State Adoption Laws: South Carolina

Taken from The Complete Adoption Book by Laura Beauvais-Godwin, Director of Carolina Hope (pp. 455-456).

TheCompleteAdoptionBookCan an attorney serve as an intermediary?
Yes. A person who facilitates an adoption is not required to be licensed.

Is advertising permitted?
Yes.

Who must consent to the adoption?
1. The birth mother.
2. The birth father, if he is married to the birth mother or if he states that he is the biological parent and has either lived with the birth mother for six months or more before the child was born or has paid medical and other expenses during the mother’s pregnancy.

When can consent be taken from the birth mother (father), and how long after the consent is signed can it be revoked?
Consent cannot be given until after the child is born and the birth mother has basically recovered from the effects of delivery; once again, it cannot be withdrawn unless it was given involuntarily or obtained under duress or through coercion. The final adoption decree makes the consent irrevocable.

What are the birth father’s rights?
Essentially, the birth father must have supported the birth mother during her pregnancy if his consent is to be required. If he has not done so for at least the last six months during the pregnancy or if he has not supported the child during the last six months before placement, he must only be given notice of the adoption; his surrender is not required.

What fees can adoptive parents pay?
The following expenses can be paid: medical expenses, reasonable living expenses for a limited period of time, fees for investigation and report, fees for those required to take the surrender, reasonable attorney fees and the fee of the guardian appointed by the court, and reasonable fees to a child-placement agency.

Where does the adoption hearing take place?
The adoption hearing may take place in the court of the county where the adoptive parents live, where the child was born, or where the child placement agency is located.

Can a nonresident finalize an adoption in this state?
Yes. The final adoption hearing is held in the county in which the baby was born.

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  1. […] Taken from The Complete Adoption Book by Laura Beauvais-Godwin, Director of Carolina Hope (pp. 420-421). Can an attorney serve as an intermediary? Yes. A person who facilitates an adoption is not required to be licensed. … …more […]