Types of Adoption
Domestic infant The type of adoption most widely known is the adoption of an infant born in the US, usually by persons who are not biologically related to the child. South Carolina law permits newborn children to be released from the hospital to the physical custody of the adoptive parents if the birth mother signs a release. The parental rights and responsibilities of both birth parents are terminated in a legal process in order to allow a child to become legally free for adoption (TPR). Prospective adoptive parents file a Petition to Adopt with the court as described by South Carolina law.
SC Department of Social Services (DSS) Domestic adoption for children who are placed for adoption by DSS may be infants, toddlers, older children, foster to adopt, or special needs adoption. DSS provides comprehensive training programs to help adoptive parents prepare for meeting the challenges of parenting these children. This type of adoption focuses on children whose birth parent’s rights are terminated and who are placed under the care and supervision of the state of residence of the child.
Foster to Adopt A Foster to Adopt placement is a specific situation in which the child in foster care is expected to become legally free for adoption, and is placed with a specially trained foster family who is interested in adopting the child if that becomes possible. However, the family cannot be guaranteed that adoption will occur and the adoption may be considered an At-Risk Placement or Legal-Risk Placement. An At-Risk or Legal-Risk placement means that a child is placed into a family when birthparents’ rights have not yet been legally severed or when rights have been severed but the appeal period has not expired.
Children with "special needs" Most adoptions involving children with special needs are arranged by a state agency, a private agency licensed for special needs adoption, or an international adoption agency. The definition of a special needs adoption may be met by older children, children of color, large sibling groups, children with limited or non-existent information about birthparents, or children with emotional or behavioral issues. State agencies may provide an adoption subsidy to assist with the financial burden of care for a child with special needs. Children adopted internationally are not eligible for medical assistance or continued subsidies but may be eligible for a one time adoption subsidy at the time of their adoption. Agencies provide comprehensive training programs to help adoptive parents prepare for meeting the challenges of parenting these children.
International adoption Adoption of a child from another country by a South Carolina resident may occur with the assistance of a licensed child-placing agency. South Carolina law recognizes a decree, judgment, or final order of adoption issued by a court or other governmental authority in a foreign country or a territory of the United States. Re-adoption or domestication of a foreign-born child may take place so that the child may receive a South Carolina birth certificate (certificate of foreign birth). Children who enter the U.S. on an IR-3 Visa are automatic US citizens, children who enter on an IR-4 Visa must apply for US Citizenship. Both parents must see the child before the adoption is finalized to obtain an IR-3 Visa.
Step-parent adoption. A step-parent adoption occurs when the spouse of a parent desires to adopt. It usually requires the assistance of an attorney. The non-custodial parent must consent to the adoption or the rights of the non-custodial parent must be terminated because the court has determined that the non-custodial parent has failed significantly in his or her parental responsibilities.
Relative/Kinship. The adoption of a grandchild or other family member may occur with the assistance of a state or private agency or an attorney, as applicable.
Adult adoption An adult person may be adopted by another adult person with the consent of the person to be adopted or his guardian and the consent of the spouse of the prospective adoptive parent.
