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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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