How to Legally Adopt Your Stepchild in South Carolina

As a stepparent, you’ve formed an unbreakable bond with your spouse’s child. You love them like your own and want to make it official through adoption.

Stepparent adoption is the most common type of adoption in South Carolina. It allows you to legalize your relationship and gain parental rights.

At Steele Family Law, we understand the significance of this decision. We’re here to guide you through the stepparent adoption process with compassion and experience. Let’s break down the legal steps together.

Step 1: Get Consent from the Biological Parent(s)

In South Carolina, a stepparent adoption typically requires consent from both biological parents:

1. Your spouse (the custodial parent) must consent to you adopting their child. They will remain a legal parent alongside you.
2. The non-custodial parent must consent to terminate their parental rights. This frees the child legally for adoption.

There are some exceptions to non-custodial parent consent under SC Code Section 63-9-320. Consent may not be required if:

• The non-custodial parent’s rights were previously terminated
• The non-custodial parent is mentally incapable of consenting
• The non-custodial parent has willfully failed to visit, contact, or support the child
• The non-custodial parent’s identity or whereabouts are unknown
• The non-custodial parent conceived the child by a criminal act

If the non-custodial parent will not consent, your attorney can help you evaluate if grounds exist to waive consent and proceed with the adoption.

Step 2: File the Adoption Petition

Your adoption attorney will prepare and file a petition with the family court in your county of residence. The petition covers essential facts about:

• You and your spouse
• The child you wish to adopt
• The child’s biological parents
• The proposed adoption arrangement

Along with the petition, you must file:

• Consent from the biological parents
• The child’s birth certificate
• Adoption-related court fees

Once filed, copies of the petition are “served” (formally delivered) to your spouse and the child, providing legal notice.

Step 3: Attend the Final Adoption Hearing

After your petition is filed, your family attends the final adoption hearing. The judge reviews the petition and supporting documents to confirm all requirements are met.

You and your spouse will testify about your desire to adopt. Your attorney guides this process, and the judge may ask additional questions. If the child is 14+, they must consent to the adoption.

If all is in order, the judge issues a final decree of adoption. This official court order grants the adoption and bestows full parental rights.

Step 4: Obtain an Amended Birth Certificate

Your attorney coordinates with the state registrar for an amended birth certificate. The new certificate lists you as the child’s legal parent, serving as proof of your relationship.

Common Questions About Stepparent Adoption in SC

How long does a stepparent adoption take?

The process typically takes 3-6 months, but the timeline depends on your unique circumstances, court caseload, and other factors. Your attorney can provide an estimate.

How much does it cost to adopt a stepchild?

Costs vary based on your unique situation. Regardless, they will include legal fees, court costs, and background checks. Some fees may be waived for low-income families.

Can the non-custodial parent object to the adoption?

Yes, if the non-custodial parent does not consent, they can contest the adoption. The court would hold a hearing to determine if their consent can be waived based on abandonment, unfitness, or other statutory grounds.

Does the child’s last name change after adoption?

That’s up to you and your family. You can choose to keep the child’s current last name or change it to yours. Either option is acceptable.

Can same-sex couples complete a stepparent adoption?

Yes, married same-sex couples have the same stepparent adoption rights as heterosexual couples. The process is identical.

What if the child’s other biological parent is deceased?

If the non-custodial parent is deceased, their consent is not required. You will provide a copy of the death certificate to the court in lieu of consent.

Let Steele Family Law Guide You

We know stepparent adoption is a big step for your family. The process can seem overwhelming, but you don’t have to navigate it alone. The compassionate adoption attorneys at Steele Family Law are here to guide you every step of the way.

We’ll take time to understand your family’s unique needs and adoption goals. We’ll ensure you meet all legal requirements and protect your rights. Most importantly, we’ll help make the process as smooth and stress-free as possible for you and your growing family.

Take the first step today by contacting Steele Family Law. Together, we’ll guide you through the stepparent adoption journey with the care and attention you deserve.