(A) The final hearing on the adoption petition must not be held before ninety days and no later than six months after the filing of the adoption petition. In the case of a special needs child, the hearing must not be held before ninety days and no later than twelve months after the filing of the adoption petition. In its discretion, upon good cause shown, the court may extend, or in the case of a special needs child extend or shorten the time within which the final hearing on the adoption petition may be held.
(B) Upon satisfactory examination by the court of the record, including the reports required in Section 63-9-520, and following the final hearing on the adoption petition the court shall issue an order granting the adoption if it finds that:
(1) the adoptee has been in the actual custody of the petitioner for a period of ninety days unless the court finds as provided in subsection (A) that there is good cause for modifying the time within which the final hearing may be held;
(2) all necessary consents or relinquishments for the purpose of adoption have been obtained;
(3) notice of the adoption proceeding has been given to all persons entitled to receive notice under Sections 63-9-310 and 63-9-730, and any hearing resulting from the notice has been held and handled according to the satisfaction of the court;
(4) the disbursements made and accounted for pursuant to Section 63-9-740 are reasonable costs for expenses incurred or for fees for services rendered;
(5) the petitioner is a fit and proper person and able to care for the child and to provide for the child's welfare, and the petitioner desires to establish the relationship of parent and child with the adoptee;
(6) the best interests of the adoptee are served by the adoption; and
(7) if the petitioner is a nonresident of this State, the findings pursuant to Section 63-9-60(B) are included in the order, and there has been compliance with Article 11 (Interstate Compact on the Placement of Children).
(C) The court shall enter its findings in a written decree which shall also include the new name of the adoptee, if appropriate, and may not include any other name by which the adoptee has been known or the names of the biological or presumed parents of the adoptee. The final adoption decree shall order what effect, if any, the adoption has on the legal rights and responsibilities of the adoptee's biological parents, that the adoptee is the child of the petitioner, and that the adoptee must be accorded the status provided for in Section 63-9-760.
HISTORY: 2008 Act No. 361, Section 2; 2018 Act No. 144 (H.3442), Section 2, eff April 4, 2018.
Effect of Amendment
2018 Act No. 144, Section 2, in (B)(7), substituted "Section 63-9-60(B)" for "Section 63-9-50".
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Section 63-9-20. Legislative purpose.
Section 63-9-40. Jurisdiction; venue.
Section 63-9-50. Children who may be adopted.
Section 63-9-60. Persons who may adopt.
Section 63-9-70. Advertising prohibited to place or accept child for adoption; exception; penalties.
Section 63-9-310. Persons who must give consent or relinquishment.
Section 63-9-320. Persons not required to give consent or relinquishment.
Section 63-9-330. Form and content of consent and relinquishment.
Section 63-9-340. Signing consent and relinquishment.
Section 63-9-350. Withdrawal of consent or relinquishment.
Section 63-9-360. Consent and relinquishment certification.
Section 63-9-370. Adoption of a child in the custody of the Department of Social Services.
Section 63-9-510. Temporary placement and custody of adoptee.
Section 63-9-520. Investigations and reports.
Section 63-9-710. Petition for adoption; use of fictitious names.
Section 63-9-720. Appointment of guardian ad litem.
Section 63-9-730. Notice of adoption proceedings.
Section 63-9-740. Itemized accounting of disbursements.
Section 63-9-750. Final hearing.
Section 63-9-760. Effect of final decree.
Section 63-9-770. Attacks on final orders; appeals.
Section 63-9-780. Confidentiality of hearings and records.
Section 63-9-790. Amended birth certificates.
Section 63-9-810. State interest; purpose of registry.
Section 63-9-910. Foreign adoptions.
Section 63-9-920. Effect of foreign decrees of adoption.
Section 63-9-1110. Adoption by stepparent or relative.
Section 63-9-1120. Adult adoption.
Section 63-9-1310. Declaration of purpose.
Section 63-9-1330. Department of Social Services to administer program.
Section 63-9-1340. Children's Bureau transferred; monitoring placements.
Section 63-9-1350. Department of Social Services to obtain accreditation.
Section 63-9-1360. Birth parent informational brochure; waiting period.
Section 63-9-1370. Adoption services fees.
Section 63-9-1510. Statewide adoption exchange.
Section 63-9-1700. Short title.
Section 63-9-1720. Definitions.
Section 63-9-1730. Program established.
Section 63-9-1740. Notice to adoptive parents.
Section 63-9-1750. Eligibility criteria.
Section 63-9-1760. Eligible children.
Section 63-9-1770. Adoptive parents; nature of supplemental benefits.
Section 63-9-1780. Eligibility for supplemental benefits.
Section 63-9-1790. Review of decisions.
Section 63-9-1800. Benefits to substitute caregivers.
Section 63-9-1810. Authority to promulgate regulations.
Section 63-9-2000. Compact authorized.
Section 63-9-2010. Compact contents.
Section 63-9-2020. Additional provisions.
Section 63-9-2030. Medical assistance identification.
Section 63-9-2040. Compliance with federal law.
Section 63-9-2200. Compact enacted.
Section 63-9-2210. Financial responsibility for children.
Section 63-9-2220. "Appropriate public authorities" defined.
Section 63-9-2230. "Appropriate authority in receiving state" defined.
Section 63-9-2240. Agreements with other compact states.
Section 63-9-2250. Visitation, inspections by agreement.
Section 63-9-2260. Out-of-state placements.
Section 63-9-2270. Placement of delinquent children.
Section 63-9-2280. "Executive head" defined.
Section 63-9-2290. Promulgation of procedures governing interstate adoptive and foster care.