South Carolina Adoption Laws

Jurisdiction: 

Area of Law: 

Baby

Adoption of a child gives the adopting parents all the rights and responsibilities of a legal biological parent.  In fact, very often the court will use the phrase “as if the child was born into” to explain the new relationship. 

 

However, prior to the new parental rights being established, there is an extensive legal process one must go through in order to cement the parent-child relationship in the eyes of the State.  Although the National Conference of Commissioners on Uniform State Laws enacted the Uniform Adoption Act (UAA) in 1994, this process can vary significantly from state to state.

 

Relinquishment and Consent

 

Before the adoptive parents may assume parental rights, the biological parents must either relinquish their parental rights or have them terminated by the court.  In order to relinquish their rights, most states require that the consent be put in writing and either be executed in front of a judge or notarized.

 

In South Carolina, a number of parties must consent to the adoption before it can become final.  The consent must be put in writing and signed by the relinquishing parent after the birth of the child.  The document must be executed in the presence of two witnesses, one of whom must be either a family court judge in South Carolina, an attorney licensed to practice in South Carolina who is not representing either party, a person certified by the Department of Social Services to obtain consents, or – if the consent is being executed outside South Carolina – an attorney licensed to practice in that state, or any other person authorized to take consents in that state.

 

The consent is required of the legal mother of the child.  The consent of the father is also required even if he is not married to the mother in the case of the adoption being held six months after the child’s birth and the father having maintained substantial and continuous contact with the child.  If the father is not married to the mother and adoption proceedings were commenced less than six months after the birth of the child, then the father’s consent is required only if he openly holds himself out to be the father of the child.  Furthermore, if the child is age 14 or older, he or she must also consent to the adoption.  If the court finds that the adoption is in the best interests of the child due to parental unfitness, then no consent is required.

 

Finalization Hearing

 

At the finalization hearing, the judge will review the circumstances of the child’s potential new home and determine whether to approve or disapprove of the petition to adopt.  After review, if the judge deems the adoptive parents fit to raise the child, then the petition will be approved and an adoption decree will be issued.

 

This finalization hearing usually takes place within a year of the child being placed in the adoptive parents’ home.  The parties who should be in attendance of the finalization hearing are the adoptive parents and adoptee, the attorney for the adoptive family, and the social worker who placed the child in the adoptive home.

 

In making his or her final judgment, the judge is likely to ask the adoptive parents simple questions about their home, their mindset, and their methods.  As long as these answers are satisfactory, and the judge signs the adoptive order, this is the final formal step in the adoption process.

 

In most jurisdictions, the child’s name is legally changed and the court issues an amended birth certificate for the adopted child. On this birth certificate, the names of the biological parents are replaced with the adoptive parents’ and the child’s birth name is replaced with his or her new name in conjunction with the decree being issued.  At the same time, all documents related to the adoption are sealed, along with the original birth certificate. 

 

Where To Start

 

The first thing someone thinking about adopting should do is simply to educate himself or herself about the subject.  Adoption is an involved and emotionally intense process that will go a lot smoother if the adoptive parent knows what to expect.  William Gage’s website is a good starting point for its comprehensive recommended reading list.

 

Once you are ready to get the ball rolling, there are several adoption agencies in South Carolina that are there to help prospective adoptive parents through the process.  Contact one of them and they will get you started on the road to adopting a child.

 

Comments

Paperwork needed to adopt.

We have a gaurdianship of our baby girl from Pakistan and have brought her here.We have the Home study and have done the I-600 and visa for her. I have abandonment ceritficates, Court order and Birth certifacate in my name.I need to know the paperwork and procedures I need to file to legally adopt her in SC. IS it that involved a process or should be able to file the paperwork myself? With Thanks  Pervaz