Stepparent Adoption in SC: Process & Requirements
Table of Contents
Frequently Asked Questions
How long does stepparent adoption take in South Carolina?
Typically 3 to 6 months from filing the petition, assuming the biological parent consents. If TPR proceedings are necessary, the timeline may extend.
What if the biological parent won’t consent to stepparent adoption?
You may need to pursue termination of parental rights in SC based on grounds such as abandonment or failure to support or visit the child.
How much does stepparent adoption cost in SC?
Expect to pay between $1,500 and $3,500 for a straightforward stepparent adoption. Contested cases may cost more.
What about adopting an adult stepchild?
If your stepchild is 18 or older, adult adoption in South Carolina may be a simpler alternative. No home study is required, and only the adult adoptee’s consent is needed.
Can a stepparent adoption involve another state?
Yes. If a biological parent, child, or stepparent lives outside South Carolina, additional jurisdictional and procedural issues may arise. Learn more about interstate adoption considerations in South Carolina.
Blending families is a journey—and for many stepparents, adopting a stepchild is the natural next step in making that bond official. Stepparent adoption in SC is one of the most common types of adoption in Family Court, and it gives you full legal rights and responsibilities as a parent.
If you have been raising your spouse’s child as your own and want to make your relationship permanent under the law, this guide walks you through the process, requirements, and what to expect. For a broader overview of all adoption pathways, visit our complete guide to adoption in South Carolina.
Key Takeaway: Stepparent adoption in South Carolina requires your spouse’s consent, the non-custodial biological parent’s consent (or termination of their rights), and approval by a Family Court judge. The process typically takes 3 to 6 months.
Requirements for Stepparent Adoption in SC
To be eligible for stepparent adoption in South Carolina, you must meet these basic requirements:
- You must be legally married to the child’s custodial parent
- You must be a South Carolina resident (there is no minimum residency period for stepparent adoption)
- You must pass a criminal background check and child abuse registry clearance
- The child must consent if they are age 14 or older (SC Code § 63-9-310)
Unlike other types of adoption, stepparent adoptions in SC may have modified home study requirements. Because the child is already living in your home, the court may waive or simplify certain aspects of the standard home study process. However, background checks are always required.
The Consent Requirement: The Biggest Hurdle
The most critical—and often most challenging—element of stepparent adoption is obtaining consent from the non-custodial biological parent.
Under SC Code § 63-9-310, the biological parent whose rights will be terminated must voluntarily consent to the adoption. When consent is given, the process moves relatively quickly.
What If the Biological Parent Won’t Consent?
If the non-custodial parent refuses to consent, you will need to pursue termination of parental rights in SC. The court may terminate parental rights if the biological parent has:
- Failed to visit the child for a period of six months or more
- Failed to pay child support for six months or more
- Abandoned the child
- Been convicted of certain serious crimes, including abuse or neglect
- Been found to be unfit by the court
The burden of proof falls on the petitioning party. You must present clear and convincing evidence that one or more of these grounds exist under SC Code § 63-7-2570.
Important: Courts take termination of parental rights very seriously. This is one area where having an experienced adoption attorney makes a significant difference in the outcome.
Step-by-Step: The Stepparent Adoption Process
1. Consult with an Adoption Attorney
Start by meeting with a family law attorney who handles stepparent adoptions in South Carolina. At Warner Law, we evaluate your situation, advise you on the consent or TPR process, and outline the specific steps for your case.
2. Obtain Consent (or Begin TPR Proceedings)
If the biological parent is willing, their consent is executed in writing, often in front of a judge or notary. If consent is not forthcoming, your attorney will file a petition for termination of parental rights.
3. Complete Background Checks
All prospective adoptive parents must undergo: – SLED criminal background check (South Carolina Law Enforcement Division) – FBI fingerprint check – SC Central Registry of Child Abuse and Neglect clearance
4. File the Adoption Petition
The petition is filed in Family Court in Richland County, Lexington County, or whichever county you reside in. The petition includes information about you, your spouse, the child, and the biological parent’s consent or TPR status.
5. Placement Period and Investigation
Even though the child is already living with you, the court may order a brief investigation or home visit. The placement period for stepparent adoptions is typically shorter than for other adoption types—often as few as 90 days.
6. Final Hearing
The final hearing is a brief court appearance where the judge confirms that all legal requirements have been met. This is generally a celebratory event—many families bring extended family members to witness it. Once the judge signs the adoption decree, you are the child’s legal parent.
After finalization, the state issues a new birth certificate with your name as a parent.
Costs and Timeline for Stepparent Adoption in SC
Typical costs: – Attorney fees: $1,500 – $3,000 – Court filing fees: $150 – $300 – Background check fees: $50 – $100 – Home study (if required): $500 – $1,500
Total estimated cost: $1,500 – $3,500 (without TPR proceedings)
If termination of parental rights is contested, costs will be higher due to additional hearings and legal work.
Timeline: Most stepparent adoptions are finalized within 3 to 6 months from filing. Contested cases involving TPR may take longer.
Let Warner Law Help You Formalize Your Family
Stepparent adoption is about more than paperwork—it is about making a lifelong commitment to a child you already love. At Warner Law, attorney Carrie Warner has helped stepfamilies throughout Columbia and the Midlands of South Carolina navigate this process with care and efficiency.
Schedule a free consultation to learn how we can help you complete your stepparent adoption in South Carolina.
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.