Stepparent Adoption
in South Carolina

Stepparent adoption is when a child is adopted by their biological parent’s spouse. In most cases, the stepparent has already functioned as a parent, establishing a deep and meaningful relationship with the child. Undergoing the legal process of adopting the child seems like a natural step to growing as a family, but stepparent adoptions can be complicated.

At Indigo Family Law, we have personal experience in the adoption process, in addition to being skilled as stepparent adoption lawyers. We can help you manage the legal hurdles that may leave you frustrated and confused. Our firm is committed to aiding families across the state in all areas of family law. Contact us when you need professional representation for a stepparent adoption in South Carolina.

Why Choose Indigo Family Law for Your Stepparent Adoption Process?

Not only do we have a significant background in managing adoption cases for our clients, but the attorneys at Indigo Family Law have experienced many of the hurdles you may face. Our founder, Brana Williams, and her spouse have adopted six children of their own, spending years navigating the process. She brings a complete understanding of the emotions and concerns you may have as you consider a stepparent adoption.

Our firm offers a valuable combination of skill, integrity, and honesty in all our client dealings. We believe in being honest and straightforward at all times, telling the pleasant and not-so-pleasant details so that our clients are fully prepared. We always strive for the best outcome possible and will interpret the law to your advantage.

Many law firms advertise that they are the best at what they do, but at Indigo Family Law, we know that word of mouth beats billboards and TV ads. Our clients trust us to always do right by them and put their interests ahead of everything else. You are more than a paycheck to us, and we want to be the law firm that you return to whenever you need reliable and experienced legal counsel.

Stepparent Adoption Explained

Spending time with your spouse’s biological child allows you to develop a strong bond and function as a parent in their lives. However, to legally become their parent, there are many steps you must undertake. South Carolina only allows two legal parents for a child, so in addition to bringing stability and safety to the child’s life, you must obtain and file specific paperwork that grants you parental rights for the child.

One of the first steps is getting a termination of parental rights from the other biological parent. This is often a complex and challenging action. The laws applying to adoption can be confusing, which is why it will benefit you to speak with qualified stepparent adoption attorneys to begin the process.

Stepparents have few rights for the children they put their love, time, and energy into unless they adopt. In addition to having a legal say in matters such as education and upbringing, there are many other reasons to consider adopting your stepchild:

  • Protection for the children if your spouse dies: The death of your spouse could throw you into a heated custody battle with the other biological parent. Instead of losing the children completely, you can strengthen your claim with a legal parent-child relationship.
  • Secure financial benefits: With a legal relationship, you can claim your stepchildren on your taxes, get insurance benefits, and establish your children’s right to inherit from you. They are also eligible for Social Security benefits under your name.
  • Simplify everyday parenting jobs: Schools and doctor’s offices may not allow you to pick up children or take them to appointments without legal status as a parent. Stepparent adoption gives you the right to do these daily tasks, as well as make medical decisions and have input into education choices for them.
  • Provide better stability for your family: Many children grow to adulthood with a stepparent who does not have legal rights, but adopting your spouse’s children can increase the sense of stability and completeness for your family.

Adoption by a stepparent does not change their spouse’s rights over the children. It simply removes the rights of the other biological parent and grants parental rights to the stepparent. As an adoptive stepparent, you will be responsible for the children in all matters, even during separation or divorce.

Stepparent Adoption Is a Complex Process

To begin adopting your stepchild in South Carolina, you will need to seek termination of the other biological parent’s parental rights to the child. If your spouse is the child’s mother and was not married to the child’s father, she may already have full legal and physical custody.

The unmarried birth father is not automatically granted parental rights and must establish paternity through genetic testing or by obtaining a Voluntary Paternity Acknowledgment from the mother.

Stepparent Adoption Without the Biological Parent’s Consent

What if the biological parent does not wish to sign away their rights to the child? In some cases, the family court may be able to terminate their rights if this action is in the best interests of the child.

You, as the stepparent, and your spouse, as the child’s biological parent, can petition the court to terminate the parental rights involuntarily for reasons such as:

  • The parent has abandoned the child.
  • The parent has not visited the child for at least six months when they were not prevented from visiting by a court order.
  • The parent has not provided child support for at least six months without justification.
  • The parent has been convicted of crimes such as homicide or assault of another child.
  • The parent has a diagnosed alcohol or drug addiction problem that is unlikely to improve.
  • The parent’s home is unsafe, resulting in neglect or danger for the child.

How Indigo Family Law Manages Your Stepparent Adoption Case

Our adoption attorneys have handled thousands of cases over the years for all kinds of families. Although you are already a stepparent, there are still questions you may have about adoption. We strive to help you feel comfortable and confident in your decision.

We offer important services throughout each step of the process, including:

  • Education and consultation: We will meet with you to discuss your circumstances and explain how stepparent adoption works in South Carolina.
  • Paperwork and legal deadlines: Our team will manage all the legal tasks, such as correctly completing paperwork and meeting court deadlines.
  • Termination of parental rights: We will perform the necessary actions to negotiate and finalize the termination of parental rights.
  • Finalizing the adoption in court: We will guide you through the adoption finalization hearing and represent you before the judge.

Turn to Indigo Family Law for Your Stepparent Adoption Case

When you have made the decision to adopt your stepchild, you want to ensure your family is strong, stable, and protected. Our team focuses on serving our community with integrity and dedication. Contact us today to begin your journey toward a successful stepparent adoption.