South Carolina's Adoption Laws

• Adoption Records
• Consent To Adoption
• Parties To An Adoption
• Birth Father Statutes
• Adoption Expenses
• International Expenses
• General Adoption Statutes

Adoption Records

South Carolina

Statute: §§ 20-7-680(F); 20-7-609(A)-(J),(M)

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Agencies From Other States

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Reporters of Abuse

• Researchers

• Employers

• Parents/Guardians

• Coroners

• Review Teams

• Treatment Providers

• Subject of Reports

Persons without access to records

• Public/Any Person

Other Governor's office or ombudsman Investigators Child-caring and child-placing agencies Prospective adoptive and foster parents Foster care review boards Participants in a family group conference The media in cases where information has already been placed in the public domain by other officials

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

The consent may be signed any time following the birth.

Pre-consents are not allowed in the state of South Carolina.

Revocation Time Frame in South Carolina

The consent is irrevocable upon signing.

Parties to an Adoption

South Carolina

• Any South Carolina resident may adopt.

• A non-resident may adopt:

o A special needs child

o If the child is being placed with a relative

o If the adopter is a member of the military

o A legally freed child in foster care

Any child present within the State at the time the petition is filed

• A parent

• The department

• A child-placing agency

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

No information currently available.

Adoption Expenses

South Carolina

1. • Necessary and actual medical costs
2. • Reasonable living expenses for the birth mother and the child for a reasonable period of time

1. • Any expense that does not have a corresponding receipt
2. • Any expense that is found to be unreasonable

Not addressed in statutes reviewed

 A person or agency may not receive payment for giving consent or relinquishing a child for the purpose of adoption.

1. • Fees for investigations and reports
2. • Fees to individuals required to take consents
3. • Guardian ad litem fees
4. • Attorney's fees
5. • Fees to child-placing agencies and sending agencies

Accounting of Expenses Required by Court Statute: §§ 20-7-1730(C)(4); 20-7-1775(A)

1. • A statement of all payments made in the last 5 years, or agreed to be made in the future, that is not a disbursement must be attached to the adoption petition.
2. • At the final hearing, a full itemized accounting of all fees and expenses must be filed.

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

International Expenses

No information currently available.

General Adoption Statutes

South Carolina

Agency or Person Gathering Information or Preparing Report Statute: § 20-7-1750 Any person certified by the Department of Social Services

Contents of Report About Person to be Adopted Statute: § 20-7-1740 Medical and developmental history

1. • Medical history
2. • Age, sex, race of birth parents and their families
3. • Known genetic, psychological, metabolic, or familial disorders

1. • Suitability of home
2. • Ability to care for child
3. • Emotional maturity, finances, health, relationships, or other relevant characteristics
4. • History of involvement in any proceeding concerning neglected, abandoned, abused, or delinquent children
5. • Any adoption related counseling

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.