South Carolina Adoption Laws: What Birth Mothers, Adoptive Families and Adoptees Need to Know
Whether you're placing a child for adoption, growing your family, or exploring your rights as an adoptee, South Carolina adoption law plays a crucial role throughout the entire process and post-placement. Understanding your legal rights and options, you can move forward with confidence.
This guide will walk you through the most important aspects of South Carolina adoption law and how our agency can support you each step of the way.
Contact us today to speak with a South Carolina adoption specialist.
For Birth Mothers: Your Legal Rights
Can I choose adoption for my baby?
Yes. South Carolina law recognizes the right of a birth parent to voluntarily place their child for adoption. Once you make this decision, you’ll work with an adoption agency or attorney to give legal consent, which must be reviewed and accepted by the family court. The court evaluates whether your decision was made knowingly and voluntarily, with the child’s best interest as the primary concern.
South Carolina Code § 63-9-310
When can I give my baby up for adoption?
You may begin working with an adoption professional while pregnant, but you cannot legally consent to adoption until at least 24 hours after birth. South Carolina’s waiting period is designed to allow you time to recover from delivery and reflect on your choice. The consent must be executed in writing, notarized, and witnessed before it can be submitted to the court.
South Carolina Code § 63-9-330(A)
Can I get my baby back after adoption?
Once your written consent is filed with the family court and approved, it becomes final and irrevocable unless you can prove in court that the consent was obtained through fraud, duress, or coercion. Courts in South Carolina give strong weight to the finality of consent in order to protect the stability of adoptive placements.
South Carolina Code § 63-9-350
Can you do adoption without the father's consent?
Possibly. If the biological father has not established paternity, failed to provide support during pregnancy, or has not acted promptly to assert his rights, the court may rule that his consent is not required. The father must also be notified of the adoption unless his identity is unknown and cannot be reasonably ascertained.
South Carolina Code § 63-9-310(A)(4)
Do both birth parents have to sign adoption papers in South Carolina?
Generally, yes. If both legal parents are known and have parental rights, they must each provide written consent. If one parent is deceased, has abandoned the child, or has already had their rights terminated, then only one parent’s consent may be sufficient. The court reviews all documentation to ensure proper legal procedure has been followed.
South Carolina Code § 63-9-330
Can I get paid for adoption?
You cannot receive money for placing your child, but South Carolina law permits adoptive parents to cover reasonable expenses related to your pregnancy and adoption. This may include medical bills, counseling, maternity clothing, housing, utilities, transportation, and legal fees. All expenses must be itemized and approved by the court.
South Carolina Code § 63-9-310(G)
Can you choose who adopts your baby?
Yes. South Carolina law allows you to select the adoptive family. You can review profiles and meet with prospective families before placement. Whether you want an open, semi-open, or closed adoption, your agency or attorney will support your preferences and help match you with a family who aligns with your vision for your child’s future.
Can people from a different state adopt my baby?
Yes. If the adoptive family lives outside South Carolina, the placement must comply with the Interstate Compact on the Placement of Children (ICPC). This agreement ensures that both states review and approve the placement before the child crosses state lines.
South Carolina Code § 63-9-1020
Can I give my baby up for adoption without any agency?
Yes. South Carolina permits independent adoptions, but they must still comply with legal procedures, including home studies, background checks, and court hearings. A licensed attorney or agency must be involved in preparing the adoption petition and ensuring that all requirements are met.
Can my spouse adopt my child?
Yes. In a stepparent adoption, your spouse can adopt your child if the other biological parent consents or has had their parental rights terminated. This process is typically quicker and less complex than other types of adoption but still requires court approval.
South Carolina Code § 63-9-1110
Can my family adopt my baby?
Yes. South Carolina allows for kinship adoption by relatives such as grandparents, siblings, or aunts and uncles. While some requirements like a full home study may be waived, the court must still determine that the placement is in the best interest of the child and that parental rights have been legally terminated.
South Carolina Code § 63-9-60(A)
Can you anonymously put a baby up for adoption?
Yes. South Carolina’s Safe Haven for Abandoned Babies Act allows you to anonymously surrender an infant who is 60 days old or younger at a hospital or hospital-based emergency facility. No criminal charges will be filed as long as the baby shows no signs of abuse or neglect.
Can I have contact with my child after the adoption?
Yes, but only if both you and the adoptive family agree. South Carolina allows for Post-Adoption Contact Agreements (PACAs), but they are only enforceable if approved and included in the final court order. Most PACAs are informal, built on mutual trust rather than legal obligation.
South Carolina Code § 63-9-760
How does tribal adoption work for Native American children?
If your child is a member or eligible for membership in a federally recognized tribe, the Indian Child Welfare Act (ICWA) applies. This federal law gives the child’s tribe the right to intervene in adoption proceedings and prioritizes placement within the child’s tribal community or extended family.
Federal ICWA Law – 25 U.S.C. §§ 1901–1963
Can I drop my baby off at a fire station?
No. Under South Carolina’s Safe Haven law, only hospitals and hospital-based emergency medical facilities are authorized drop-off sites for newborns under 60 days old. Fire stations are not included as legal surrender locations.
What rights do biological parents have after adoption?
After the adoption is finalized, biological parents no longer have legal rights or obligations to the child. If an open adoption agreement was made and included in the final decree, contact may continue—but there is no legal enforcement unless the court explicitly includes it.
South Carolina Code § 63-9-770
For Adoptive Families: Starting Your Family with Confidence
Do you have to be married to adopt in South Carolina?
No. Both married couples and single adults are legally permitted to adopt in South Carolina. The family court evaluates each adoption petition on a case-by-case basis, prioritizing the child’s best interests. However, unmarried couples may face additional legal hurdles, as only one partner may be recognized as the adoptive parent unless legally married.
South Carolina Code § 63-9-310(A)
How old do you have to be to adopt a baby?
South Carolina law does not specify a minimum age to adopt, but courts and agencies typically expect adoptive parents to be at least 21 years old. This is considered a general benchmark for legal adulthood, financial independence, and emotional maturity. Agencies may also set age requirements as part of their internal policies.
(No specific statute; guided by agency and judicial standards)
Do you need a home study for a private adoption in South Carolina?
Yes. Whether you adopt privately or through an agency, the law requires a home study to assess your ability to provide a safe, stable, and nurturing home. A licensed professional will evaluate your finances, personal background, home environment, and parenting readiness. The study must be completed before the adoption is finalized and is submitted to the family court for review.
South Carolina Code § 63-9-520
Do you need a home study for an independent adoption?
Yes. Even in an independent (non-agency) adoption, a home study is required unless waived by the court. Waivers are rare and generally only considered in stepparent or relative adoptions. For most prospective adoptive families, working with a licensed social worker or agency to complete the home study is mandatory.
South Carolina Code § 63-9-510
Can you adopt without an agency?
Yes. South Carolina allows independent adoptions, provided that all legal requirements are met. Even without an agency, you’ll need to complete a home study, file a petition in family court, and follow procedures for obtaining birth parent consent and conducting background checks. Working with an experienced adoption attorney is strongly recommended to ensure compliance.
What are the steps to adopt?
In South Carolina, the legal steps to adopt include:
- Completing a home study with a licensed provider
- Matching with a birth parent or child
- Filing an adoption petition with the family court
- Obtaining legal consent from the birth parent(s)
- Undergoing post-placement supervision (typically 90 days)
- Attending a final hearing, where the judge issues a decree of adoption
South Carolina Code § 63-9-710
Can you adopt a child from another state?
Yes. South Carolina is a participant in the Interstate Compact on the Placement of Children (ICPC). This means any out-of-state adoption must be approved by the ICPC offices in both states before the child can legally move across state lines. Agencies and attorneys will coordinate this process for you.
South Carolina Code § 63-9-1020
Can we advertise for a birth mother?
No. In South Carolina, only licensed child-placing agencies and attorneys may legally advertise or solicit for adoption opportunities. It is unlawful for prospective adoptive parents to use media, social platforms, or print materials to find a birth parent directly.
Can a birth father stop an adoption?
Yes — if he has taken legal steps to establish paternity and has demonstrated a consistent commitment to parenting. If the father fails to provide support or formally object, the court may terminate his rights. South Carolina courts evaluate paternal rights based on a combination of legal action and demonstrated responsibility.
South Carolina Code § 63-9-310(A)(4)
What if the birth parents don't sign adoption papers?
If a birth parent refuses to consent or cannot be located, the court may proceed with a hearing to involuntarily terminate parental rights. Grounds include abandonment, neglect, abuse, or failure to maintain a relationship with the child. The court must find clear and convincing evidence that termination is in the child’s best interest.
South Carolina Code § 63-7-2570
When is an adoption finalized in South Carolina?
Adoptions are usually finalized after a 90-day post-placement period, which includes home visits and agency supervision. The family court will schedule a final hearing to review the case, verify compliance with all legal requirements, and issue a final decree of adoption.
South Carolina Code § 63-9-750
Can birth mothers change their mind?
Yes, but only before the court accepts the consent. Once the consent is signed and approved by the judge, it becomes irrevocable unless fraud, coercion, or duress can be proven. South Carolina law is clear about protecting the stability of the adoption once finalized.
South Carolina Code § 63-9-350
Are adoptive parents on the birth certificate in South Carolina?
Yes. Once the adoption is finalized, the Department of Health and Environmental Control will issue a new birth certificate that lists the adoptive parents as the child’s legal parents. The original certificate is sealed and confidential.
South Carolina Code § 44-63-140
What rights do adoptive parents have after adoption?
Adoptive parents gain full parental rights and responsibilities once the adoption is finalized. This includes legal decision-making authority, financial responsibility, and inheritance rights, equal to those of biological parents.
South Carolina Code § 63-9-770
Are open adoptions legally binding in South Carolina?
Only if approved and included in the court’s final decree. Even then, enforcement is rare and based on what the court determines is in the child’s best interest. Most open adoption agreements remain voluntary arrangements between birth and adoptive parents.
South Carolina Code § 63-9-760
Does ICWA apply to private adoptions in South Carolina?
Yes. The Indian Child Welfare Act (ICWA) applies to all private and public adoptions involving Native American children who are members or eligible members of a federally recognized tribe. The child’s tribe must be notified, and tribal placement preferences must be considered.
Federal ICWA Law – 25 U.S.C. §§ 1901–1963
What support is available after adoption?
Adoptive families may receive:
- Post-adoption counseling from their agency or referred professionals
- Access to medical and social history of the birth family
- State adoption subsidies for children with special needs, including monthly assistance and Medicaid eligibility
These supports vary by case and should be discussed with your adoption professional.
For Adoptees
If you were adopted through our agency, we can help you:
- Request your non-identifying medical or social history
- Initiate a reunion process with your birth family
- Access post-adoption counseling and support
If your adoption was through another provider or you’re unsure who facilitated it, check out this page to explore how to request your adoption records and learn more about your rights.
What’s Next?
Whether you’re a birth parent exploring your options or a hopeful adoptive family beginning your journey, understanding South Carolina’s adoption laws ensures that you’re moving forward with confidence and legal clarity.
Contact a South Carolina adoption specialist today to take the next step with compassionate, experienced guidance.
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