What is the residency requirement for adoption in South Carolina?

South Carolina has no minimum residency period for adoption, so you do not have to live in the state for a set number of months before filing. The residency rule is in S.C. Code § 63-9-60(A), which refers to South Carolina residents but sets no waiting time.

What this means for you: If you and your family live in South Carolina, you are not waiting out a residency clock. Someone who moved here recently is not held to a months-long requirement. The Family Court clerk in your county can confirm how the court applies "resident" to your situation, such as a recent move or a spouse who lives elsewhere.

Where you file: Stepparent adoptions in South Carolina are handled by the Family Court. South Carolina has 46 counties, and each has its own court clerk. The clerk can tell you which county's court is the right one for your petition and what local filing steps they expect.

Adult adoption: If you are thinking about adopting an adult, S.C. Code Ann. § 63-9-1120 says the general residency rule in § 63-9-60 does not apply. The petition is filed in the Family Court of the county where the adoptive parents live. That suggests the adoptive parents live in South Carolina, but the statute does not say so in so many words, so confirm it with the clerk or an attorney if residency is a concern.

How residency fits with the rest of the process: Residency is usually one of the easier parts. The steps that take more time are:

• Consent: A child who is 14 or older has a consent role under S.C. Code § 63-9-310.
• Home study: For stepparent adoptions, the home study is waived under S.C. Code § 63-9-1110(1).
• Timeline: Stepparent adoptions in South Carolina typically take about 3-6 months from filing. Adult adoptions typically take about 4-8 weeks.

When to get individual help: Residency questions can get more complicated when parents live in different states, when a parent's location is unknown, or when a biological parent may contest. For those facts, ask the Family Court clerk in your county or a South Carolina family law attorney about your specific situation.

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 are delivered within 24-48 hours after you finish the questions. The price is $349 for the first child (or for one adult adoptee) and $99 for each additional child. We offer a 100% court acceptance guarantee and have helped 942 South Carolina families.