Adoption Lawyer in South Carolina

This is where the help of a specialized adoption lawyer is required most of the times.  Adoption lawyers at Max Hyde Law Firm are well-equipped and experienced in the South Carolina adoption laws and procedures. We have successfully handled a variety of personal injury cases in Spartanburg, Charleston, Greenville, and other areas throughout South Carolina.

We make sure that all legalities are handled well and properly to prevent any hitches that may slow the process, thus, making sure that families are reunited in the best way possible. Call (864) 804-6330 today to schedule a free consultation with a South Carolina adoption attorney.

Some Common Adoption Cases in South Carolina

South Carolina adoption includes several situations, every one of which has its own legal and psychological implications. Here are some common types of child adoption cases handled in the state:

1. Domestic Infant Adoption

Domestic infant adoption entails the adoption of a child below the age of 1 year or is a newborn and is within the United States. Most potential adoptive parents use adoption agencies or lawyers to find the birth parents who are willing to give up their child for adoption. Such adoption has legal nuances for protecting the interests of all the stakeholders, including the birth parents.

2. Foster Care Adoption

Foster care adoption means the adoption of children who are under the foster care system by their foster parents or other potential adoptive parents. Such children can be from their birth families because of abuse, lack of proper care, or other related issues that make them be taken away from their natural families. The process includes cooperation with the Department of Social Services and making sure that adoption is in the best interest of the child.

3. Step-Parent Adoption

A step-parent adoption is usually found in blended families where a step-parent desires to legally take the role of a parent to his/her spouse’s child. This process involves the agreement of the non-custodial biological parent or the severing of his/her rights and it is beneficial to the family and the child as it legally protects the child.

4. Relative Adoption

This is also known as second or third-degree adoption whereby one of the relatives adopts a child from within the family or from the spouse’s side of the family. This is mostly observed when the biological parents are unable to raise the kid because of one reason or the other. It also has the advantage of relative adoption in that the child can be kept in the family and has a stable environment.

South Carolina Adoption Laws You Should Know About

Adoption laws in South Carolina are designed to ensure the best interests of the child while protecting the rights of all parties involved. Prospective adoptive parents must navigate these laws carefully, often with the assistance of an experienced adoption lawyer. Here are some key South Carolina adoption laws you should be aware of:

Eligibility Criteria to Adopt a Child in South Carolina:

In South Carolina, any adult can adopt, regardless of age. However, most adoption agencies and professionals prefer that adoptive parents be at least 21 years old. There is no upper age limit, but prospective parents must demonstrate the physical and emotional ability to care for a child. [1]

Both single individuals and married couples are eligible to adopt in South Carolina. This includes:

Single Adults: Single men and women can adopt as long as they meet all other eligibility requirements.

Married Couples: Married couples must adopt jointly unless one spouse is the legal parent of the child (step-parent adoption). South Carolina does not require a minimum length

Consent Requirements

Consent is one of the major factors that defines the adoption process. The following parties typically must give their consent:

• The biological parents if they have not had their parental rights taken away from them.
• The child being adopted if he or she is 14 years old and above, or if the court so determines that it is not necessary.
• Consent has to be expressed and informed and the biological parents often have 48 hours after the birth of the child to give consent. [2]

Termination of Parental Rights

Adoptions cannot go forward until the rights of the biological parents of the child are relinquished. It may be done willingly by the parents, with their permission; or unwillingly where it is forced by a court order if the parents are considered unfit to make such decisions. The basis for dismissal without notice is abandonment, neglect, abuse, and lack of care and communication with the child. [3]

4. Home Study Requirements

A home study is an assessment of the potential adoptive parent’s home environment, history, and ability to adopt a child. It is one of the most time-consuming steps in the adoption process:

• Interviewing the family members.
• Home visits to evaluate the surrounding home environment.
• Criminal and child abuse record checks.
• Check of fiscal soundness and the medical documents.
• The home study also ensures that the home to be provided for the child is safe and appropriate for the child. [4]

5. Post-Placement Supervision

When a child is taken to adoptive parents, there is usually post-adoption placement supervision. At this stage, a social worker is likely to visit the home to assess the child’s adjustment and the family’s functioning. This usually spans for several months and is followed by a finalization hearing. [5]

6. Finalization of Adoption

The legal process of the adoption is completed when the adoption is sealed in court. In this court session, the judge goes through the case and checks whether all the legal procedures have been complied with and if the adoption is in the best interest of the child. When the adoption is completed the adoptive parents receive all the legal rights and duties of the child and a new birth certificate is prepared.