense.

Final hearing and timeline: You attend a final hearing before the Family Court judge. A stepparent adoption typically takes 3-6 months.

Cost: Court costs plus document preparation usually come to under $1,000, compared with $3,000-$5,000+ when hiring an attorney for the whole process.

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

• The statute sets no relationship condition between the two people.
• The person being adopted (or that person's guardian) consents in writing, as does the spouse of a sole adoptive parent, if there is one.
• A hearing is required, and the court must find 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.
• The statute does not require a home study, though the court may make whatever investigations it considers advisable.
• Adult adoptions typically take 4-8 weeks.

Birth certificate: After the decree, you can request an updated birth certificate through South Carolina DHEC Vital Records. The Family Court clerk can tell you what to bring.

What to confirm locally: Local filing procedures, exact fees, and hearing scheduling can differ by county, so the clerk in your county is the best source for those details. If your situation is contested or involves an unknown parent, an attorney can advise you on that specific issue.

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 county. You then file it yourself without an attorney. Court-ready documents arrive within 24-48 hours after you finish the questions.