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Adoption Lawyer in Spartanburg, South Carolina

Adoption is a wonderful experience which is one of the ways of providing a child with a family and a home. It not only changes the life of the child but also is a source of happiness and the meaning of life for the adoptive parents. But the journey to adoption is always characterized by a lot of emotions and legal processes which might be challenging.

Gaining familiarity with the adoption process as well as knowing the legal aspects is one of the essential stages of the adoption. Every process of adoption begins with the filing of an adoption petition and ends at the adoption hearing, and all these steps involve keen observation of legal procedures and laws.

At Max Hyde Law Firm, we have expertise in family law and appreciate the value that adoption brings in families. It is our promise to give hope and professional legal aid to those individuals and couples who want to grow their families through adoption in Spartanburg, SC. We do all our best to ensure that the adoption process is as easy and comfortable as possible for our clients.

Whether you’re pursuing domestic infant adoption, international adoption, foster care adoption, stepparent adoption, relative or kinship adoption, or even adult adoption to formalize an existing parent-child profile, our team is here to support you every step of the way. Max Hyde is always with you to support you. Contact us today at (864) 804-6330 to for a free case consultation with one of our experienced adoption lawyers in Spartanburg.

Some Common Adoption Cases in Spartanburg, SC

Adoption is a broad and complex phenomenon, and there are many kinds of cases, which are different in the nature of the problems and potential. Here are some common adoption cases that families in Spartanburg, SC, may encounter:

Domestic Infant Adoption

Refers to the process of taking in a child below the age of two, usually through the formalities of adoption.
Usually arranged through an adoption agency or through the birth parents themselves.
Needs home studies, background check, and legal process to make sure that the adoption is in the best interest of the child.

International Adoption

This is a process whereby a couple or an individual voluntarily takes a child from another country to become part of their family.
Must follow the laws of the countries in which the adoption will take place as well as the legal procedures of the child’s country and USA.
Tends to require a lot of paperwork, traveling and compliance with the Hague Convention on Intercountry Adoption.

Foster Care Adoption

This entails taking in a child from the foster care system as one’s own child.
Sometimes offer foster care for children who are abandoned by their parents or have been taken away from them for one reason or the other including abuse and negligence.
This process involves cooperation with the department of social services as well as the court to legally terminate the rights of the birth parents and complete the adoption.

Stepparent Adoption

This takes place when a stepparent legally assumes the role of a parent to their partner’s offspring.
Demands the removal of the non-custodial biological parent’s rights, either by consent or by court order.
Sometimes requires legal procedures to establish the stepparent as the legal parent of the child.

Relative or Kinship Adoption

Refers to the act of taking a child and raising him or her as one’s own child although the child is a biological relative like a grandchild, niece or nephew.
Usually embarked on when the biological parents are unable to raise the child.
In this situation, requires legal procedures to obtain the legal status of the adoptive parent.

Adult Adoption

This is the process where a person over the age of 18 legally becomes another person’s child.
Usually to legalize an existing parent-child relationship or for purposes of inheritance.
This entails a legal procedure to terminate the natural parent’s rights and to gain the adoptive parent’s rights, and consent of the adult adoptee.

Each of these adoption cases presents its own set of legal requirements and challenges. At Max Hyde Law Firm, we have extensive experience handling all types of adoption cases and are dedicated to providing personalized and comprehensive legal counsel to families in Spartanburg, SC.

Spartanburg, SC Adoption Laws You Should Know About

It is important for anyone who is thinking of adopting a child to have adequate knowledge of the law on adoption. Like many of the states in the United States of America, South Carolina has put forth certain statutes and rules that need to be followed while adopting to safeguard the best and highest interest of the child. [1]

Here are some key adoption laws in Spartanburg, SC, that you should be aware of:

Who Can Adopt in South Carolina?

Any South Carolina resident may adopt, provided that they are in compliance with the home study of the state.
A non-resident may become a adoptive parent to a child in South Carolina if the child has a relative in the state, one parent is in the military and is stationed in the state, the child is a special needs child, or there are other circumstances that would indicate it would be in the best interest of the child to be placed out of state.
The prospective adoptive parents must get clearance from a home study professional who is licensed by the SC. [2]

Pre-Adoption Birth Parent Expenses

Adoptive families can contribute to the costs of the expectant mother’s treatment, and other reasonable expenses for her and the child for a reasonable period. [3]
All expenditures have to be sanctioned by a judge and documented in an account that needs to be submitted to the court in the process of termination.

Consent in Adoption Cases

If the child is born out of a wedlock, both the parents need to agree to it.
For a child born unmarried, consent from the mother is sufficient; however, there are certain situations where consent from the father is also necessary.
If the child is 14+ it means that he or she has the capacity to decide on matters concerning him or her thus the consent of the child shall also be sought.
If the birth parents are deceased or their rights have been terminated, then the legal guardian, the state agency or the legal custodian should consent. [4]

Open Adoption Laws

South Carolina permits a post adoption contract between the adoptive and the birth parents but such a contract is not binding.
Identifying information can be disclosed during the adoption process provided both parties agree to share the information.
As to the open adoption agreements, their provisions must be examined and endorsed by the court with regard to the child’s best interests. [5]

Closed Adoption Laws

Adoption records are closed by statute which means that the details of the adoptive child cannot be disclosed without a court order.
The birth parents’ identifying information is not provided to the adoptive parents but they are given non-identifying background information about the child.
Releasing identifiable information is done under a legal procedure and on the court’s orders, usually for substantial reasons or new circumstances. [6]

Surrogacy and Adoption

In South Carolina, surrogacy is legal but the laws vary between traditional and gestational surrogacy:

The Traditional Surrogacy: The type of surrogacy where the surrogate is related to the child genetically, is legal but considered as adoption in South Carolina. Anything received beyond the living expenses allowance of the adoption statute is unlawful.

Gestational Surrogacy: The type of surrogacy where the surrogate is not biologically related to the child is legal in South Carolina. There are no limitations as to the amount of money that can be offered to the surrogate.

Filing an Adoption Case in Spartanburg, SC

Filing an adoption case in South Carolina involves a series of well-defined legal steps designed to ensure that the adoption process is thorough and in the best interest of the child.

Prospective adoptive parents must navigate eligibility requirements, legal documentation, and court procedures to successfully complete the adoption.

Filing the Adoption Petition

The adopting parents must file the adoption petition within sixty days from the time the child is placed in the adoptive home with intent to adopt.
The petition is filed in the Spartanburg County Family Court Office of the Family court Judge.

Petition Requirements

It is essential to present all the information concerning the petitioner, the child and the birth parents in the petition.
Any adoptive parents need to get pre-approval from a licensed SC home study provider.

Termination of Parental Rights

For an adoption to be legally done, parental rights of the birth parents must be willingly or through a court process be relinquished.
This is normally done on the nature of the birth parents agreeing on the adoption once the child is born.

Court Process

The adoption petition and whatever essentials will be given to the Spartanburg County Family Court for consideration.
A Guardian ad Litem is to be appointed to look into the shades of the case.
An adoption hearing will be made where the child will be produced where the judge will issue final orders and this is most often done 4-8 weeks after the petition is filed.

Adoption Finalization

The adoptive parents and the child also come to court for the last time and also give their testimonies.
When all protective provisions have been held satisfactorily complied with, discharge of the adoption decorum the judge will be made.
Following the decree, it is possible for the actual parents adopting the child to go for a new birth certificate that will indicate them as the rightful parents.

How Our Experienced Spartanburg, SC Adoption Attorneys Can Assist You

It can be a stressful and even an emotional experience to go through the process of adoption and that is why it is important to have proper legal assistance. Adoption lawyers at Max Hyde Law Firm in Spartanburg, SC, are always ready to help you and be your guide throughout the process. Here’s how we can assist you

Here’s how we can assist you:

Comprehensive Legal Guidance: We give clear and elaborate information concerning the kinds of adoption that is available and guide you on which type would be most appropriate for your family. Our attorneys will educate you and your agency on all the legal requirements of adoption laws at the state and federal level to avoid legal complications and time wastage.

Home Study Coordination: We help you in organizing and finishing the compulsory home study, such as criminal record checks, interviews and home visits. Our team will assist in the preparation of all the documents which are necessary for the adoption procedure and also guarantee that all the documents compiled are legal.

Drafting and Filing of Papers: We are responsible for the completion of the adoption petition and all other formal papers as well as seeing to it that all the papers are correct and that none is missing. Our attorneys will stand for you in court to give legal reasons why the adoption should be granted.

Obtaining Necessary Consents: We oversee matters concerning consent from biological parents or legal guardians or help in the process of the termination of parental rights when it is necessary. All legal issues that may come up during this process will be handled by our team so that your case is not delayed.

Court Representation: All appearances in court shall be conducted by our attorneys who will fight for your rights as well as for the best interest of the child. We offer proper preparation for any court case and guarantee that you are comfortable and knowledgeable throughout the trial.

Post-Placement Support: We also provide and assist in every legal requirement that comes with the post-placement supervision period. Our team will help you in the process of sealing the adoption, getting a new birth certificate, and solving all the problems that occurred after the adoption.

At Max Hyde Law Firm, our commitment is to provide compassionate and knowledgeable legal support, ensuring your adoption process is as smooth and stress-free as possible. Call us today at (864) 804-6330 to book a free consultation for legal advice with one of our experienced adoption attorneys and learn more about how we can assist you in building your family through adoption.

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