Adoption in South Carolina is one of the ways through which people or couples can start or even enlarge their families.

It means that for the same-sex couples living in Spartanburg, the adoption process has its own peculiarities and at the same time, it opens new possibilities as the legislation changes.

The prospective members of the LGBTQ+ community need to be familiar with the legal processes connected with adoption so that their rights are not violated in the process.

While same-sex couples try to adopt a child, understanding the law in South Carolina and their rights is crucial to have a trouble-free process of becoming parents in Spartanburg.

The Legal Landscape of Same-Sex Adoption in South Carolina

South Carolina Code of Laws states certain rules and procedures that one has to adhere to when adopting a child in South Carolina.

Adoption has always been a contentious issue for same-sex couples for many years with many legal systems offering little support. However, the current federal and state policies have made it easier for LGBTQ+ families to adopt a child.

It was in the year 2015 when the Supreme Court of the United States passed a verdict in Obergefell v. Hodges which made it legal for same-sex couples to marry making adoption rights equal for everyone.

Homosexual couples in South Carolina are equally allowed to adopt a child just like other heterosexual couples, whether through agencies, state, or foster agencies.

Same-Sex Couple Rights

Adoption by same-sex couples is legal in South Carolina and both of the partners are legally allowed to adopt the child. They can engage in different forms of adoption such as private agency adoption, foster care adoption, and second-parent adoption.

Termination of parental rights, same-sex couples are also allowed parental responsibilities and rights that heterosexual couples are allowed once the adoption process is complete.

South Carolina law now makes it impossible for any prospective adoptive parents to be discriminated against based on their sexual orientation.

Court Decisions

One important South Carolina case that influenced same-sex adoption is Obergefell v Hodges which not only made same-sex marriage legal but also provided equal rights for adoption.

Since this decision, South Carolina courts have again and again supported same-sex parents in various cases and made it clear that same-sex couples must be treated equally in family law matters.

You need an adoption lawyer to adopt a child and then legally recognize their family by allowing both partners to be mentioned on the birth certificate of the child adopted.

Same-sex couples’ Adoption Process in Spartanburg, SC

In South Carolina, the basic requirements for adoption are the same for both same-sex and opposite-sex couples. To adopt a child, prospective parents must: 

• Parents may be at least 21 years of age.

• Prove that one has financial stability and that he/she can provide a safe living environment for the children.

• Have the capability of fulfilling the physical, emotional, best interest, and educational requirements of a child.

Gay and lesbians in Spartanburg are equally allowed to adopt children as straight couples, and therefore both can adopt jointly if they meet these provisions.

Stages of the Adoption Process

Adoption of a child for same-sex couples requires some stages that are statutory :

Filing for Adoption

As in any other place in the United States, the process of adoption by same-sex couples in Spartanburg starts with filing a petition for adoption.

This petition has to be filed by the couple at the South Carolina family court with other documents such as a marriage certificate, some background details, and a declaration of their desire to adopt.

The court will then scrutinize the application in a bid to check whether all legal formalities have been met.

Home Study Requirements

A home study is an important element of adoption and it is aimed at determining whether the prospective adoptive parents will be able to provide a child with proper care. For same-sex couples, the home study process involves:

• Three home visits were made by a licensed social worker who assessed the conditions in the couple’s home.

• A home study is where the couple is interviewed in order to establish their readiness, parenting plan, and capacity to provide for the child.

• Credit check, examination of his/ her employment history, and reference check to confirm stability.

Background Checks and Interviews

Besides the home study, same-sex couples are required to undergo an extensive background check.

Each person will be required to submit their fingerprints and go through a criminal records check to ensure he or she has not been involved in any abuse, negligence, or any other unlawful activity that may harm the child.

Additional interviews of both the partners and, if necessary, the couple’s family members or friends are also carried out to assess the couple’s preparedness for adoption.

South Carolina Adoption Options for Same-sex Couples

Same-sex couples in Spartanburg, SC, have several options available when it comes to adoption, each offering unique pathways to parenthood.

From private agency adoptions to public adoptions through the foster care system, and specialized processes like second-parent and stepparent adoptions, LGBTQ+ couples can choose the route that best suits their family’s needs.

Understanding the different types of adoption available helps ensure that same-sex couples are prepared to navigate the legal and emotional aspects of building their families.

Private Adoption

Independent adoption which can be done through a legal counsel or an attorney enables same-sex couples to adopt an infant or child from their birth parent.

In this type of adoption, potential parents use the services of an adoption agency or an independent lawyer to find a birth mother who wants to give up her child for adoption.

Private adoption procedures can also be costly and time-consuming but the process of interaction between the birth parents and the adoptive couple is much easier.

Public Adoption

Another option for same-sex couples in Spartanburg is public adoption also known as foster care adoption. There, in this process, the prospective parents can take a child from foster care.

Foster kids are usually older or come in sets, and have some form of a disability or need a disability-related accommodation. This type of adoption may be more inexpensive, and there are also cases when state support for a child may be provided for his or her further care and support.

Adopting foster care in South Carolina is possible for same-sex couples and in evaluating potential foster parents, South Carolina law does not allow discrimination based on sexual orientation.

Second-Parent Adoption

Second-parent adoption is a legal procedure in which one of the members of a homosexual couple formally becomes the child’s adoptive parent without affecting the first parent’s rights.

This type of adoption is typical for those couples where one of the partners is a biological parent of the child and both the partners will have equal rights of the child.

Second-parent adoptions in Spartanburg also enable same-sex couples to formalize parental figures with children granting both parents both rights and responsibilities like decision-making and child inheritance in case of separation or death.

In this regard, Max Hyde Law Firm is well-equipped to handle adoption cases and provide clients with the personal attention they require for every case.

Contact our team of professionals for help in understanding the peculiarities of same-sex adoption in Spartanburg and to protect your family’s rights.

Please feel free to call us at (864) 804-6330 and book a free consultation to talk to us and find out how we can assist you in the adoption process that you would wish to be involved in. Whether it is paperwork in court or fighting for your rights as a parent, we have your back.