Kinship Adoption in South Carolina: Formalizing Relative Care

Kinship adoption in South Carolina refers to the legal adoption of a child by a relative — a grandparent, aunt or uncle, sibling, or other family member defined by blood or marriage. It is the most common adoption type among rural South Carolina families and is deeply supported by state policy. The court gives explicit preference to relative placements to minimize trauma and preserve family connections.

But "preferred" and "automatic" are different things. Kinship families must still navigate a formal legal process, and the families who go in unprepared often encounter avoidable delays and missed financial benefits.

Who Qualifies as Kinship in South Carolina

South Carolina defines a "relative" broadly for purposes of kinship placement preference — anyone related by blood, marriage, or previous legal adoption. This includes:

• Grandparents
• Aunts and uncles
• Siblings (including adult siblings)
• Step-relatives in some cases
• Former foster parents, in some circumstances

The preference for relative placement applies in both foster care cases (when DSS is considering where to place a child who has been removed) and in adoption cases (when permanency is being determined for a legally free child).

How Kinship Adoption Begins

Most kinship adoptions in South Carolina start in one of two ways:

Relative placement during a DSS case. When DSS removes a child from their home, the agency is required to search for relative placements before placing the child with non-related foster families. If you are a grandparent or aunt and DSS contacts you about caring for a relative's child, this is the beginning of a kinship foster placement that may eventually lead to adoption if the birth parents' rights are terminated.

Direct family arrangement. In some cases — particularly when a birth parent is ill, incapacitated, or deceased — a family may arrange for a relative to take over care without DSS involvement. These situations often proceed as independent or private adoptions where the relative petitions the Family Court directly.

The Legal Requirements: What Is and Is Not Waivable

Kinship adoption still requires a Family Court proceeding and a final adoption decree. There is no simplified administrative process for relatives, even close ones. However, the court has some discretion to waive certain procedural requirements that are mandatory in non-relative cases:

What the court can waive:

• Certain waiting periods that apply in non-relative placements
• Some supervisory visit requirements during the post-placement period
• In some cases, portions of the pre-placement investigation when circumstances justify it

What is always required:

• A pre-placement home study (though it may be somewhat abbreviated for relatives in some circumstances)
• Background clearances: SLED, FBI, DSS Central Registry, and sex offender registry for all household members
• A Family Court hearing and final adoption decree
• Termination of parental rights (voluntary or involuntary) if any birth parent's rights have not already been terminated

The degree to which courts exercise their waiver discretion varies by circuit and by the specific circumstances of the case.

DSS Financial Support for Kinship Families

Kinship families adopting a child who was in DSS foster care have access to the same adoption assistance benefits as non-relative adoptive families, provided the child qualifies as "special needs" under state definitions. In South Carolina, most children who have been in foster care qualify — the special needs definition includes older children, sibling groups, children with documented emotional or physical conditions, and certain racial or ethnic backgrounds with documented placement barriers.

Available benefits:

• Non-recurring cost reimbursement: Up to $1,500 for legal and court costs
• Monthly subsidy: Ongoing payment at the child's Level of Care rate
• Medicaid: Continued health coverage through age 18
• ABC Child Care Vouchers: Twelve months of childcare post-finalization

The same deadline applies to kinship families as to all DSS adoptive families: adoption assistance must be negotiated and your agreement signed before the Family Court issues the adoption decree. Post-finalization applications are not permitted.

Kinship Care Before Adoption: Foster Placement Benefits

Kinship families who are licensed as foster parents while caring for a relative child also receive foster care support during the placement period — before adoption is finalized. This includes the monthly foster care board payment and, for most children, Medicaid coverage.

Some families avoid the licensing process because they perceive it as burdensome. The trade-off: unlicensed kinship caregivers have no formal support from the state and receive no financial assistance during the placement. Licensed kinship foster parents are paid a board rate for the child's care and have access to DSS support services.

Thornwell, Epworth Children's Home, and Lutheran Services Carolinas all have kinship support programs that can help licensed kinship families navigate the system, access respite care, and prepare for the transition to permanent adoption.

Termination of Parental Rights in Kinship Cases

Before a kinship adoption can be finalized, the child's birth parents' rights must be terminated — either voluntarily or through an involuntary TPR proceeding. In kinship situations, this can be emotionally complicated: you may be asking the court to terminate the rights of your own child or sibling.

Many kinship adoptions in South Carolina arise after a DSS case that has already proceeded through a failed reunification. In those cases, DSS has already filed for TPR as part of the case plan outcome, and the kinship family steps in to adopt a child whose rights have already been terminated or whose rights are being terminated by DSS action — not a separate petition by the relative.

In other situations — particularly when birth parents are deceased or when the kinship family arranged care independently — the relatives may need to petition for TPR directly or handle the voluntary relinquishment process through an adoption attorney.

What Kinship Families Miss Most

Not getting licensed early enough. Kinship families who informally care for a child for months without becoming licensed foster parents lose out on the foster care board rate for that entire period. Licensing cannot be backdated.

Missing adoption assistance. Many kinship families do not know they qualify for DSS adoption assistance. They assume the support is only for non-relative adoptive families. It is not.

Skipping the attorney. Kinship adoption still requires a licensed attorney to file the petition in Family Court. The Family Court proceeding is not something a family can handle on their own without legal representation.

The South Carolina Adoption Process Guide covers the kinship pathway in detail, including the home study requirements, the DSS licensing process for kinship foster homes, and the financial benefits available to relative families who finalize adoption.

See more United States guides →