Can a Stepparent Adopt Without Both Parents’ Consent?

There is an undeniable bond created between a parent and child when they welcome their baby into this world. However, it’s important to remember that children greatly benefit from the love given by other adults in their lives, whether aunts, uncles, grandparents, or, increasingly in modern families, stepparents.

These “bonus” moms and dads often love their spouse’s natural child or children as if they were their own. Often, stepparents may wish to adopt the children in their new, blended family.

Stepparent Adoptions In South Carolina Are Now One Of The Leading Forms Of Adoption In The State

There is a straightforward process for stepparents to adopt children from their spouse’s previous marriage in South Carolina. A stepparent adoption can even be successful in cases where the other biological parent does not or cannot give consent, so long as certain legal conditions are met.

Let’s talk through how a bonus parent can become a legal parent of a stepchild in South Carolina.

How Does A Stepparent Adopt Their Spouse’s Child or Children in South Carolina?

Just like any other adoption, a stepparent adoption happens through the court system. In South Carolina, the Family Courts handle all adoption proceedings.

In terms of the process, stepparent adoptions tend to be simpler than other types of adoption because the child likely already lives in the home with the stepparent. Certain hurdles required in other kinds of adoption cases are not required for stepparent adoptions, such as:

• A home study by a social worker to determine the capacity for parenting by the stepparent;
• The filing of an expenditure report with the court regarding costs of care for the minor child; and
• The standard 90-day waiting period for adoptions.

What Are The First Steps In The Stepparent Adoption Process in South Carolina?

We all know that it takes two to create a child. Under the law, the same is true; a child can have only two legal parents.

So, a stepparent cannot become a legal parent to their spouse’s child or children until the legal rights of the other parent are terminated. The spouse of the stepparent must consent to the adoption as well, or the adoption will likely not proceed.

Termination Of Parental Rights Of The Other Parent By Consent

Sometimes, the other natural parent will consent to the termination of their parental rights. Natural parents may consent to stepparent adoptions for a number of reasons or because they believe the adoption to be in the best interest of the minor child.

To do so, they sign a form relinquishing their parental rights and agreeing to transfer these rights to the adoptive stepparent.

Termination Of Parental Rights Of The Other Parent By The Court

If the other natural parent will not consent or cannot be found, then the termination of parental rights can only happen by order of the Family Court.

The stepparent and their spouse must ask the court to do so. The process for putting this issue before the Family Court is by petitioning to terminate parental rights.

Whether to terminate parental rights is a highly fact-specific question for the court. After a hearing where both sides are entitled to argue their case, the judge will determine whether to terminate parental rights. Some factors a judge will consider include the parent/child relationship and whether the other natural parent is actively involved in the child’s life and acts as a positive influence.

Parental rights are more likely to be terminated if the other natural parent has:

• Has abandoned the child and cannot be found through reasonable search efforts;
• Failed to visit the child for a period of six months or more, despite not being prevented from visiting the child;
• Failed to provide for the child financially for a period of six months; or
• Has abused the child.

Ultimately, the judge considers what is in the child’s best interest when making a decision.

How Stepparent Adoptions Are Handled In South Carolina Family Courts

Prior to the termination of parental rights, a guardian ad litem (“GAL”) is appointed to investigate the case.

A GAL is an individual who the court holds responsible for representing the child’s interest in an adoption proceeding. It is the duty of the GAL to investigate and then report to the court whether they believe the adoption to be in the best interest of the child. Generally, the GAL phase is smooth in stepparent adoptions and ends with a report favorable for the stepparent adoption.

The last step is the final hearing, where the judge in the Family Court decides whether to grant the adoption.

In cases where the stepparent and spouse can obtain the consent of the other natural parent, the process could be complete in six months or less. But, in the case where consent cannot or will not be voluntarily given, the process gets more complicated.

Contact a Brinkley Law Firm Adoption Lawyer

If you or your spouse is a stepparent who wants to adopt a child or children into your new family, our team of experienced family law attorneys is here to help. Whether you have consent from the other natural parent or not, our skilled professionals can guide you though the legal hoops necessary to formalize your blended family. Reach out to schedule your consultation today.