Regulation of Private Domestic Adoption Expenses - South Carolina

Date:

Birth Parent Expenses Allowed

Citation: Ann. Code § 63-9-310(F)

Subject to court approval, payment may be made for the following:

  • Necessary and actual medical costs
  • Reasonable living expenses for the birth mother and the child for a reasonable period of time

Birth Parent Expenses Not Allowed

Citation: Ann. Code § 63-9-740

No assessment is allowed for a cost that does not have a corresponding receipt or that the court considers unreasonable.

Allowable Payments for Arranging Adoption

This issue is not addressed in the statutes reviewed.

Allowable Payments for Relinquishing Child

Citation: Ann. Code § 63-9-310(F)

Under no circumstances may a child-placing agency or any person receive a fee, compensation, or any other thing of value as consideration for giving a consent or relinquishment of a child for the purpose of adoption, and no child-placing agency or person may receive a child for payment of such fee, compensation, or any other thing of value.

Allowable Fees Charged by Department/Agency

Citation: Ann. Code § 63-9-310(F)

Costs may be assessed and payment made, subject to the court's approval, for the following:

  • Fees for investigations and reports
  • Fees to individuals required to take consents or relinquishments
  • Guardian ad litem fees
  • Reasonable attorney's fees and costs for services actually rendered
  • Reasonable fees to child-placing agencies and sending agencies

Accounting of Expenses Required by Court

Citation: Ann. Code §§ 63-9-710(C)(4); 63-9-740

The adoption petition must include a statement of all payments of money or anything of value made within the past 5 years or agreed to be made in the future by or on behalf of the petitioner to any person, agency, or organization connected with the adoption that is other than a disbursement of expenses listed below.

At the final hearing on the adoption, the petitioner shall file a full, itemized accounting of disbursements of anything of value made, agreed to be made, or anticipated being made by or on behalf of the petitioner for expenses incurred or fees for services rendered in connection with the adoption. The accounting must be verified by the petitioner under penalty of perjury. The accounting by the petitioner must include the following:

  • Dates and amounts of disbursements made, agreed to be made, or anticipated being made and by whom the disbursements were or are to be made
  • Names and addresses of persons to whom the disbursements were made or are to be made
  • Services received for the disbursements and by whom the services were received
  • Receipts for reasonable living expenses incurred by the mother and child assessed as costs under § 63-9-310(F)(1)

No assessment is allowed for a cost that does not have a corresponding receipt or is unreasonable.