Stepparent Adoption in South Carolina

Reviewed by DocDraft Legal Team - South Carolina - Last updated October 6, 2026

In South Carolina, the family court has exclusive jurisdiction over adoptions under S.C. Code 63-9-40, and S.C. Code 63-9-1110 lets any person adopt his or her spouse's child with no investigation or report required unless the court directs one. Under 63-9-310(A), the child's parents must consent, and so must the child if over fourteen years of age. If the other parent will not sign, the adoption can go forward only if the family court terminates that parent's rights under 63-7-2570 on a statutory ground, such as abandonment as defined in 63-7-20, with a finding that termination is in the child's best interest, proved by clear and convincing evidence, or if that parent, served with notice, fails to file a response within thirty days of receiving notice, which 63-9-730(E)(3) says constitutes consent. South Carolina publishes no statewide stepparent adoption petition, so the petition is drafted to the contents listed in 63-9-710 and filed with the family court clerk.

South Carolina's family court, termination grounds, and the thirty day notice rule

South Carolina stepparent adoptions are heard in family court, which has exclusive jurisdiction under S.C. Code 63-9-40; a resident files in the county where the petitioner resides or is in military service, or where the child resides or was born. Section 63-9-1110 lets any person adopt his or her spouse's child and relaxes the general rules: no investigation or report under 63-9-520 is required unless the court directs it, no accounting of disbursements is required unless ordered, and the court may, on good cause, waive the ninety day timing requirement of 63-9-750. Under 63-9-310(A), the child's parents must consent by a sworn document signed before two witnesses, one of whom must be a family court judge, a South Carolina attorney who does not represent the petitioners, or a person certified by the Department of Social Services (63-9-340). Consent can be withdrawn only by court order on a finding that withdrawal is in the child's best interests and the consent was not voluntary or was obtained under duress or coercion (63-9-350). If the other parent will not sign, the adoption can proceed only if the family court terminates that parent's rights under 63-7-2570, upon a finding of a statutory ground and a finding that termination is in the best interest of the child, proved by clear and convincing evidence. Grounds include abandonment as defined in 63-7-20. The wilful failure to visit and wilful failure to support grounds in 63-7-2570(3) and (4) apply only where the child has lived outside the home of either parent for six months. Under 63-7-20, abandonment means a parent wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child. Separately, a parent whose consent cannot be obtained must be served with notice under 63-9-730, and failure to file a response within thirty days of receiving notice constitutes consent. A child over fourteen years of age must also consent unless the court excuses it, and South Carolina publishes no statewide stepparent petition form.

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