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Adopting someone can be a truly special moment, enriching your life and the life of your new child for years to come. However, the process of adopting someone can be deceptively complicated, especially if you are unfamiliar with how state law governs who is permitted to adopt.
A Beaufort adoption lawyer at Schiller & Hamilton could provide custom-tailored guidance and support throughout every stage of the process. Whether you are looking to adopt domestically or internationally, a knowledgeable family attorney’s assistance may be crucial. They could ensure this life-changing experience proceeds as smoothly as possible for everyone involved.
Conditions for Adopting a Child in Beaufort
The state has different rules for residents and nonresidents when it comes to adopting someone into a family.
Nonresidents
Nonresidents can only adopt in South Carolina under specific circumstances. For example, if they are the prospective adoptee’s relative, or if the prospective adoptee has special needs. Another circumstance is if there are no residents in South Carolina available to serve as an adoptive parent and the prospective adoptee has been in foster care for at least six months.
Residents
There are virtually no legal restrictions placed on South Carolina residents when it comes to their right to adopt a child. This means that there are no explicit and objective requirements people must meet to be allowed to adopt.
Anyone who lives in the state and wants to adopt must first complete a home study. This is an assessment conducted by the adoption agency to determine whether prospective adopters can provide a safe and supportive home for the adoptee. Specifically, the home study may explore whether adoptive parents have:
- An appropriate residence and physical environment to raise a child
- Emotional capacity to act as good parents
- Any record of criminal arrests or convictions
- A good-faith motivation for adopting
- Financial resources to properly care for a child
- Childcare plans if the parents work away from home regularly
- Good references for personal characters and morals from community members
A Beaufort attorney could go into detail about what a home study might entail and what other adoption procedural requirements must be fulfilled.
Parental Consent Requirements for Adoption
State authorities overseeing an adoption also confirm that the adoptee’s birth parents consent to it. For children produced within a marriage, both mother and father must consent for an adoption to proceed.
For children born outside of marriage, the father’s consent is only necessary if the child is six months old or older when placed for adoption. The father also must have cohabited with the child, and their mother, or maintained a substantial relationship with the child.
If a child’s birth parents are deceased or have had their parental rights terminated through a court order, the child’s acting legal guardian or placing agency must consent to their adoption.
Children over 14 years old must consent to their own adoption unless they lack the mental capacity to do so. An experienced attorney in Beaufort could explain consent rules for adopting a child during a private consultation.
Seek Help from a Beaufort Adoption Attorney Today
Adopting a child is a momentous occasion, but it can also be a challenging process to go through. Without representation from a legal professional with experience handling matters like this, your adoption proceedings could last for months or even not be completed.
A Beaufort adoption lawyer is available to advocate on you and your adoptive child’s behalf. Call Schiller & Hamilton today to learn more.