South Carolina Law Firm Video Frequently Asked Questions
The South Carolina Adoption code allows for any South Carolina resident to petition the court to adopt a child. The real question is, what is the process and what is the chance of success to adopt a child? Family adoption (step parent adoption, grandparent adoption, or any family member related by blood or marriage) is much more streamlined than private adoption or non family member adoptions. For example, pre and post placement investigations are waived and so are the disbursement accountings and waiting periods that are normally required in a private adoption.
All adoption processes require a guardian ad litem be appointed before the adoption can be finalized. Another requirement is the termination of parental rights. A termination of parental rights, or TPR, can be achieved through voluntary relinquishment or through the court. In order for a court to terminate a parent’s rights, certain grounds must be met. Some of these grounds are willful failure to visit or support a child for 6 months or more. Because there are so many nuances involved in alleging and proving TPR grounds and the adoption process itself, it is critical, if you are considering adopting a family member to speak to an experienced family law attorney who can help you navigate the process and help you accomplish your goals.