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Adopting in South Carolina

Yes, but in order to do so, adoptive parents must have an up-to-date homestudy report that approves them for adoption.

Citation: Ann. Code. § 63-9-70

No person or entity other than the Department of Social Services, a child-placing agency licensed in this State, or an attorney licensed in this State may advertise that the person or entity will place or accept a child for adoption.

Notwithstanding the provisions above, a person is not prohibited from advertising that the person desires to adopt if the person has a current preplacement home investigation finding that the person is suitable to be an adoptive parent.

The term ‘advertise’ means to communicate by newspaper, radio, television, hand bills, placards or other print, broadcast, or electronic medium that originates within this State.

A South Carolina resident (or a nonresident if the child has special needs, is being placed with a relative, has one adopting parent in the military and stationed in South Carolina, would benefit from an out-of-state placement, has been in foster care for 6 months or more). Nonresidents must finalize the adoption in the South Carolina Family Court.

Yes, it is required.

Yes, but any payment for services is subject to the court’s approval.

Medical, legal, living (receipts required). Reasonable time period. Reimbursement of fees for required investigations, guardian ad litem, child-placing and child-sending agencies permitted.

Consent is irrevocable immediately unless birthparent can prove consent was involuntary and withdrawing consent is in the child’s best interest. In practice, return automatic.

Citation: Ann. Code § 63-9-60
Any South Carolina resident may petition the court to adopt a child.

Citation: Ann. Code § 63-9-520; Code of Regs. § 114-4980
Preplacement investigations must answer all of the following:
• Whether the home of the prospective adoptive parents is suitable
• How the emotional maturity, finances, health, relationships, and any other relevant characteristics of the prospective adoptive parents affect their ability to provide a child with an adequate environment
• Whether a prospective parent has ever been involved in any proceeding concerning allegedly neglected, abandoned, abused, or delinquent children
• Whether the prospective parent has completed a course or counseling in preparation for adoption
• Whether the prospective parent is approved for placement of a child for purposes of adoption
In regulation: The child-placing agency should include in any home study at least two face-to-face interviews. Separate face-to-face interviews with each member of the household must be conducted.
The child-placing agency also shall study the following areas:
• Motivation for adoption
• Strengths and weaknesses of each household member
• Attitudes and feelings of the family toward accepting adoptive children
• The applicant’s plan for discussing adoption with the child
• Record of arrests and criminal convictions and checks with the child abuse central registry
• Adjustment of birth children, foster children, or previously adopted children
• A report of a physical examination for household members within 6 months of the study that verifies that each person suffers no communicable disease, specific illness, or disabilities that would interfere with the family’s ability to parent a child
• Ability to provide financially for the child being adopted with or without agency financial assistance through adoption subsidy
• Personal and community character references
• Religious orientation, if any
• Location and physical environment of the home
• Plan for child care if parent(s) work

Citation: Code of Regs. § 114-4980
The child-placing agency shall notify applicant(s) in writing within 30 days of completion of the adoption investigation of the acceptance or denial of their application. When applicant(s) are not accepted, the child-placing agency shall inform them of the reasons why the application is denied.

Citation: Ann. Code § 63-9-520
Before the placement of any child by any agency or by any person with a prospective adoptive parent, a preplacement investigation, a background investigation, and reports of these investigations must be completed.
If the waiting period for an adoptive placement exceeds 1 year from the date the preplacement investigation report is completed, the report must be updated before the placement of a child to determine any change in circumstances.

Citation: Ann. Code § 63-9-520; Code of Regs. § 114-4980
A postplacement investigation and report of this investigation must be completed after the filing of the adoption petition. Copies of this report must be provided to the adoption petitioner and must be filed with the court at the final hearing on the adoption. A postplacement investigation and report of this investigation must:
• Answer all of the following:
o The race, sex, and age of the adoptive child and whether the child is a suitable child for adoption by the prospective adoptive parent
o The reason for the child’s placement away from the biological parents
o Whether the child, if of appropriate age and mental capacity, desires to be adopted
• Review and where indicated, investigate the allegations of the adoption petition and its attachments and of the accounting of disbursements required under § 63-9-740
• Evaluate the progress of the placement of the adoptive child
• Determine whether adoption by the petitioner is in the best interests of the child
In regulation: The caseworker shall be in contact with the adoptive family at least monthly after the placement of a child prior to the final decree. Information obtained from the contact shall be used in making recommendations for the finalization of the adoption.