Adult adoption is one of the forms of adoption in South Carolina which refers to the legal procedure through which a person can adopt someone who is above the age of 18 years.

Thus, although most people know that adoption is possible with children, adult adoption has different aims. 

It is common when two people have been in a close relationship for a long time, for example, a stepfather and a grown-up stepchild or to provide legal and financial security to the adopted person.

It is also common to adopt an adult for the sake of inheritance to ensure the adopted person is granted the legal status of a biological child in issues to do with inheritance.

Some people may opt to have adult adoption so as to establish a legal tie that complements the existing affectionate one. For one’s own need, or for emotional or practical purposes, the adult adoption may create a proper and official foundation for the family.

Legal Requirements for Adult Adoption in South Carolina

In South Carolina, adult adoption is legally allowed by the South Carolina adoption law. 

In contrast to the adoption of minors, the procedure of adopting an adult is considered to be less complicated, because it does not involve legal issues and does not require the permission of the biological parents or the Department of Social Services of the state.

In order to adopt a person in South Carolina, both the adopting party as well as the adoptee have to consent to the adoption. In this case, the adoptee is legally an adult, and as such they cannot be forced into adoption and this makes the process easier as compared to the adoption of a minor.

Thus, there is no requirement for a home study, criminal record check, or participation in child protective services unless in special circumstances.

The adoption must be filed in the county family law court through an adoption lawyer in which either the adopter or the adoptee lives. After filing legal paperwork and having it served to the court, there will be a hearing held.

In the hearing, the judge will assess the adoption to determine whether it has a legal basis and is a proper purpose. Finally, the court seals the adoption and awards the adopted child all the legal benefits of a natural-born child.

Reasons for Adult Adoption

That is why there are several persuasive stimuli that make people adopt adults in South Carolina, including emotional attitudes, as well as legal and economic advantages.

Emotional and Personal Reasons

Most of the adoption that takes place happens when two people have been living together as husband and wife or guardian and the adult child. In such circumstances, adult adoption enables a step-parent to formalize the relationship that they have had for years.

It can also be used to open a meaningful conversation about family and demonstrate the importance of belonging to a family. 

For others, adult adoption guarantees that there is a continuity of the family. For instance, if a person has been taken care of by another family member or guardian throughout his or her life, adult adoption will finalize that family relationship for emotional as well as legal reasons.

Legal Benefits

Legal rights are perhaps one of the main reasons why adults would agree to adoption in the first place. 

This is especially the case when an adult adoption has been completed; in this case, the adopted person has the same rights as a biological child when it comes to inheritance, which makes the process of planning easier.

This enables the adopted person to take an inheritance from the adoptive parent without having to wait for a will or probate.

Furthermore, adult adoption provides the legal basis of adoption and decision making for example in cases where the adopted person becomes incapacitated. The foster parent would then legally be allowed to make decisions regarding the child’s health and finances.

Financial Benefits

It also has financial benefits in that an adult can adopt. It also assists in the passing of inheritance since it helps to overcome the problems related to the probate and allows the assets to be transferred directly to the adopted person.

Sometimes, adult adoption may help avoid problems with taxes or benefits received from the government, if any. 

The security of legal guardianship also means that the affairs of the financial nature can be addressed in case of an emergency.

Procedure for Adopting an Adult in South Carolina

The legal procedures for adopting an adult in South Carolina are not as complicated as the process of adopting a minor. Here’s an overview of the steps required to complete an adult adoption:

Petition for Adoption and its presentation in the Family Court

The procedure involves the filing of a petition for adoption of an adult in the family court of the county in which either the petitioner or the adult to be adopted resides.

This petition describes the plan to adopt and contains information about both the parties involved. It formally seeks the permission of the court to go on with the adoption process.

Necessary Legal Documents and Fees

In addition to the petition, there are some documents that are required to be filed in the court. These include:

• The completed adoption petition.

• The consent forms are to be filled by both the adoptive parent(s) and the adult adoptee.

• Identification that the adopter or the adoptee resides in the state, country, or city where the adoption is to occur.

• An identification document that is legal for both parties, for instance, a driving permit or a passport.

• Any other accompanying document that may be needed depending on the rules of the court of that county.

Petition fees will also be charged though these are usually lower than in other more complicated legal processes. 

The court clerk can also give information on the necessary charges which include the filing and administrative charges.

Timeline of the Process

Adoption by adults takes less time than the adoption of a minor, although the time taken may vary from one country to another. After filing the petition, it takes approximately several weeks or a few months for the court to peruse the documents and set a date for the hearing.

The actual time may vary depending on the court’s availability and if there are some other forms or procedures to complete.

Court Hearing and Finalization Process

When the court has fixed the date for the adoption hearing, both the prospective adoptive parents and the adoptee have to be present. 

In the course of the hearing, the judge will question the parties to ascertain that they have agreed to the adoption and that there is a proper justification for the adoption.

After satisfying all the conditions stated in the adoption petition the judge will formally adopt the child by entering a decree of adoption. 

This legal decree legalizes the adoptive status, which gives the adopted adult the same status as that of a biological offspring. As an option, the adoptee may also decide to change his or her last name as it is done in the process.

Limitations or Restrictions in the Adoption Process

Even though adoption by adults is legal in South Carolina, there are some rules and regulations that have to be followed to protect the best interest of the child and to prevent the misuse of adoption for wrong purposes.

Consent Requirement

The most serious restriction for adult adoption in South Carolina is that in order for the adoption to proceed, both parties, the adopting parent and the adult child, must agree to the adoption willingly.

Such an agreement is crucial since the adoptee is legally an adult and cannot be adopted without his/her consent. 

In case either of the parties withdraws consent at any one time before the adoption is complete, then the process will be stopped.

Restriction by age and marital status

South Carolina permits adult adoption, however, there are some conditions connected with the age and marital status of the parties. 

For example, the adoptee must be 18 years and above and be considered an adult while there is no upper age limit for the adoptee or the adoptive parent.

Also, if either the adoptive parent or the adoptee is married, the other party may be required to give consent or may be involved in the process, especially where the adoption may impact the rights with regard to property or inheritance.

Regulations Connected with Financial Incentives

South Carolina’s adult adoption law also has provisions against fraudulent purposes for adoption especially for financial gains.

For example, the adoption of an adult with the intention of making them provide social security benefits or access to a trust fund is unlawful.

Adoptions are thoroughly examined by the courts to make sure that they will benefit the parties involved and that they have a proper legal reason, for instance, to create a family connection.

Benefits and Challenges of Adult Adoption

Adoption for adults in South Carolina has its benefits to the parties involved in adoption as well as its drawbacks.

Benefits for Adopters

The advantages for the adopters are legal protection, which means that the adoptee gets the right of inheritance, and the right to make crucial decisions if the adoptee cannot do it, for example, in case of illness or lack of capacity to make a decision.

Also, it provides emotional benefits since through it families can legalize relationships like that of a step-parent and an adult step-child.

Benefits for adoptees

For Adoptees, the major advantages are the right to inheritance and the right to be accepted.

Legalization through adoption enhances the legal standing they have in the family the same way as biological children are treated.

Challenges of Adult Adoption

There may be conflict with the biological family most of the time is over issues to do with inheritance.

There can also be legal issues that may arise when the adopted child has some legal responsibilities to his/her birth parents or other relatives or if the child has some responsibilities towards some people or organizations in terms of financial responsibilities.

Also, adult adoption does not entail any legal complexities as is the case with other forms of adoption; however, it comes with legal formalities, legal fees, and other legal issues based on the situation.

How Our Adoption Lawyers Can Help You

The process of adoption as an adult in South Carolina may be easier to deal with with the help of adoption attorneys. 

At Max Hyde Law Firm, we have professional attorneys to help clients through the process to ensure that they do not encounter any legal hitches.

Legal Advice

We will take you through the laws regarding adult adoption in South Carolina and what your roles and or responsibilities are.

Document Preparation

Our team will make sure all forms are properly filled and submitted to the court as and when required.

Representation

We will attend the court sessions for you and fight for the termination of the adoption process on your behalf.

Addressing Challenges

We will assist you in dealing with all the challenges that may occur in the course of the adoption process, including handling various family problems, or legal questions.
If you are thinking about adopting an adult, feel free to contact us at (864) 804-6330 to book a free consultation so we can help you build strong legal relationships.