Adult Adoption in SC: When and How It Works
Table of Contents
Frequently Asked Questions About Adoption Law
Can you adopt an adult in South Carolina
Yes. SC law permits the adoption of persons age 18 and older. The adult adoptee must consent, and no home study is required.
What are the legal effects of adult adoption in SC?
Adult adoption creates a full legal parent-child relationship, including inheritance rights. A new birth certificate can be issued, and the adoptee may take the adoptive parent’s surname.
How much does adult adoption cost in South Carolina?
Attorney fees and court costs typically range from $1,000 to $2,500—making it one of the most affordable adoption options.
Can an adult be adopted without the biological parent's consent in South Carolina?
Yes. Unlike the adoption of a minor child, adult adoption generally does not require the consent of a biological parent. The adult adoptee’s consent is typically the primary requirement because the adoptee is legally capable of making their own decisions.
Can an adopted adult inherit from their adoptive parents in South Carolina?
Yes. Once an adult adoption is finalized, the adopted person generally gains the same inheritance rights as a biological child under South Carolina law. Adult adoption is often used to establish clear inheritance rights and formalize an existing parent-child relationship for estate planning purposes.
Adult Adoption In South Carolina: What Families Need To Know
When most people think of adoption, they picture welcoming a baby or young child into a family. But adult adoption in SC is a well-established legal process that allows you to adopt someone who is 18 years of age or older. It is more common than you might expect—and it serves a range of deeply personal and practical purposes.
Whether you want to formalize a stepparent-stepchild bond that has existed for years, create inheritance rights, or simply make a lifelong family relationship official, adult adoption in South Carolina may be the right path. If your situation involves the adoption of a minor child rather than an adult, see our South Carolina adoption law guide for information about agency adoptions, stepparent adoptions, consent requirements, and court procedures.
Key Takeaway: Adult adoption in SC is generally simpler and faster than adopting a minor. No home study is required, the adult adoptee must consent, and the process can often be completed in 2 to 4 months.
Reasons Families Pursue Adult Adoption in South Carolina
There are many reasons families choose adult adoption. Some of the most common include:
Formalizing a Stepparent Relationship
If you have raised a stepchild who is now an adult, adult adoption creates the legal parent-child bond that may not have been established when the child was a minor. Perhaps the biological parent’s consent could not be obtained at that time, or the family simply was not aware the option existed.
Unlike stepparent adoption for minor children, adult adoption does not require termination of parental rights or the biological parent’s consent—only the adult adoptee’s consent is needed.
Creating Inheritance Rights
One of the most significant legal effects of adoption is inheritance. Under South Carolina probate law, an adopted person has the same inheritance rights as a biological child. Adult adoption can:
- Ensure the adopted adult is included in your intestate succession (if you pass away without a will)
- Simplify estate planning by creating a clear legal relationship
- Help avoid potential challenges to your estate from other parties
Formalizing a Foster or Mentoring Relationship
Adults who grew up in foster care, or who were raised by grandparents, aunts, uncles, or family friends, sometimes pursue adult adoption to formalize a relationship that has always existed in practice.
Emotional and Symbolic Reasons
Sometimes the reason is simply that family is family—regardless of biology. Adult adoption is a way to declare that bond publicly and make it legally recognized.
Other Practical Reasons
Adult adoption may also be pursued for several practical reasons:
• Immigration-related family considerations in limited circumstances
• Clarifying next-of-kin status for healthcare and medical decision-making
• Establishing a legal family relationship that reflects an existing parent-child bond
• Allowing the adopted adult to take the adoptive parent’s surname when appropriate
Requirements for Adult Adoption in South Carolina
The requirements for adult adoption are significantly simpler than for minor adoption:
- The adoptive parent must be a South Carolina resident and file the petition in the Family Court of their county of residence
- The adult adoptee must consent to the adoption—this is the most critical requirement
- No home study is required—because the adoptee is an adult, the court does not need to evaluate the home environment
- No biological parent consent is required—the adoptee is a legal adult and can consent independently
- No background checks are required (beyond standard court procedures)
- Courts generally expect the adoption to reflect a genuine parent-child relationship, and age differences between the parties may be considered depending on the circumstances of the case
Under SC Code § 63-9-60, any South Carolina resident may petition to adopt, and the statute does not distinguish between minor and adult adoptions in terms of eligibility—though the practical requirements differ significantly.
The Adult Adoption Process: Step by Step
Step 1: Consult with an Adoption Attorney
While the process is simpler than minor adoption, you still need an attorney to prepare the legal documents, file the petition, and represent you in court. An experienced family law attorney ensures everything is done correctly.
Step 2: Prepare the Petition
Your attorney prepares the adoption petition, which includes: – Information about the adoptive parent(s) – Information about the adult adoptee – The adoptee’s written consent – A statement explaining the purpose of the adoption – Any name change request (if the adoptee wishes to change their surname)
Step 3: File in Family Court
The petition is filed in the Family Court in the county where the adoptive parent resides. In the Columbia area, this is typically Richland County Family Court or Lexington County Family Court.
Step 4: Court Hearing
The court schedules a hearing, which is typically brief. Both the adoptive parent and the adult adoptee attend. The judge reviews the petition, confirms the adoptee’s consent, and—if satisfied that the adoption is appropriate—issues the final decree of adoption.
Step 5: New Birth Certificate
After the adoption is finalized, the SC Department of Health and Environmental Control (DHEC) can issue a new birth certificate listing the adoptive parent(s). The original birth certificate is sealed.
Legal Effects of Adult Adoption
Once an adult adoption is finalized in South Carolina:
- A legal parent-child relationship is created between the adoptive parent and the adopted adult
- Inheritance rights are established—the adopted adult has the same inheritance rights as a biological child
- A new birth certificate may be issued with the adoptive parent’s name
- The adopted adult’s legal relationship with their biological parents may be affected—though the practical impact varies and should be discussed with your attorney
- The adopted adult may change their surname to the adoptive parent’s name as part of the adoption
Note: Adult adoption does not affect the adopted person’s existing obligations, such as child support owed to their own children or other legal duties.
Costs and Timeline
Adult adoption is one of the most affordable types of adoption in South Carolina:
| Expense | Estimated Cost |
|---|---|
| Attorney fees | $800 – $2,000 |
| Court filing fees | $150 – $300 |
| Certified copies | $25 – $50 |
| Total | $1,000 – $2,500 |
Timeline: Most adult adoptions in SC can be completed within 2 to 4 months from filing the petition. The timeline depends primarily on court scheduling in your county.
Families considering adult adoption often work with an experienced adult adoption attorney to prepare the petition, address procedural requirements, and ensure the process moves efficiently through the Family Court system.
Make Your Family Official with Warner Law
Adult adoption can be a meaningful legal step for stepparents, grandparents, foster families, longtime caregivers, and other adults who wish to formalize an existing parent-child relationship. Because every family’s circumstances are different, it is important to understand how South Carolina law applies to your specific situation before filing a petition.
Schedule a free consultation to discuss whether adult adoption is right for your family.
This article is for informational purposes only and does not constitute legal advice. Every family law case is unique. Contact Warner Law to discuss your specific situation.
Ready to get started?
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.