Skip to Main Content

Adoption Resources

This LibGuide is here to provide resources on domestic and international adoption and a deep dive into the South Carolina Adoption Case Law and Statutes.

Adoption Definitions

Interstate Compact on the Placement of Children (ICPC)- 

The Interstate Compact on the Placement of Children is a statutory agreement between all 50 states that sets forth certain guidelines for a child to leave one state for the purposes of adoption. ICPC was put into place to provide a uniform set of protections, like background checks, that apply when a child is crossing state lines. Certain states require less than others for adoption, so ICPC was put in place to have uniform checks and balances for the protection of the children. Before a child can leave the "sending state" (the state where the child was born or currently resides) the family must have the approval of both the sending state and the receiving state. ICPC does not apply for step-parent or relative adoptions. 

For South Carolina Statutes regarding the Interstate Compact on the Placement of Children look at S.C. Code Ann. §63-9-2200

Indian Child Welfare Act (ICWA)- 

The Indian Child Welfare Act was enacted in 1978 to govern the placement of Native American Children for custody, foster care, and adoption. This was enacted after a large number of Native American Children were being separated from their tribes and being placed outside of their communities. ICWA requires that the Native American Tribe be notified in the event that a child who qualifies, or could qualify, as a tribe member is placed for adoption. This is to ensure the preservation of Native American Culture as a child grows, typically a child who is adopted outside of a Native American Tribe can no longer qualify for tribal membership. 

Homestudy- ​​​​​​​

A Homestudy is an in-depth background investigation into an adoptive family. These typically include background checks, financial declarations, and an overview report completed by a Certified Adoption Investigator. 

Background Report- 

A medical and social history, sometimes referred to as a background report, is completed on the child being placed for adoption and their family. This information varies on how much is known about the biological family and the age of the child. 

 

 

Types of Adoption

Infant Adoption-

Infant adoption is certainly what most people think of when they think of adoption. Typically an adoption agency is involved in the matching and placement of infants, but in South Carolina Attorneys can match as well, this is the same in all states. 

Inter-Family Adoption- 

Inter-Family adoption is when a child is being adopted by a grandparent, aunt/uncle or other family member in their immediate family. This can include family members adopting as a second parent. For example, a grandmother could adopt as a second parent making the biological mother the legal mother and the biological grandmother the legal father. This could also be grandparents or other family adopting the child and terminating the rights of the biological parents or in a situation where the biological parents are deceased. 

Step-Parent Adoption- 

A step-parent adoption occurs when a biological parent's spouse would like to adopt the child as a second parent. This is a very common adoption situation and often is a simple process for a step-parent to adopt. In the state of South Carolina, the requirement of a home study is waived for step-parent adoptions. 

Adult Adoption- 

In South Carolina it is legal to adopt an adult. This is typically done for clarification of inheritance, although adult adoptees should still be listed in a will, but can also be done for medical insurance or education purposes. Also can simply be to solidify a bond that families have formed over time of caring for someone as a teen who is now an adult. Adult adoptions are not as complicated as an adoption for a minor. 

Foster to Adoption- See the DSS Site for more information. 

 

Case Law

Case  Summary
Adoptive Couple v. Baby Girl, 570 U.S. 637, 133 S. Ct. 2552 (2013) Commonly referred to at the Baby Veronica case, this case involved a South Carolina child whose father was a member of the Cherokee Nation. For a more in-depth look at this case, please visit the LibGuide on Baby Veronica. 
Brown v. Harper, 410 S.C. 446, 766 S.E.2d 375 (2014) Also known as, Baby Girl Harper, this case involved the validity of consents when the consents have not been witnessed by two disinterested parties. In this case, the consents were invalid and the child was returned to her biological family. 
Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388 (1982) New York Law stated that parental rights could be terminated in cases of "permanent neglect." However this case decided that in termination of parental rights, a clear and convincing standard must be used to protect the rights of the parents. 
Stanley v. Illinois, 405 U.S. 645, 92 S. Ct. 1208 (1972) This case stemmed out of an unwed father being denied parental rights when the biological mother of the children was deceased. This case furthered that biological parents are entitled to Due Process when parental rights are being terminated or removed.