SOUTHCAROLINA

 Any resident of South Carolina may adopt a child. Nonresidents may adopt onlywhen:

 (1) the child is a special needs child;

 (2) there has been public notoriety concerning the child or the child'sfamily;

 (3) the child is to be placed for adoption with a relative related eitherbiologically or by marriage;

 (4) at least one adoptive parent is in the military service stationed in NorthCarolina; or

 (5) unusual circumstances make it in the best interest of the child to beplaced elsewhere.

 Who Can Be Adopted?

 Any child or adult present within the State at the time the petition foradoption is filed can be adopted.

Consent to Adoption

 Written consent is required of the following people:

 (1) the natural parents of a child born or conceived during marriage;

 (2) the legal guardian if both parents are deceased or their parental rightshave been terminated;

 (3) the adoptee, if over 14 years of age, unless the court waives it;

 (4) the mother, when she was not married at the time of birth or conception;

 (5) the father of the child when he was not married to the mother, if thechild was placed with adoptive parents more than 6 months after birth and hehas maintained substantial and continuous or repeated contact with the child asdemonstrated by

 payment of child support,

 visitation of the child at least monthly, or

 regular communication by the father to the child or with the person oragency having custody if he is unable to visit;

 (6) a father of a child born out of wedlock who lived with the child for 6months within the 1-yearperiod prior to placement of the child for adoption and who held himself out tobe the father during that time;

 (7) the father of the child born out of wedlock if the child was placed foradoption 6 months or less after the child's birth and he lived with the childor the child's mother for a continuous period of 6 months prior to placement ofthe child, and held himself out to be the father or paid child support orexpenses incurred during the mother's pregnancy; and

 (8) the child placing agency or person facilitating the placement of the childfor adoption if the child has been relinquished for adoption to the agency orperson.

 Consent is not required of the following people:

 (1) a parent whose parental rights have been terminated;

 (2) a parent who is found to be mentally incapable of giving consent; or

 (3) a parent who has already given upon the child to the adoption agency.

 Withdrawal of consent is not permitted except in the best interest of thechild or when consent was not given voluntarily or was obtained under duress orthrough coercion. After the final entry of the decree of adoption all consentsare irrevocable. Consent may not be revoked merely because the consentingparent was a minor.

Confidentiality

 All adoption hearings are confidential and must be held in closed court. Allrecords and papers pertaining to the adoption are confidential and must besealed and withheld from inspection, except upon a court order.

 The background report filed prior to the adoption shall include medicalhistory of the biological family of the adoptee. Nonidentifying informationmay be released to adoptive parents under the sole discretion of the chiefexecutive officer of the placement agency. The adoption agency shall maintaina confidential register of the names of biological parents and adoptees whoagree to release their identity to the other party. If the adoptee is 21 yearsof age or older and the biological parent has submitted an agreement to theregister to have his or her identity released, then it shall be disclosed.Applicants requesting identifying information must do so in writing and theconsent for release of information of all parties involved must be on file.

Permissible Fees

 Under no circumstances may a child-placing agency or any person receive a fee,compensation, or any other thing of value for giving consent to give up a childfor adoption. Expenses may be paid for certain costs in connection with theadoption:

 (1) reimbursement of medical and reasonable living expenses of the mother andchild for a reasonable period of time;

 (2) the fee for investigation and reports;

 (3) the fee of the individuals who are required to take the consent;

 (4) the fee of the guardian ad litem;

 (5) reasonable attorney fees; and

 (6) reasonable fees to a child-placing agency.

 At the final adoption hearing the adoptive parents shall file a full, detailedaccounting of all disbursements of anything of value made, or anticipated beingmade, in connection with the adoption.

 It is a felony to participate in the selling or buying of a child, inconsistency with these provisions.

Place of Adoption Hearing

 The adoption hearing may take place in the county where the adoptive parentslive, where the adoptee lives or was born, or where the agency having custodyis located.

Authority To Place Child

 Any agency, person, or entity licensed in order to act in child placementcapacity or the State Department of Social Services have authority to place achild. A person who facilitates an adoption is not required to be licensed.

Relative Adoption

 In the case of a relative or stepparent adoption, no investigations andreports or accounting of disbursements are necessary unless ordered by thecourt, and the court may waive the requirement of an adoption hearing or of theappointment of independent counsel for the indigent parent.

 State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

South Carolina Bar
950 Taylor Street
Columbia, SC 29202
(803) 799-6653

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