It doesn’t matter if you’re pursuing a grandparent or family member adoption, an open or closed adoption or an international adoption, you’ll want to make sure that you have solid, legal guidance throughout the entire process. Whether you’re a grandmother from Greenville, South Carolina trying to keep her grandbabies out of foster care or a teen mother who wants to make sure her rights are protected in an open adoption, we’re here to help you through the process. Please feel free to contact us today to schedule a consultation so that you understand your rights during the process. We have knowledge of all things South Carolina Adoption Law and are ready to help.
In South Carolina, any resident of the state may petition the court to start an adoption process. Typically handled by a South Carolina divorce attorney, children are often placed in South Carolina homes, though in the case of special needs, a relative is preferred to ensure the child’s welfare and emotional health are considered. In the State of South Carolina, both open and closed adoptions are legal.
An open adoption allows the birth mother to remain in touch with the biological child, even though all other parental rights are terminated. They’ve become much more popular in recent years, because it makes it easier for adoptive families to have access to biological and genetic medical histories. It also allows the adoptive process to be more involved during the pregnancy process, and the biological parent or parents can often remain in touch with the child following the adoption.
However, in some circumstances, the adoptive or birth families prefer to keep the entire process anonymous and private. Referred to as a closed adoption, this type of adoption has become much less common than they have been in the past. Generally speaking, communication between the birth parents and adoptive parents happen through written communication or through an adoption agency. Given this type of situation, the adoptive parents may find that they do not have access to any details of the child’s genetic or medical history.
In some situations, grandparents are encouraged to adopt a child when a stable, safe home environment cannot be maintained, or when parents choose to give up their custody and parental rights. Whether you’re located in Rock Hill, South Carolina, Orangeburg, South Carolina, or have grandchildren in Greenwood, South Carolina or Aiken, South Carolina, make sure that your rights are protected as grandparents.
Though times are changing, same-sex couples in Anderson, South Carolina or other cities may still face challenges in adoption. They may not receive the same protections that married couples may receive. Though South Carolina law allows any person to petition Family Court for adoption, there may still be challenges because marriage does not provide legal influence over the right to adoption. We would recommend working with an attorney in these situations.
Termination of parental rights by a family court causes the legal end of the relationship between parent and child. Generally, courts terminate parental rights if one or both parents are not fit to care for the child or children, or when the parent or parents relinquish those rights. At that point, the child may be adopted by another family. After termination of parental rights, the parent does not have any further responsibilities or rights regarding the child. However, the child in Florence, South Carolina or other locations may still inherit from the parent unless the Final Order of Adoption terminates their right of inheritance.
Adoption law is complex, so it’s important that you work with a Greenville or Anderson, South Carolina adoption attorney who will work with you and fight for your rights during the process. Please feel free to contact us today to schedule a consultation with our attorneys.
*Civil & criminal consultations are free, the charge for family court consultations varies by attorney.