Frequently Asked Questions

The answer to this question depends on a number of factors. Is this a domestic or international adoption? Are you working through a private agency, the foster care system, or no agency at all?

It’s difficult to predict exactly what costs will be, but a ballpark figure for a domestic infant adoption is somewhere between $15,000 and $40,000 or more depending on a variety of factors including services provided, travel expenses, birthmother expenses, requirements in the state, and other factors. An international adoption may cost between $20,000 and $40,000.  Adoption of a child you already know—such as a grandchild or stepchild—may cost $4,000 to $8,000.  The fees for adopting a child out of the foster care system are typically covered by the State, so normally, there are no fees associated with a foster care adoption.

Please note that these are estimations of the total cost of the adoption process. Legal fees are only a part of this. 

If these numbers seem overwhelming, don’t lose hope. In many cases there is financial aid available—see the next question.

Yes. Here are a few we recommend looking into first:

Federal tax credits

In years past there have been tax credits for families who adopt a child within the previous calendar year. For adoptions finalized in 2020, there is a federal adoption tax credit of up to $14,300 per child. The 2020 adoption tax credit is NOT refundable, which means taxpayers can only get the credit refunded if they have federal income tax liability.

Not all adoptions will qualify for the adoption tax credit.

Additional information on the tax benefit and the changes for 2020 is available through the North American Council on Adoptable Children.

Private charities

Some private organizations exist to help finance adoptions. Some that we are aware of include:

• ABBA Fund: provides interest-free loans to Christian couples who meet certain criteria
• Brittany’s Hope: provides grants for international, special needs, older children and sibling adoptees
• National Adoption Foundation: provides grants, loans and other funding to prospective adoptive parents

Employee benefits

Many companies are beginning to offer adoption benefits to their employees. The company may reimburse some of the adoption expenses paid by the employee, or they may offer paid adoption leave. Check with your Human Resources department to see if your company provides adoption benefits.

The process varies depending on the type of adoption, but in general the steps needed to adopt are as follows:

• Home Study
• Match with child
• Relinquishment and placement
• Post placement
• Finalization: court process

For private adoption, the entire adoption process generally takes 1-2 years; however, each specific case can vary.

For relative and stepparent adoptions, the time frame depends on whether the case is contested.  An uncontested action can take 8-12 weeks, but a contested action can take considerably longer.

Probate is the process of administering a person’s estate (all of the assets owned by the deceased) after their death.

If someone passes away and they own real property (for example a house or lot of land) and/or personal property (for example money in a bank account, cars, boats, farm equipment, etc) valued over $25,000, then their assets will have to be probated unless they have done proper estate planning to keep their assets out of probate.

South Carolina controls when someone passes away without a will.  This is called passing away intestate.  If someone is married but has no children, then the spouse will inherit 100%.  If a person is married and has children, the spouse will inherit 50% and the children (whether they are minors or adults) will divide the other 50% of the assets.

If you cannot find the original will, you have a couple of choices.  One option would be to hire our law firm to represent you in petitioning the probate court to accept a copy of a will.  Alternatively, you can petition the court to probate the assets under South Carolina’s intestacy statutes.

The Personal Representative is responsible for collecting, protecting and administering the estate. This includes giving Notice to all interested parties, filing an Inventory of the estate, making sure assets are secure during probate time, paying required claims and costs, and making sure the proper people get what they are entitled to receive.