As adoption lawyers in Charleston, South Carolina, we help families adopt children. Adoption is one of the most rewarding cases we handle, but the process is technical, and a mistake can delay the case or leave the adoption open to challenge.
In this article, we explain what you need to know about adoption in South Carolina, including the types of adoptions, SC’s adoption laws, the adoption process, the cost, and more. So how does adoption work in South Carolina?
Quick Answer: Adoption in South Carolina is a family court case that creates a parent and child relationship. The adoptive parent files a petition, obtains any required consents or asks the court to terminate a biological parent’s rights, completes the required investigations, and gives required notice. The court appoints a guardian ad litem for the child, and at the final hearing, the judge decides whether the adoption is in the child’s best interests and issues a Decree of Adoption.
Table of Contents
- What Is Adoption in South Carolina?
- What Are the Types of Adoption in South Carolina?
- Who Can Adopt a Child in South Carolina?
- Where Do You File for Adoption in South Carolina?
- What Must an Adoption Petition Include in South Carolina?
- Whose Consent Is Required for an Adoption in South Carolina?
- Who Must Receive Notice of an Adoption in South Carolina?
- What Is the Responsible Father Registry in South Carolina?
- What Does a Guardian ad Litem Do in an Adoption?
- What Investigations and Reports Are Required in a South Carolina Adoption?
- Is Mediation Required in a South Carolina Adoption Case?
- What Happens at the Final Adoption Hearing in South Carolina?
- Are Adoption Records Confidential in South Carolina?
- How Much Does an Adoption Cost in South Carolina?
- How Long Does the Adoption Process Take in South Carolina?
- Can a Biological Parent Revoke Consent to an Adoption in South Carolina?
- Can You Change the Child’s Name in an Adoption in South Carolina?
- Can You Amend a Child’s Birth Certificate After an Adoption in South Carolina?
- What About DSS and Foster Care Adoptions in South Carolina?
- What About Agency Adoptions in South Carolina?
- How Can a Charleston Adoption Lawyer Help?
What Is Adoption in South Carolina?
The South Carolina Adoption Act defines “adoption” as “the judicial act of creating the relationship of parent and child where it did not exist previously.” The Act states that its purpose is to establish fair and reasonable procedures for the adoption of children and to provide for the well-being of the child.
The Act recognizes the needs and interests of both biological and adoptive parents. However, when a child’s interests conflict with an adult’s, the court must resolve the conflict in the child’s favor. South Carolina residents may petition to adopt a child. Nonresidents may also petition in specified circumstances, including when the child is to be placed with a relative, all required consenting parties specifically consent to adoption by the nonresident, or unusual or exceptional circumstances make the adoption in the child’s best interests.
What Are the Types of Adoption in South Carolina?
Adoption in South Carolina comes in different forms. Adoptions are filed in the family court, and the records are confidential to protect the identities of the children, parents, and adoptive parents. The most common types of adoptions are private adoptions (often by a stepparent or relative), agency adoptions, and DSS or foster parent adoptions. The following table summarizes them:
| Type of Adoption | Who Typically Adopts | Things to Know |
|---|---|---|
| Stepparent adoption | A stepparent married to the child’s parent | Investigations and reports are not required unless the court directs otherwise; certain other requirements may also be waived |
| Relative adoption | A grandparent, aunt, uncle, adult sibling, or other relative by blood or marriage | Investigations and reports are not required unless the court directs otherwise; certain other requirements may also be waived |
| Agency adoption | Adoptive parents working with a child-placing agency | The agency typically places the child and must consent if the child was relinquished to it |
| DSS or foster care adoption | Foster parents or others approved by DSS | Usually follows the termination of the biological parents’ rights |
Private adoption in South Carolina often occurs when someone wants to adopt a child after one or both parents have been absent from the child’s life. Sometimes, a stepparent wants to adopt when the biological parent has been absent. Other times, a grandparent, aunt, uncle, or adult sibling may want to adopt when the parents cannot overcome difficulties that prevent them from giving the child the life the family member could.
In a stepparent adoption or an adoption by a relative by blood or marriage, the usual investigations and reports are not required unless the court directs otherwise. The court may also order an accounting of payments and, upon good cause shown, waive certain requirements concerning the timing of the final hearing. These provisions also apply to children in DSS custody and guardianship placed with relatives or fictive kin for adoption.
Adoption in South Carolina can also be contested or uncontested. In a contested case, one or both of the biological parents oppose the adoption. In an uncontested case, any parent giving up his or her parental rights either signs a consent or relinquishment or fails to respond after receiving legally required notice. A parent’s failure to respond does not by itself replace a required consent or terminate parental rights.
If that parent’s consent is required and has not been given, you may need to take an extra step to terminate parental rights. Adults can be adopted, too, as we explain in our article on whether adults can be adopted in South Carolina.
Who Can Adopt a Child in South Carolina?
Any South Carolina resident may petition the family court to adopt a child. Nonresidents may petition in specified circumstances, including a placement with a relative, adoption of a special needs child, a qualifying military connection, consent specifically to the nonresident adoption from everyone whose consent is required, or unusual or exceptional circumstances. Placements across state lines must comply with the Interstate Compact on the Placement of Children when applicable.
Single people and married couples can adopt. In addition, prospective adoptive parents should expect the following, subject to any applicable exception:
- Investigations: Unless an exception applies, complete a preplacement investigation and background investigation before placement, and a postplacement investigation after the petition is filed. The court may permit placement before the initial investigations are completed upon good cause shown.
- Background checks: Criminal background and abuse and neglect registry checks may be required as part of an agency’s, DSS’s, or other applicable placement or approval process.
- Fitness: The court must find that the adoptive parents are fit and proper people, able to care for the child, and able to provide for the child’s welfare.
- Agency requirements: Agencies may impose additional requirements, such as adoption education or training hours.
- Consent: Consent is typically required from the child’s biological parents unless their rights have been terminated or an exception applies, and from the child if the child is over 14, unless the court finds the child lacks the mental capacity to consent or that not requiring consent serves the child’s best interests.
Where Do You File for Adoption in South Carolina?
South Carolina residents may bring an adoption case in the family court of the county where the adoptive parent lives or is in military service, or in the county where the child lives or was born. Nonresidents must file in the county where the child lives or was born or where the agency having custody of the child is located.
What Must an Adoption Petition Include in South Carolina?
Parents attempting an adoption in South Carolina must start the case by filing a petition in the family court of the appropriate county. The Adoption Act lists various requirements that must be contained in the petition. If it is necessary to terminate the parental rights of a biological parent, that request can be made in the same case. Any prior orders regarding the custody, support, or visitation of the child known to the petitioner must also be disclosed.
The petition generally must be filed within 60 days after the child is placed in the petitioner’s home for adoption. The required consents or relinquishments, preplacement and background investigation reports, and a statement of payments made within the past five years or agreed to be made in connection with the adoption must be filed with the petition or later upon good cause shown, subject to applicable exceptions and the separate accounting rules. A petitioner may use fictitious names where necessary if the court finds service or notice sufficient.
Whose Consent Is Required for an Adoption in South Carolina?
In many cases, the consent (also called a “relinquishment” when given to an agency or person facilitating placement) of the biological parents and, in some cases, the child is required. The following table summarizes who must consent:
| Person or Agency | When Consent Is Required |
|---|---|
| The child | If the child is over 14, unless the court finds that the child lacks the mental capacity to consent or that not requiring consent serves the child’s best interests |
| Both parents | The parents or surviving parent of a child conceived or born during the parents’ marriage, unless an exception applies |
| The mother | If the child was born when the mother was not married, unless an exception applies |
| The unmarried father | If he meets statutory criteria that depend in part on whether the child was placed more than six months after birth or within six months after birth |
| Guardian, custodian, or agency | A guardian, custodian, or child-placing agency in specified circumstances when authority to consent has legally vested in them; an agency or person facilitating placement if the child was relinquished to it or that person |
If consent cannot be obtained, we must take additional steps. In some cases, we have to ask the court to terminate a biological parent’s parental rights, which can be done for various reasons. Exceptions to the consent requirement also exist in some cases, such as when the court makes the required findings concerning a parent’s mental incapacity or when the child was conceived as a result of that parent’s criminal sexual conduct or incest, subject to statutory conditions.
A consent or relinquishment has statutory requirements. It generally must be witnessed by two people, one of whom must be a South Carolina family court judge, a South Carolina attorney who does not represent the adoptive parents, or a person certified by DSS; special rules apply to documents signed outside South Carolina. The witnesses must attest that the document was discussed with the person giving consent and that, in their opinion, it is being given voluntarily and not under duress or coercion. You must give a copy to the person signing at the time of signing.
Who Must Receive Notice of an Adoption in South Carolina?
The rules regarding who must be notified of an adoption in South Carolina are complicated. The SC Adoption Act requires notice for certain people, including a father on the birth certificate, a father registered with the Responsible Father Registry, a person adjudicated to be the father, and certain people whose consent is required but cannot be obtained. Generally, notice is not required for a person who has given consent or relinquishment or whose parental rights have already been terminated.
The Act also contains an exception to notice when the child was conceived as a result of criminal sexual conduct or incest.
At times, the Adoption Act did not seem to require notice, but at the final hearing, the judge did not allow the case to proceed and ordered the attorney to provide notice to a biological parent. It often makes sense to evaluate notice carefully in advance and, when appropriate, provide notice and request termination of parental rights. Whether notice or termination is necessary depends on the facts and the statutory requirements.
If a person entitled to notice receives the required notice and fails to file a written response within thirty days, the statute treats the failure as consent to the adoption and a forfeiture of that person’s rights and obligations with respect to the child.
What Is the Responsible Father Registry in South Carolina?
Many states have registries for unmarried biological fathers to enter their information and protect their rights. A more general term is “putative father registry.” In South Carolina, it is called the Responsible Father Registry.
Filing a paternity claim with the Registry does not establish paternity by itself, but a timely claim protects the registrant’s right to notice of adoption or termination of parental rights proceedings. A claim filed on or after the petition is filed is null and void. If an unmarried biological father does not file a claim, he generally waives his right to notice, unless he is otherwise entitled to notice under the Adoption Act. If a father registers and later moves but fails to update his address, he waives the notice rights arising from registration.
The Registry is not open to the public. An attorney assisting in an adoption or termination of parental rights case may request a search. If the search shows no paternity claim, DSS issues a certificate of diligent search, which the attorney must file with the court within ten days after receiving it. A claim of paternity can be revoked, and knowingly, maliciously, or in bad faith filing a false claim is a crime.
What Does a Guardian ad Litem Do in an Adoption?
A Guardian ad Litem (also called a “GAL”) must be appointed by the court before any hearing on the adoption or a related matter, even if the case is uncontested. The GAL represents the child’s interests, may investigate the circumstances of the adoption, and report to the court; the GAL may also testify at hearings. The GAL’s fees are separate from other case costs and are often paid by the adoptive parents. Our article on what a guardian ad litem does in a South Carolina family court case explains this role in more detail.
What Investigations and Reports Are Required in a South Carolina Adoption?
Adoption cases require various investigations and reports unless an exception applies or the court directs otherwise. These investigations are often referred to as a “home study.” They include a preplacement investigation, a background investigation, and a postplacement investigation. The following table summarizes each one:
| Investigation | When It Happens | What It Covers |
|---|---|---|
| Preplacement investigation | Before the child is placed in the home, unless the court permits earlier placement for good cause or an exception applies | Whether the home is suitable, the adoptive parent’s maturity, finances, health, relationships, and any involvement in proceedings concerning neglected, abandoned, abused, or delinquent children |
| Background investigation | Before placement, unless the court permits earlier placement for good cause or an exception applies | The medical history of the biological family and the child’s medical and developmental history, without disclosing the biological parents’ identities |
| Postplacement investigation | After the petition is filed, unless an exception applies | How the placement is progressing, whether the child wants to be adopted if of appropriate age and mental capacity, and whether adoption is in the child’s best interests |
The preplacement report must state whether the home is suitable for the placement of a child and whether the adoptive parent is approved for placement. It must also reveal whether the adoptive parent has been involved in a proceeding concerning allegedly neglected, abandoned, abused, or delinquent children. If more than one year passes after completion of the preplacement report before the child is placed, the report must be updated before placement.
The postplacement report must review and, where indicated, investigate the allegations of the petition, evaluate the progress of the placement, and state whether the child, if of appropriate age and mental capacity, wants to be adopted. Criminal background checks may also be required in a particular placement or approval process.
The required investigations must be performed by a person authorized to conduct adoption investigations. DSS maintains a list of certified investigators. We recommend consulting with an adoption attorney before ordering the home study!
Is Mediation Required in a South Carolina Adoption Case?
Court rules require mediation for contested issues in many family court domestic relations cases, but an uncontested adoption does not automatically require mediation. Whether mediation is required in a contested adoption depends on the applicable rules and any court order; DSS-initiated family court cases are exempt from mandatory ADR under the court-annexed ADR rule. When mediation is required, the court may grant an exemption for good cause.
What Happens at the Final Adoption Hearing in South Carolina?
Timing rules govern when the final hearing may be held. Generally, it must be held within six months after the petition is filed, or within twelve months for a special needs child, unless the court extends the time for good cause. At this hearing, the family court judge will ensure we have met all procedural requirements and that the adoption is in the child’s best interests. The judge will make sure that:
- the child has been in the custody of the adoptive parents for at least 90 days, unless the court finds good cause to modify the timing requirement;
- all necessary consents or relinquishments have been obtained, or the court has determined that consent is not required;
- notice was given to all required parties and any resulting hearing has been held;
- any disbursements made in connection with the adoption are reasonable;
- any required investigations and reports have been completed;
- the adoptive parents are fit and proper people and able to care for the child and provide for the child’s welfare;
- the adoptive parents desire to establish a parent and child relationship;
- a Guardian ad Litem has been appointed for the child;
- the adoption serves the best interests of the child; and
- if the adoptive parents are nonresidents, the court has made the required findings and the Interstate Compact on the Placement of Children has been followed.
Unless an exception applies, the adoptive parents must also provide the court with an itemized accounting of anything of value paid, agreed to be paid, or anticipated to be paid for expenses or services in connection with the adoption. The petitioner must verify the accounting under penalty of perjury.
The court may hear testimony from the adoptive parents, the GAL, the child in limited instances, and any other necessary witnesses. If the court is satisfied that the adoption is appropriate, it will enter its findings in a written Decree of Adoption. A Certificate of Adoption is then transmitted to the State Registrar of Vital Statistics under procedures that differ for agency and other adoptions so the birth record can be updated.
After the final decree of adoption is entered, the adoptive parent and child have all the rights, duties, and other legal consequences of the natural relationship between parent and child. The biological parents are relieved of parental responsibilities and have no further rights relating to the child, except where the final decree expressly leaves a biological parent’s rights and responsibilities unaffected, as may occur for the parent married to the adoptive parent in a stepparent adoption.
Are Adoption Records Confidential in South Carolina?
Yes. Adoption hearings are generally closed to people not involved in the case, unless the court orders otherwise. Records filed with the Clerk of Court are confidential from the time of filing and are sealed after the final decree. Access to those records requires a court order for good cause.
Adoption agencies may provide limited, nonidentifying information to the parties. This can include medical histories of the biological parents, grandparents, and siblings, and general family background without names or geographic information. In some cases, an adult adoptee who is at least 21 years old may learn the identity of a biological parent through the public adoption agency if both have provided the required written affidavits and the other statutory conditions are met.
Separately, an adoptee who is at least 18 and was born in South Carolina may request a copy of the original birth certificate under specified conditions, including consent from a biological parent or proof that the parent is deceased; information about a biological parent who has not consented and is not certified deceased must be redacted.
How Much Does an Adoption Cost in South Carolina?
The cost of adoption varies depending on how complex the adoption is, whether a biological parent challenges the adoption, and other factors. Overall, an adoption in South Carolina may cost several thousand dollars or tens of thousands. The following table summarizes the most common costs:
| Cost | What It Covers |
|---|---|
| Attorney’s fees | Preparing the petition, obtaining consents or terminating rights, giving notice, and handling the final hearing |
| Guardian ad Litem fees | The GAL’s work on behalf of the child, which may include investigation, a report, and testimony |
| Investigation fees | Preplacement, background, and postplacement investigations, when required |
| Consent witness fees | The attorney or other authorized person who witnesses the consent or relinquishment |
| Court and service costs | Filing fees, service of process, and administrative costs |
| Agency fees | Placement and related services in an agency adoption |
We cannot offer a flat “one-size-fits-all” fee for adoption cases, as the amount of work depends on numerous factors, the biggest of which is whether we have consent from any biological parents giving up their parental rights.
How Long Does the Adoption Process Take in South Carolina?
The adoption process in South Carolina can vary widely in length. Each adoption is unique, but the table below provides general timeframes. These estimates are not guaranteed; statutory deadlines and court-approved exceptions may affect the schedule:
| Stage | Typical Timeframe |
|---|---|
| Home study and preplacement investigation | Often 2 to 6 months, depending on the provider and circumstances |
| Waiting for a match (agency adoptions) | A few months to several years |
| Placement before the final hearing | Generally at least 90 days in the adoptive parent’s custody, unless the court finds good cause to modify the timing requirement |
| Final hearing | Generally within six months after the petition is filed, or within twelve months for a special needs child, unless the court extends the deadline for good cause |
| International adoption | Often 1 to 5 years or more; requirements and timing vary by country and procedure |
The home study can move faster when the prospective adoptive parents provide documents quickly. Families adopting an infant through an agency may wait longer for a match, depending on their preferences and the birth mother’s preferences. Families adopting from foster care may find the wait is shorter, especially if they are open to older children, sibling groups, or children with special needs. Stepparent and relative adoptions often move faster because the child already lives in the home.
Can a Biological Parent Revoke Consent to an Adoption in South Carolina?
Generally, no. South Carolina has no automatic revocation period. A consent or relinquishment can be withdrawn only by court order after notice and an opportunity to be heard are given to all concerned, and only if the court finds that withdrawal is in the child’s best interests and that the consent was not voluntary or was obtained under duress or coercion. The person seeking withdrawal must file the reasons with the family court.
Once the final Decree of Adoption is entered, any consent or relinquishment becomes irrevocable, which provides closure for the families and the child. A party may still appeal a final adoption decree, and a court may grant relief based on extrinsic fraud in limited circumstances. Our job as adoption lawyers is to help ensure that the adoption complies with the law so that our clients have the peace of mind of finality when we walk out of the courthouse.
Can You Change the Child’s Name in an Adoption in South Carolina?
Yes, you can. In an adoption case, we can include the name change request and do not have to file a separate case. If desired, we can typically change the child’s name to the adoptive parents’ name. Our article on name changes in South Carolina explains the process in other cases.
Can You Amend a Child’s Birth Certificate After an Adoption in South Carolina?
Yes. After the Decree of Adoption is issued and the required Certificate of Adoption is processed, a supplementary birth certificate can be issued showing the adoptive parents for a child born in South Carolina. For a child born in another state, South Carolina transmits the certificate to that state’s registrar; separate rules apply to children born abroad. The paperwork goes through the State Registrar of Vital Statistics, now within the South Carolina Department of Public Health. Processing times may vary.
What About DSS and Foster Care Adoptions in South Carolina?
Sometimes, children are subject to abuse and neglect, and the Department of Social Services (DSS) steps in to investigate. In some cases, DSS removes the children from the home. If there is no family member suitable and able to take custody of the children, they may be placed in foster care. If the parents do not correct their problems, they may have their parental rights terminated, and the foster parents may wish to adopt. Our article on DSS abuse and neglect cases in South Carolina explains these cases in more detail.
What About Agency Adoptions in South Carolina?
Sometimes, parents with an unplanned pregnancy make a responsible choice and agree to place a child for adoption through an agency. The adoptive parents work closely with a child-placing agency and pay specific fees. However, they will ultimately need to obtain a Decree of Adoption, just as in any other adoption case.
How Can a Charleston Adoption Lawyer Help?
If you are considering adopting a child of any age, it is essential to consult with a lawyer about the adoption procedure. We can determine whose consent is needed, who must receive notice, which investigations are required, and how to protect the adoption from later challenges.
The attorneys at Futeral & Nelson have represented families in adoption cases in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. Call us at 843-284-5500 to discuss your case and your options.
