Adoption

About Adoption

• Creates a relationship of parent and child where it did not previously exist;
• Gives the adopted child specific legal rights just like those of a biological child;
• Makes the relationship between the parents and the child exactly the same as if the child were the natural-born child of the adopting parents;
• Is different from CUSTODY because adoption is permanent and custody may be temporary;
• Is a complex process, and you will always need to consult an attorney if you are considering adopting a child

Guardian ad Litem

• The law requires that a guardian ad litem (GAL) be appointed to represent the child in an adoption action.
• The cost of the GAL will depend on their hourly rate and how many hours they put into the case.

Consent to Adoption

South Carolina law is very specific about the form of consent – a lawyer, judge, or a person certified by the South Carolina Department of Social Services has to be present when the parent or child signs the consent form.

• Parental Consent: in order to adopt a child, the child's parents must consent to the adoption. Once a parent has signed a consent to the adoption, it cannot be withdrawn except by court order.
• Failure to Consent: if there is no parental consent, the parental rights of natural parents must be terminated by the Family Court.
• Child's Consent: if the child is over 14 years old, he/she must consent to the adoption.

Notification

Any parent who does not consent to the adoption must be given notice of the proceedings – if no one knows where a parent is, he/she will have to be given notice by publication in the newspaper.

Adoption Investigation

• When a person adopts a child and they are not related by blood or marriage, an investigation of the home must be made by a certified adoption investigator.
• If the person wishing to adopt is related to the child, the investigation can be waived by the judge.

Name Change

• The judge can change the child's name when the adoption is granted.
• A new birth certificate will be issued showing the adoptive parents as the child's parents and giving the child the new name.

Appeals

The adoption can be appealed, but only under limited circumstances. You should consult with an attorney immediately upon learning that an adoption has been ordered by the Family Court.