How does the adoption process work in South Carolina?

South Carolina adoption practice is consolidated in Title 63 Chapter 9 (Children's Code) of the SC Code, with proceedings in Family Court.

1. Types of Adoption

Agency adoption through DSS or a SC-licensed child-placing agency.

Private/independent adoption (§ 63-9-60).

Step-parent adoption (§ 63-9-1110).

Adult adoption (§ 63-9-1120).

International adoption under Hague.

2. Petitioner Eligibility

Under S.C. Code § 63-9-60, any South Carolina resident may petition. A non-resident may adopt only under limited circumstances (special-needs child, sibling-group adoption, or relative). A spouse must join unless one spouse is the natural parent.

3. Consent Requirements

Under S.C. Code § 63-9-330, a birth parent's consent or relinquishment may be executed at any time after the child's birth (some county practice imposes a 24-hour wait). Once executed before two witnesses (one of whom must meet specific qualifications), it is irrevocable on execution absent proof of fraud, duress, or coercion (§ 63-9-350). There is no automatic cooling-off period.

4. Home Study

A pre-placement investigation (home study) under S.C. Code § 63-9-520 is required for non-step-parent adoptions and conducted by a licensed SC agency or court-designated investigator. A post-placement report is also filed (§ 63-9-740).

5. Termination of Parental Rights (TPR)

Voluntary via consent/relinquishment. Involuntary TPR under § 63-7-2570 for grounds including severe abuse, willful failure to visit/support for 6+ months. Interstate placements require ICPC under § 63-9-2200. ICWA (25 U.S.C. § 1901) applies to tribal children.

6. Finalization Hearing

The Family Court holds a final hearing typically after a 90-day placement period (§ 63-9-750). The court enters the Final Decree of Adoption, and the Office of Vital Records issues a new birth certificate (§ 63-9-1010).

This is legal information, not legal advice.