What are the requirements for stepparent adoption in South Carolina?

You can adopt your stepchild in South Carolina by filing a petition for adoption in the Family Court, with your spouse's consent, and by meeting the consent rules that apply to your child and the other biological parent. South Carolina has a straightforward stepparent adoption process under South Carolina Code of Laws Title 63, Chapter 9. Here is what to know.

Where you file: Your petition goes to the Family Court in your county. South Carolina has 46 counties, and each clerk's office can tell you about local filing details.

Residency: South Carolina sets no minimum residency period before you can file (S.C. Code § 63-9-60(A)). If you are unsure how to show where you live, the Family Court clerk in your county can confirm.

Paperwork: A typical filing includes:

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

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

The other biological parent: Whether that parent must consent, or whether abandonment applies, depends on your family's facts. South Carolina's abandonment provision refers to a period of 6 months (S.C. Code § 63-7-2570). If the other parent is not involved, is hard to locate, or may object, talk to the Family Court clerk or an attorney about your specific situation. Contested cases in particular call for legal advice.

Notice to the other parent: South Carolina allows personal service. If the other parent's location is unknown, it allows service by publication.

Home study: A home study is waived for stepparent adoptions (S.C. Code § 63-9-1110(1)), so you do not need to schedule one.

Final hearing: You attend a final hearing at the Family Court, where the adoption is finalized.

Timeline: Stepparent adoptions in South Carolina typically take 3-6 months.

Cost: The court filing fee is typically $150-$350, and the total cost is typically under $1,000 when you file without an attorney. Attorney-handled adoptions typically run $3,000-$5,000+.

If you are considering adopting an adult: South Carolina permits one adult to adopt another (S.C. Code § 63-9-1120). The adult being adopted consents in writing, and so does the spouse of a sole adoptive parent, if there is one. A hearing is required. These cases typically take 4-8 weeks.

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.