Adoption

2025-2026 Bill 121: Adoption - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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This Bill
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Indicates Matter Stricken
Indicates New Matter
S. 121
STATUS INFORMATION
General Bill
Sponsors: Senators Garrett, Cash and Campsen
Document Path: SJ-0001SW25.docx
Introduced in the Senate on January 14, 2025
Introduced in the House on January 14, 2026
Last Amended on May 8, 2025

Currently residing in the House Committee on
Judiciary
Summary: Adoption
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/11/2024

Senate

Prefiled

12/11/2024

Senate

Referred to Committee on
Family and Veterans' Services

1/14/2025

Senate

Introduced and read first time (
Senate Journal-page 79
)

1/14/2025

Senate

Referred to Committee on
Family and Veterans' Services
(
Senate Journal-page 79
)

4/16/2025

Senate

Committee report: Favorable with amendment
Family and Veterans' Services
(
Senate Journal-page 16
)

4/22/2025

Scrivener's error corrected

4/29/2025

Senate

Committee Amendment Adopted (
Senate Journal-page 32
)

4/29/2025

Senate

Amended (
Senate Journal-page 32
)

4/29/2025

Senate

Read second time (
Senate Journal-page 32
)

4/29/2025

Senate

Roll call Ayes-42 Nays-0 (
Senate Journal-page 32
)

5/8/2025

Senate

Amended (
Senate Journal-page 60
)

5/8/2025

Senate

Read third time and sent to House (
Senate Journal-page 60
)

5/8/2025

Senate

Roll call Ayes-45 Nays-0 (
Senate Journal-page 60
)

1/14/2026

House

Introduced and read first time (
House Journal-page 92
)

1/14/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 92
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/11/2024
12/11/2024-A
04/16/2025
04/22/2025
04/22/2025-A
04/29/2025
05/08/2025

Indicates Matter Stricken

Indicates New Matter

As Passed By The Senate

May 8, 2025

S. 121

Introduced
by Senators Garrett, Cash and Campsen

S. Printed 5/8/25--S.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
63-7-40
(B), RELATING TO SAFE HAVEN FOR ABANDONED BABIES, SO AS TO
PROVIDE THAT THE SAFE HAVEN MUST OFFER THE PERSON LEAVING THE INFANT
INFORMATION PREPARED BY THE DEPARTMENT CONCERNING THE LEGAL EFFECT OF LEAVING
THE INFANT WITH THE SAFE HAVEN; BY AMENDING SECTION
63-7-1700
(A), RELATING TO
PERMANENCY PLANNING, SO AS TO DECREASE THE TIME IN WHICH A PERMANENCY PLANNING
HEARING MUST BE HELD FROM NO LATER THAN ONE YEAR TO NO LATER THAN NINE MONTHS
AFTER THE CHILD IS FIRST PLACED IN FOSTER CARE; BY AMENDING SECTION
63-7-1700
(E),
RELATING TO THE FILING OF A PETITION TO TERMINATE PARENTAL RIGHTS, SO AS TO
REQUIRE THE DEPARTMENT TO COMPLETE AND FILE WITH THE COURT A BACKGROUND
INVESTIGATION AND REPORT REGARDING THE CHILD WITHIN SIXTY DAYS OF THE FILING OF
A PETITION TO TERMINATE PARENTAL RIGHTS; BY AMENDING SECTION
63-7-1700
(F) AND
SECTION
63-7-1700
(H), RELATING TO AN EXTENSION FOR REUNIFICATION, SO AS TO
DECREASE THE TIME IN WHICH AN EXTENSION MAY BE GRANTED FOR REUNIFICATION
EFFORTS FROM EIGHTEEN MONTHS TO FIFTEEN MONTHS; BY AMENDING SECTION
63-7-1700
(I), RELATING TO PERMANENCY PLANNING HEARINGS, BY PROVIDING THAT A
TERMINATION OF PARENTAL RIGHTS HEARING MAY SERVE AS THE NEXT PERMANENCY
PLANNING HEARING ONLY IF IT IS HELD NO LATER THAN NINE MONTHS FROM THE DATE OF
THE PREVIOUS PERMANENCY PLANNING HEARING, AND SO AS TO PROVIDE THAT A
PERMANENCY PLANNING HEARING MUST BE HELD QUARTERLY INSTEAD OF ANNUALLY AFTER
THE TERMINATION OF PARENTAL RIGHTS HEARING; BY AMENDING SECTION
63-7-1710
,
RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE THE DEPARTMENT TO
COMPLETE AND FILE WITH THE COURT A BACKGROUND INVESTIGATION AND REPORT
REGARDING THE CHILD WITHIN SIXTY DAYS OF THE FILING OF A PETITION TO TERMINATE
PARENTAL RIGHTS; BY AMENDING SECTION
63-7-2550
, RELATING TO SERVICE OF
PETITION, SO AS TO PROVIDE THAT AN UNMARRIED BIOLOGICAL FATHER MUST RECEIVE
SERVICE OF A TERMINATION OF PARENTAL RIGHTS ACTION; BY AMENDING SECTION
63-7-2570
, RELATING TO GROUNDS, SO AS TO PROVIDE THAT WHEN FINDING THAT
TERMINATION OF PARENTAL RIGHTS IS IN THE BEST INTEREST OF A CHILD, THE COURT
MUST FIND THAT THE HOME OF THE CHILD'S PARENTS IS NOT SAFE FOR THE RETURN OF
THE CHILD AT THE TIME OF THE TERMINATION OF PARENTAL RIGHTS HEARING; BY
AMENDING SECTION
63-9-730
, RELATING TO NOTICE OF ADOPTION PROCEEDINGS, SO AS TO
PROVIDE THAT IF NOTICE OF AN ADOPTION PROCEEDING CANNOT BE EFFECTED BY PERSONAL
SERVICE, THEN NOTICE MAY BE GIVEN BY PUBLICATION OF THE SUMMONS IN WHICH THE
REQUESTED RELIEF OF TERMINATION OF PARENTAL RIGHTS, OR ADOPTION, OR BOTH, IS
SET FORTH; BY AMENDING SECTION
63-9-760
, RELATING TO THE EFFECT OF A FINAL
ADOPTION DECREE, SO AS TO PROVIDE THAT THE FINAL DECREE IS NOT AFFECTED BY A
POSTADOPTION AGREEMENT ENTERED INTO BEFORE OR AFTER THE ADOPTION; BY ADDING
SECTION
63-9-765
, SO AS TO PROVIDE FOR POSTADOPTION CONTACT AGREEMENTS TO BE
ENFORCEABLE IF AGREED TO BY THE PARTIES; BY AMENDING SECTION
63-7-820
, RELATING
TO THE PUTATIVE FATHER REGISTRY, SO AS TO PROVIDE THAT A REGISTRANT MUST
INCLUDE ANY ALIASES WHEN HE REGISTERS; AND BY ADDING SECTION
12-6-3595
, SO AS
TO PROVIDE FOR A TAX CREDIT FOR ANY RESIDENT TAXPAYER THAT CLAIMS THE FEDERAL
TAX CREDIT FOR QUALIFIED ADOPTION EXPENSES RELATED TO A DOMESTIC ADOPTION.

Amend Title To Conform

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
63-7-40
(B) of the S.C. Code is amended to read:

(
B)
(
1)
A facility, agency, or other location designated as a safe haven pursuant to
subsection (J)(2) must post a notice prepared by the department on its premises
that is prominently displayed for view by the public, stating that the
facility, agency, or other location is a safe haven at which a person may leave
an infant.

(
2)
The
safe haven must offer the
department
must publish information on the agency's website, including a pamphlet
explaining the process, accessible to any
person leaving the infant
information
concerning the legal effect of leaving the
infant with the safe haven.

(
3)
The safe haven must ask the person leaving the infant to identify any parent of
the infant other than the person leaving the infant with the safe haven. The
safe haven also must attempt to obtain from the person information concerning
the infant's background and medical history as specified on a form provided by
the department. This information must include, but is not limited to,
information concerning the use of a controlled substance by the infant's
mother, provided that information regarding the use of a controlled substance
by the infant's mother is not admissible as evidence of the unlawful use of a
controlled substance in any court proceeding. The safe haven must give the
person a copy of the form and a prepaid envelope for mailing the form to the
department if the person does not wish to provide the information to the safe
haven. The department must provide these materials to safe havens.

(
4)
Identifying information disclosed by the person leaving the infant must be kept
confidential by the safe haven and disclosed to no one other than the
department. However, if a court determines that the immunity provisions of
subsection (H) do not apply, the safe haven may disclose the information as
permitted by confidentiality protections applicable to records of the safe
haven, if the safe haven has such confidentiality protections for records. The
department must maintain confidentiality of this information in accordance with
Section
63-7-1990
.

S
ECTION
2.A.
S
ection
63-7-1700
(A) of the S.C. Code is
amended to read:

(
A) The family court shall review the
status of a child placed in foster care upon motion filed by the department to
determine a permanent plan for the child. The permanency planning hearing must
be held no later than
one year

nine months
after the date the child was first placed in
foster care. At the initial permanency planning hearing, the court shall review
the status of the child and the progress being made toward the child's return
home or toward any other permanent plan approved at the removal hearing. The
court's order shall make specific findings in accordance with this section. An
action for permanency planning must be brought for a child who enters the
custody of the department by any mechanism, including subarticle 3 or Section
63-7-1660
or
63-9-330
. If the child enters the custody of the department
pursuant to Section
63-9-330
and no action is pending in the family court
concerning the child, the department may initiate the permanency planning
hearing with a summons and petition for review. All parties must be served with
the motion or the summons and petition at least ten days before the hearing,
and no responsive pleading is required.
Upon motion by the
department and if the court determines it is in the best interest of the child,
the court may allow the permanency planning hearing to be held later than nine
months, but no later than one year after the date the child was first placed in
foster care. The case may not be dismissed for failure to hold the permanency
planning hearing after nine months. If the hearing has not been held within
nine months, a party aggrieved by the delay may motion the court to set the
hearing for a date certain.

B
. This SECTION
takes effect two years after the effective date of this act.

S
ECTION 3.
S
ection
63-7-1700
(E) of the S.C. Code is amended to
read:

(
E) Unless subsection (C), (F), or (G)
applies, if the court determines at the permanency planning hearing that the
child should not be returned to the child's parent at that time, the court's
order shall require the department to file a petition to terminate parental
rights to the child not later than sixty days after receipt of the order. If a
petition to terminate parental rights is to be filed, the department shall
exercise and document every reasonable effort to promote and expedite the
adoptive placement and adoption of the child, including a thorough adoption
assessment and child-specific recruitment. Adoptive placements must be
diligently sought for the child and failure to do so solely because a child is
classified as "special needs" is expressly prohibited. An adoption may not be
delayed or denied solely because a child is classified as "special needs."
Within one hundred twenty days of the filing of the petition to
terminate parental rights, the department shall complete and file with the
court a background investigation and report, as provided for in Section
63-9-520
(A)(1)(c).
For purposes of this subsection:

(
1)
"thorough adoption assessment" means conducting and documenting face-to-face
interviews with the child, foster care providers, and other significant
parties; and

(
2)
"child specific recruitment" means recruiting an adoptive placement targeted to
meet the individual needs of the specific child including, but not be limited
to, use of the media, use of photo listings, and any other in-state or
out-of-state resources which may be utilized to meet the specific needs of the
child, unless there are extenuating circumstances that indicate that these
efforts are not in the best interest of the child.

S
ECTION 4.
S
ection
63-7-1700
(F) of the S.C. Code is amended to
read:

(
F) If the court determines that the
criteria in subsection (D) are not met but that the child may be returned to
the parent within a specified reasonable time not to exceed
eighteen
fifteen
months
after the child was placed in foster care, the court may order an extension of
the plan approved pursuant to Section
63-7-1680
or may order compliance with a
modified plan, but in no case may the extension for reunification continue
beyond
eighteen
fifteen
months
after the child was placed in foster care. An extension may be granted pursuant
to this section only if the court finds:

(
1)
that the parent has demonstrated due diligence and a commitment to correcting
the conditions warranting the removal so that the child could return home in a
timely fashion;

(
2)
that there are specific reasons to believe that the conditions warranting the
removal will be remedied by the end of the extension;

(
3)
that the return of the child to the child's parent would not cause an
unreasonable risk of harm to the child's life, physical health, safety, or
mental well-being;

(
4)
that, at the time of the hearing, initiation of termination of parental rights
is not in the best interest of the child; and

(
5)
that the best interests of the child will be served by the extended or modified
plan.

S
ECTION 5.
S
ection
63-7-1700
(H) of the S.C. Code is amended to
read:

(
H) If at the initial permanency
planning hearing the court does not order return of the child pursuant to
subsection (D), in addition to those findings supporting the selection of a
different plan, the court shall specify in its order:

(
1)
what services have been provided to or offered to the parents to facilitate
reunification;

(
2)
the compliance or lack of compliance by all parties to the plan approved
pursuant to Section
63-7-1680
;

(
3)
the extent to which the parents have visited or supported the child and any
reasons why visitation or support has not occurred or has been infrequent;

(
4)
whether previous services should continue and whether additional services are
needed to facilitate reunification, identifying the services, and specifying
the expected date for completion, which must be no longer than
eighteen
fifteen
months from
the date the child was placed in foster care;

(
5)
whether return of the child can be expected and identification of the changes
the parent must make in circumstances, conditions, or behavior to remedy the
causes of the child's placement or retention in foster care;

(
6)
whether the child's foster care is to continue for a specified time and, if so,
how long;

(
7)
if the child has attained the age of sixteen, the services needed to assist the
child to make the transition to independent living;

(
8)
whether the child has provided written authorization to remain in foster care
after the child's eighteenth birthday and whether the court finds that it would
be in the child's best interests to remain in foster care after the child's
eighteenth birthday for a period not to exceed the child's twenty-first
birthday pursuant to Article 8;

(
9)
whether the child's current placement is safe and appropriate;

(
10)
whether the department has made reasonable efforts to assist the parents in
remedying the causes of the child's placement or retention in foster care,
unless the court has previously authorized the department to terminate or
forego reasonable efforts pursuant to Section
63-7-1640
; and

(
11)
the steps the department is taking to promote and expedite the adoptive
placement and to finalize the adoption of the child, including documentation of
child specific recruitment efforts.

S
ECTION 6.
S
ection
63-7-1700
(I) of the S.C. Code is amended to
read:

(
I) If after the permanency planning
hearing, the child is retained in foster care, future permanency planning
hearings must be held as follows:

(
1)
If the child is retained in foster care and the agency is required to initiate
termination of parental rights proceedings, the termination of parental rights
hearing may serve as the next permanency planning hearing, but only if it is
held no later than
one year

nine months
from the date of the previous permanency planning hearing.

(
2)
If the court ordered extended foster care for the purpose of reunification with
the parent, the court must select a permanent plan for the child other than
another extension for reunification purposes at the next permanency planning
hearing. The hearing must be held on or before the date specified in the plan
for expected completion of the plan; in no case may the hearing be held any
later than six months from the date of the last court order.

(
3)
After the termination of parental rights hearing, the requirements of Section
63-7-2580
must be met. Permanency planning hearings must be held annually,
starting with the date of the termination of parental rights hearing. No
further permanency planning hearings may be required after filing a decree of
adoption of the child or an order establishing legal guardianship.

(
4)
If the court places custody or guardianship with the parent, extended family
member, or suitable nonrelative and a period of services and supervision is
authorized, services and supervision automatically terminate on the date
specified in the court order. Before the termination date, the department or
the guardian ad litem may file a petition with the court for a review hearing
on the status of the placement. Filing of the petition stays termination of
the case until further order from the court. If the court finds clear and
convincing evidence that the child will be threatened with harm if services and
supervision do not continue, the court may extend the period of services and
supervision for a specified time. The court's order must specify the services
and supervision necessary to reduce or eliminate the risk of harm to the child.

(
5)
If the child is retained in foster care pursuant to a plan other than one
described in items (1) through (4), future permanency planning hearings must be
held at least annually.

S
ECTION 7.
S
ection
63-7-1710
(B) of the S.C. Code is amended to
read:

(
B) Concurrently with filing of the
petition, the department shall seek to identify, recruit, process, and approve
a qualified family for adoption of the child if an adoptive family has not yet
been selected and approved.

S
ECTION 8.
S
ection
63-7-2550
of the S.C. Code is amended to read:

S
ection
63-7-2550
.
(
A)
A summons and petition for termination of parental
rights must be filed with the court and served on:

(
1)
the child, if the child is fourteen years of age or older;

(
2)
the child's guardian ad litem, appointed pursuant to Section
63-7-2560
(B), if
the child is under fourteen years of age;

(
3)
the parents of the child; and

(
4)
an agency with placement or custody of the child.

(
B) The right of an unmarried
biological father, as defined in Section
63-9-820
, to receive notice of a
termination of parental rights action must be governed by the notice provisions
of Section
63-9-730
(B)(1), (3), (4), (5), and (6), and Subarticle 8, Chapter 9.

S
ECTION 9.
S
ection
63-7-2570
(1) of the S.C. Code is amended to
read:

(
1) The child or another child while
residing in the parent's domicile has been harmed as defined in Section 63
-
7
-
20, and because of the severity or repetition of
the abuse or neglect,
it is not reasonably likely that the
home can be made safe within twelve months
the
home, at the time the termination of parental rights case is initiated, is not
safe for the return of the child
. In determining

the likelihood that the home can be made
whether
the home is
safe, the parent's previous abuse or neglect of the child or
another child may be considered.

S
ECTION 10.
S
ection
63-9-730
of the S.C. Code is amended to read:

S
ection
63-9-730
.
(
A) Notice of any
proceeding initiated pursuant to this article must be given to the persons or
agencies specified in subsection (B) of this section, unless the person has
given consent or relinquishment or parental rights have been terminated.

(
B)
The following persons or agencies are entitled to notice as provided in
subsection (A):

(
1)
a person adjudicated by a court in this State to be the father of the child;

(
2)
a person or agency required to give consent or relinquishment pursuant to
Section
63-9-310
(A) or (B) from whom consent or relinquishment cannot be
obtained;

(
3)
a person who has properly registered with the Responsible Father Registry at
the time of the filing of the petition for termination of parental rights or
adoption;

(
4)
a person who is recorded on the child's birth certificate as the child's
father. The
Department of Health and Environmental Control

Department of Public Health
shall release
this information to any attorney representing a party in an adoption or
termination of parental rights action pursuant to a subpoena;

(
5)
a person who is openly living with the child or the child's mother, or both, at
the time the proceeding is initiated and who is holding himself out to be the
child's father;

(
6)
a person who has been identified as the child's father by the mother in a
sworn, written statement; and

(
7)
a person from whom consent or relinquishment is not required pursuant to
Section
63-9-320
(A)(2).

(
C)
Persons specified in subsection (B) of this section are not entitled to notice
if the child who is the subject of the adoption proceeding was conceived as a
result of criminal sexual conduct or incest.

(
D)
Any person or agency entitled to notice pursuant to this section must be given
notice that adoption proceedings have been initiated. Notice must be given in
the manner prescribed by law for personal service of summons in civil actions.
If notice cannot be effected by personal service, notice may be given by
:

(
1)

publication
of the summons in which the requested relief
of termination of parental rights, or adoption, or both, is set forth;
or

by

(
2)
the
manner the court decides will provide notice.

(
E)
Notice given pursuant to this section must include notice of the following:

(
1)
within thirty days of receiving notice the person or agency shall respond in
writing by filing with the court in which the adoption is pending notice and
reasons to contest, intervene, or otherwise respond;

(
2)
the court must be informed of the person's or agency's current address and of
any changes in address during the adoption proceedings; and

(
3)
failure to file a response within thirty days of receiving notice constitutes
consent to adoption of the child and forfeiture of all rights and obligations
of the person or agency with respect to the child.

(
F)
When notice of intent to contest, intervene, or otherwise respond is filed with
the court within the required time period, the person or agency must be given
an opportunity to appear and to be heard before the final hearing on the merits
of the adoption.

(
G)
Petitioners must be notified by the court of notice and reasons to contest,
intervene, or otherwise respond, and petitioners also must be given the
opportunity to be represented or to appear and to be heard at any hearing held
relating to the adoption.

S
ECTION 11.
S
ection
63-9-760
of the S.C. Code is amended to read:

S
ection
63-9-760
.
(
A) After the final
decree of adoption is entered, the relationship of parent and child and all the
rights, duties, and other legal consequences of the natural relationship of
parent and child exist between the adoptee, the adoptive parent, and the
kindred of the adoptive parent.

(
B)
After a final decree of adoption is entered, the biological parents of the
adoptee are relieved of all parental responsibilities and have no rights over
the adoptee.

(
C)
Notwithstanding any other provision to the contrary in this section, the
adoption of a child by an adoptive parent does not in any way change the legal
relationship between the child and either biological parent of the child whose
parental responsibilities and rights are not expressly affected by the final
decree.

(
D)
The validity of the final decree of adoption is not affected by
an
a postadoption
agreement
entered into before
or after
the adoption
.
between adoptive parents and
biological parents concerning visitation, exchange of information, or other
interaction between the child and any other person.
Such an agreement
does not preserve any parental rights with the biological parents and does not
give to them any rights enforceable in the courts of this State.

S
ECTION 12.
S
ection
63-9-820
(E) of the S.C. Code is amended to
read:

(
E) A claim of paternity must be signed
by the registrant and must include:

(
1)
the registrant's name,
including any aliases,
address,
and date of birth;

(
2)
the mother's name and, if known, her address and date of birth;

(
3)
if known, the child's name, place of birth, and date of birth;

(
4)
if known, the date, county, and state of conception of the child; and

(
5)
the date the claim is filed.

S
ECTION 13.
A
rticle 25, Chapter 6, Title 12 of the S.C. Code is
amended by adding:

S
ection
12-6-3595
. There is allowed a tax credit to any resident taxpayer that claims
the federal tax credit for qualified adoption expenses related to a domestic
adoption. This credit may be claimed in the year in which the federal credit is
earned, regardless of the year in which the federal credit is first claimed,
and may be carried forward for the next five tax years. The credit is equal to
one hundred percent of the federal credit earned; however, regardless of the
year in which this credit is claimed, for each child adopted, the credit may
not exceed two thousand five hundred dollars cumulatively for all tax years.
The taxpayer must provide proof of eligibility, including the adoption being
domestic, and amount of the federal credit as well as any other documentation the
department requires.

S
ECTION 14.
S
ection
63-7-2580
(A) of the S.C. Code is amended to
read:

(
A) If the court finds that a ground
for termination, as provided for in Section
63-7-2570
, exists, the court may
issue an order forever terminating parental rights to the child. Where the
petitioner is an authorized agency, the court shall place the child in the
custody of the petitioner or other child-placing agency for adoption and shall
require the submission of a plan for permanent placement of the child within
thirty days after the close of the proceedings to the court and to the child's
guardian ad litem. Within an additional sixty days the agency shall submit a
report to the court and to the guardian ad litem on the implementation of the
plan.
The court, on its own motion, may
Following the submission of these reports, the court shall
schedule
a hearing
on a quarterly basis
to review
the
progress
of
on
the implementation of the plan.

S
ECTION 15. This act takes effect upon
approval by the Governor.

----XX----

This web page was last updated on May 8, 2025 at 5:00 PM