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Facts About the South Carolina Adoption Law
The Adoption Act requires a background investigation of the birthparents, including their medical
histories. Also, a home study must be conducted on the adoptive family, as well as a post-placement
investigation after a child has been placed with the adoptive family. These investigations are conducted
by qualified professionals who are certified by the state as knowledgeable in adoption matters.
Children must be placed with families who are living in South Carolina. However, the court may grant
permission for a child to be placed out-of-state under the following unusual or exceptional circumstances:
- Children with special needs for whom a family cannot be located in South Carolina. These children may
be African American, biracial, older, or handicapped;
- Children of notoriety who must be placed discreetly and far away;
- A birthmother specifically requests that her child be placed out of state;
- An identified adoption in which the birthmother requests placement with a specific family.
Interstate adoptions must also comply with the Interstate Compact for the Placement of Children. This is
a reciprocal state law in the fifty states, which govern the placement of children.
Under no circumstances can a birthmother receive a fee for placing her child for adoption. Adoptive
parents are allowed by law to pay for actual medical expenses for the birthmother. The adoptive parents
may also pay reasonable living expenses for the birthmother. Christian Family Services makes every effort
to keep these expenses to a minimum.
The birthmother usually signs a Consent/Relinquishment for Adoption within a few days after the child's
birth. There is no revocation period for a birthmother to change her mind.
If a birthfather is married to the birthmother, his consent/relinquishment must be given, or the court
must terminate his parental rights.
A birthfather who is not married to the birthmother must consent to the adoption only if he has acted
like a father. He is, however, entitled to notice, or to know about the adoption. This can be done
through personal service, or if he cannot be located, through newspaper publication.
After the child is placed with the adoptive family and a petition to adopt is filed in the court, the
family has temporary custody of the child, and is responsible for care and support of the child. The
petition to adopt must be filed within 60 days of adoptive placement. After at least 90 days following the
filing of the adoption petition, the final adoption hearing is held. After the judge signs the final
adoption decree, a new birth certificate is issued in the name of the adoptive family, and the child is
given his or her new name. The adoption file is then sealed by the Family Court.
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