Same-Sex Adoption Considerations in Charleston, SC
South Carolina law does not prohibit the adoption of children by same-sex couples. However, the
law does still require that a judge determine whether or not the adoption placement is in the best
interests of the child. This can create some problems for same-sex couples who encounter a
However, the court is still bound to the law, and proving that adoption by you is
in the best interest of the child is still possible.
Your family situation will determine how you process the adoption. Because both same-sex
marriages and same-sex adoptions are now legal across the country, you can complete a joint
adoption as a married couple if you and your partner are wed.
However, if you are not married, you’ll each need to adopt the child separately if you want to ensure that you both have parental
Adoption Requirements in South Carolina
While your sexual preference will not prevent you from adoption, you will still need to meet the
state’s other requirements for adoption. Many of these requirements will be met through a home
study with an approved agency.
In order to adopt a child in South Carolina, you must show that you are:
- Physically and mentally able to care for a child
- Financially able to provide for the needs of the child
- Able to offer a safe home for the child
- Emotionally prepared for adoption
In most cases, you must also be a resident of South Carolina in order to adopt a child from the state.
However, exceptions can be made for some circumstances, such as a special needs child, if you are
related by blood or marriage to the child, or if the child has been in foster care for more than six
Unlike some states, South Carolina does not have any age limits for adoption, either minimums or
maximums. The state also does not require that you be married or own a home in order to adopt.
You can find more information about adoption requirements, as well as relevant forms, trainings,
and more, available through the South Carolina Department of Social Services . This agency focuses
on adoptions from foster care but provides information applicable to any kind of adoption.
Joint or Separate Adoptions in South Carolina
If you and your partner are married, a joint adoption is the easiest and most logical option, as it
means only going through the adoption process once. However, if you are not married, then
separate adoptions are your only option.
Separate adoptions are required in South Carolina if:
- You decide to adopt a child as an unmarried couple, in which case one of you will adopt first and the
other will adopt after the first adoption is finalized.
You decide to have a biological child, in which case the non-biological parent will need to adopt the
You adopt a child prior to beginning your relationship.
Although you may need to complete two separate adoptions in some cases, you may be able to
utilize the same home study, speeding up the process.
Contact a Family Law Attorney to start the Adoption Process
Contact your attorney as soon as you begin the adoption process. An experienced family law
attorney can help you to ensure that your adoption goes smoothly. Contact Lauren Taylor Law
today to schedule a consultation and begin your journey to parenthood.
South Carolina divorce attorney Lauren Taylor is an authority on family law in Charleston and Greenville. Lauren Taylor Law is an authority on divorce, child support, and alimony in South Carolina. She graduated from the Charlotte School of Law, and has been practicing for several years now. Lauren Taylor relies on her experience and passion to fight for you during this stressful time. Learn more about her experience here.