Frequently Asked Questions about Adoption
QUESTIONS FOR ADOPTIVE PARENTS
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 1. Who can be an adoptive parent and who selects them?
Any South Carolina resident may petition to adopt a
child. Exceptions to the residency requirement are made for a special needs
child, if there has been public notoriety concerning the child or child’s
family, the child is placed with a relative, if at least one of the adoptive
parents is in the military service stationed in South Carolina or if there
are unusual or exceptional circumstances such that the best interests of the
child would be served by the out of state placements. See S. C. Code Ann.
§20-7-1760 (Cum. Supp. 1992). In practice the "exceptional circumstances"
requirement has generally been liberally and expansively interpreted by our
family court judges.
South Carolina is a signatory to the Interstate Compact
on The Place of Children.
2. What information about the birth parents and the child must be provided to
the adoptive parents?
A medical history of the biological family of the
adoptee, including parents, siblings and other family members related to the
adoptee including ages, sex, race and any known genetic, psychological,
metabolic, or familial disorders; and any medical or developmental history
of the adoptee. See S. C. Code Ann. §20-7-1740(3) (Cum. Supp. 1992).
3. What procedures are followed to ensure that adoptive parents are fit to
adopt a child?
Adoptive parents must be investigated and approved by a
person trained and certified by the Department of Social Services to do
homestudies. Criminal histories, child abuse and sex abuse registries are
checked. A guardian ad litem is appointed to protect the interest of the
child. See S. C. Code Ann. §20-7-1740 (Cum. Supp. 1992).
4. Can the potential adoptive parents have the child placed with them prior
to the actual court procedures?
Yes.
5. Can the adoptive parents prevent the birth parents from communicating with
the child after the adoption?
Yes.
6. Under what circumstances can an adopted child communicate with the birth
parents?
With the permission of the birth parents and adoptive
parents if the child is a minor. Court records are sealed and will generally
not be opened.
7. What information must the birth parents provide to the adoptive parents?
A licensed social worker will obtain a medical/social
history. Often information may be sparse and is not subject to confirmation.
8. Who supervises the adoptive placement and for how long?
A post-placement report would be completed after the
filing of the adoption petition. A final hearing can not be held before
ninety days and no later than six months after the petition was filed. See
S. C. Code Ann. §20-7-1760 (Cum. Supp. 1992).
9. When is the adoption final?
After the final decree of adoption is entered. See S. C.
Code Ann. §20-7-1770 (Cum. Supp. 1992).
Frequently Asked Questions about Private Adoption in South Carolina
Page Copyright © 2005 Stephen Yacobi Law Firm. All rights reserved.
Revised: July 28, 2005
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