Adult Adoption in South Carolina: Legal Process for Inheritance and Caregiving

Why Adopt an Adult in South Carolina?

Adoption is often associated with infants and young children, but creating a permanent, legal family bond does not expire when someone turns 18. In South Carolina, adult adoption is a surprisingly common and legally powerful tool used to formalize existing relationships. Under S.C. Code Ann. § 63-9-1120, any person over the age of 18 can be legally adopted, provided they explicitly consent to the process. Whether you are living in Spartanburg, Florence, or Myrtle Beach, formalizing an adult adoption legally severs the adult's relationship with their biological parents and transfers all legal rights, privileges, and duties to the adoptive parent. This is often done for deeply emotional reasons, but it also carries massive legal and financial benefits.

Adopting an Adult Stepchild

The most common reason for an adult adoption is a stepparent formalizing their relationship with a stepchild they helped raise. When the child was a minor, the biological parent may have refused to give up their rights, blocking a standard stepparent adoption. Once the stepchild turns 18, the biological parent's consent is no longer required under South Carolina law. The adult stepchild can independently agree to the adoption, allowing the family to finally share the same last name and legal status.

Securing Inheritance Rights

Without a legal adoption, a stepchild or a close family friend has no automatic right to inherit from your estate under South Carolina intestate laws. While a last will and testament can name anyone as a beneficiary, wills can be easily contested in probate court by angry biological relatives. Completing an adult adoption legally transforms the adoptee into your direct, legal heir. If you pass away without a will, the adopted adult will inherit from your estate exactly as a biological child would.

Adopting an Adult with Severe Disabilities for Medical Proxy

Families often utilize adult adoption to care for individuals with severe physical or cognitive disabilities. While a guardianship grants authority over medical and financial decisions, it requires ongoing, invasive reporting to the probate court every year. Adopting an adult with a disability legally makes you their parent, simplifying the process of acting as their next of kin and primary medical proxy in emergency situations at local hospitals.

Bypassing the Home Study Requirement

When adopting a minor, the state requires a massive investigation, background checks, and an invasive home study conducted by the Department of Social Services (DSS). Because an adult is legally capable of making their own decisions, South Carolina law completely waives the DSS home study requirement for adult adoptions. There is no waiting period, no home inspections, and no mandatory post-placement visits. This makes the entire legal process significantly faster, less stressful, and much cheaper.

Step-by-Step Legal Process for Adult Adoption

The legal process in South Carolina is streamlined but still requires precise drafting of family court documents.

Step 1: Filing the Petition

Your attorney will draft and file an individualized petition for adult adoption under S.C. Code Ann. § 63-9-1120. By statute, you must file this document exclusively in the family court of the county where the adoptive parent resides, such as the Greenville County Family Court, Greenville or the Spartanburg County Family Court, Spartanburg.

Step 2: Signing Consents

The adult being adopted must sign a formal legal consent document agreeing to the adoption. Furthermore, if the adoptive parent is married, their spouse must also generally consent to the adoption. Crucially, the biological parents of the adult adoptee do not need to sign anything, nor do they even need to be notified of the court hearing.

Step 3: The Final Court Hearing

A brief hearing will be scheduled before a family court judge. Both the adoptive parent and the adult adoptee will answer a few basic questions under oath to confirm that the adoption is consensual and not being done for fraudulent reasons (such as evading creditors or immigration fraud). Once satisfied, the judge signs the final decree.

Step 4: Amending the Birth Certificate

After the judge signs the order, your attorney will send a certified copy of the decree to the South Carolina Department of Public Health, Columbia (DPH) Vital Records division. A brand-new amended birth certificate will be issued for the adult, listing the adoptive parent as the legal parent and reflecting any requested name changes.

How Much Does It Cost?

Because there is no home study and the biological parents cannot contest the process, adult adoptions are highly cost-effective.

Frequently Asked Questions (FAQ)