Adoption Lawyer
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Frequently Asked Questions About Adoption Law
What is an uncontested adoption and how long does it take for the adoption to go through?
An uncontested adoption is a proceeding in which the biological parent(s) does not contest the adoption, typically by executing a relinquishment that forever bars his or her legal rights to the child. The relinquishment must generally be signed by the biological parent before an attorney who can advise that parent of his or her rights prior to doing so. Additional requirements must be met for the relinquishment to be deemed valid. Once the relinquishment is executed, by law the Court will not schedule a final hearing until at least 90 days have elapsed between the date your complaint was filed and the final hearing.
What is a contested adoption proceeding and what happens if the biological parents will not relinquish their rights?
A contested adoption proceeding is one when one or both biological parents will not voluntarily relinquish their legal rights. In such cases, the Guardian ad Litem appointed for the child will be required to conduct a thorough investigation of the issues. It will also require a trial of the issues before a Judge. The petitioner, or the parent seeking an adoption, must prove grounds to terminate the biological parents’ rights at trial which are set by law. Failure to prove those grounds could result in a dismissal of the adoption petition.
What are the grounds to terminate parental rights?
The child or another child while residing in the parent’s domicile has been harmed, and because of the severity or repetition of the abuse or neglect, it is not reasonably likely that the home can be made safe within twelve months; the child has previously been removed from the home for a period of six months following the adoption of a placement plan by court order or agreement; a parent has willfully failed to visit or support the child for at least six months; the child has been abandoned, among other grounds.
Helping You Grow Your Family
We help clients with interfamily adoptions, stepparent adoptions and adult adoptions.
Interfamily adoptions are common when a family member seeks to adopt a child where one or both parents are deceased or are unable to provide stability for their child.
Stepparent adoptions involve a biological parent who remarries, and the other biological parent is deceased, waives his or her parental rights to the child, or has their parental rights terminated by Court Order. South Carolina law provides specific grounds for termination of parental rights. Therefore, specific facts must be present and proven to succeed on these grounds.
Adult adoption allows for any adult to adopt another adult. The purpose of this action may be to reflect a legally recognized parent-child relationship over any adult. It can also be used to ensure rights of inheritance to individuals who would otherwise not inherit from the adoptive person.
Adoption proceedings are a wonderful way to solidify the familial relationship and as an estate planning tool, if desired.
Why You Need an Adoption Lawyer
An adoption is a wonderful way to solidify your family. You, as the adoptive parent, are legally recognized as a parent of the child in every way, just as if you are the biological parent. Because it creates legally binding ties, your child would be eligible for survivorship rights or other federal or state benefits, as well as inheritance rights.
In South Carolina, to adopt a child, you are required to file a petition in the family court against each biological parent. In a situation where a parent has remarried, he or she typically joins in the relief requesting the adoption. The other biological parent may or may not join in the relief and if not, this requires a contested final hearing to determine whether the adoption should be granted
A Guardian ad Litem is always appointed by the court to investigate the issues and to report to the court what he or she finds as the best interest of the child. By law, no final hearing can be held until at least 90 days after a petition has been filed.
Sometimes, a parent may want to seek termination of the other parent’s parental rights as part of the adoption. The parent whose rights you are seeking to terminate must meet specific grounds for this to happen, such as failing to materially support your child for a period of at least six months, failing to visit a child for a period of at least six months, or other factors set by law that the court must consider in determining whether a parent’s rights must be terminated.
A parent can voluntarily execute a relinquishment terminating his or her rights so long as specific requirements are met, such as having the advice of counsel prior to doing so, among some other requirements. Once executed, a parent is barred from contesting an adoption unless the relinquishment was not executed appropriately.
Because of these and other specific requirements of an adoption, it is always advisable that you seek the assistance of a seasoned attorney who handles adoptions to ensure all your affairs are in order so that your case is successful.
Types of Adoption We Handle
Stepparent Adoption
A stepparent adoption occurs when a biological parent remarries and the other biological parent is deceased, waives his or her parental rights to the child, or has their parental rights terminated by court order. South Carolina law provides for specific grounds for termination of parental rights by court order. Therefore, specific facts must be present and proven to succeed on these grounds in contested cases.
Relative or Kinship Adoption
Interfamily adoptions are common when one or both parents are deceased or a situation arises where both parents are unable to provide stability for their child.
These, too, require that each parent either relinquish their rights to their child voluntarily or that a court terminate their relationship with their child through court order. Specific factors must be met which are set out by law for the adoption to take place.
Adult Adoption
If you are seeking to adopt a person who is over the age of 18, this is called an adult adoption. The purpose of this action may be to reflect a parent-child relationship to an adult. It can also be used to ensure rights of inheritance to individuals who would otherwise not inherit from the you.
Although not limited to this situation, many same sex couples who are not married use an adult adoption to ensure their partner receives from his or her estate when they die. As same sex marriage is now legal in South Carolina, many same sex couples now have the choice to marry instead.
Unlike an interfamily adoption or stepparent adoption, an adult adoption does not require the appointment of a Guardian ad Litem or the termination of a biological parent’s rights.
Our Adoption Legal Services
We assist families with stepparent adoption, interfamily adoption, and adult adoption.
The Adoption Process: What to Expect
Typically, you must file a petition and a motion for temporary relief in the family court where the child has been residing. A motion for temporary relief is a request for a hearing before a judge at which time you will request that a Guardian ad Litem be appointed for the child who you wish to adopt.
If a parent is contesting the adoption, it may be necessary to prepare for the hearing by executing an affidavit that discusses the background of the child’s relationship with that parent and why you are seeking the adoption. Regardless, a Guardian ad Litem will be appointed for the child at this hearing, together with other potential relief to address the issues at hand.
A Guardian ad Litem investigates the issues, including meeting with the parents, the child, meeting you and coming to your home. The Guardian has a duty to inform the court of their investigation and what is in the best interest of the child. A Guardian ad Litem can be a person who has met the legal requirements to serve as a Guardian ad Litem, or an attorney who practices in the State of South Carolina. Typically, you, as the petitioning party, are responsible for the costs of the Guardian ad Litem unless the court orders otherwise.
Once the Guardian ad Litem has conducted an investigation and at least 90 days has elapsed from when you filed your petition, a final hearing can be requested. At the final hearing, the court will hear testimony from you, any witnesses, and the Guardian ad Litem who will discuss their investigation. The Guardian ad Litem will issue a final report for the court’s review. If a parent opposes the adoption and is present at the hearing, the court will also hear testimony from that parent.
The court will announce its ruling at conclusion of the hearing granting or denying the adoption and the reasons why. Assuming the adoption is granted, a final order will be prepared by your lawyer reflecting the court’s ruling. Once that order is signed and filed, the adoption is final.
Once a filed order has been obtained, the adoption is final and you are deemed the legal parent of the child in every way, just as if you are the biological parent. Upon the issuance of an adoption decree, South Carolina law automatically terminates any child support obligation of a paying parent. Any back owed child support is also typically waived by the parent joining in the request for the adoption.
After the order is filed, you must ensure the child’s birth certificate is amended including the child’s name and that you are named the legal parent on the certificate through the Department of Public Health. This generally takes several weeks to accomplish if done by mail.
Conversely, an adult adoption does not require the appointment of a Guardian ad Litem. All that is required is the filing of a petition with the court and a hearing can take place quickly. An adult adoption does not change any other legal relationships between the adult you are seeking to adopt and his or her legal parents. In other words, no parental rights are terminated in an adult adoption.
Why Choose Us as Your Adoption Attorney
Our firm has experience in accomplishing your adoption goals. We handle contested and uncontested cases.
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My late father, Jan Warner, was an accomplished and widely known family law attorney and nationally syndicated author in South Carolina, so this area of law runs in my blood. It is all I have ever known, and I cannot imagine doing anything else.