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Who is required to give consent for adoption in South Carolina?

On Behalf of | Aug 30, 2022 | Family Law

Adoption is a great option for South Carolina residents to have the family they’ve always wanted. However, when you choose to adopt, there are certain parties that must first consent to the adoption.

What are the laws of adoption?

In South Carolina, any child in the state who was born in or out of the state can be adopted. The state also allows for adult adoption. Residents of the state are allowed to file a petition with the family court if they wish to adopt a child. However, people who are not South Carolina residents are also permitted to apply for adoption when certain circumstances are in place. For example, non-South Carolina residents can adopt children when they are blood-related or related to them by marriage or if the child has special needs.

Who is required to give consent to adoption?

When a person or couple wishes to adopt in South Carolina, certain parties must give consent to that adoption. Those parties include the following:

  • The child if they are at least 14 years old and not mentally incapacitated.
  • The parents or parent of a child conceived or born during a marriage.
  • The unwed mother of a child.
  • The unwed father of a child if he has been involved in the child’s life for over six months since the birth as long as he has maintained consistent contact with the child and the child was put up for adoption.
  • The unwed father of a child, if he lived with the child and the mother, paid child support, and the child was put up for adoption.

Once the party has given consent for adoption, that consent cannot be revoked unless the court learns that it was under duress and that revocation is in the child’s best interests.

Adoption is one of the most rewarding experiences for many families.