North Carolina · statute · N.C. Gen. Stat. ch. 48 · 120 active provisions
Legislative findings and intent; construction of Chapter. (a) The General Assembly finds that it is in the public interest to establish a clear judicial process for adoptions, to promote the integrity and finality of adoptions, to encourage prompt, conclusive disposition of adoption proceedings, and to structure servic…
Definitions. In this Chapter, the following definitions apply: (1) "Adoptee" means an individual who is adopted, is placed for adoption, or is the subject of a petition for adoption properly filed with the court. (2) "Adoption" means the creation by law of the relationship of parent and child between two individuals. (…
Parent includes adoptive parent. As used in this Article, the term "parent" includes one who has become a parent by adoption. (1949, c. 300; 1953, c. 880; 1957, c. 778, s. 1; 1961, c. 241; 1969, c. 982; 1971, c. 157, ss. 1, 2; c. 1231, s. 1; 1973, c. 476, s. 138; 1975, c. 321, s. 2; 1977, c. 879, s. 1; 1981, c. 924, s.…
Who may adopt. Any adult may adopt another individual as provided in this Chapter, but spouses may not adopt each other. (1949, c. 300; 1963, c. 699; 1967, c. 619, ss. 1-3; c. 693; c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971, c. 395; c. 1231, s. 1; 1973, c. 849, s. 3; c. 1354, ss. 1-4; 1975, c. 91; 1979, c. 107, s. 6; 198…
Who may be adopted. Any individual may be adopted as provided in this Chapter. (1949, c. 300; 1957, c. 778, s. 2; 1967, c. 880, ss. 2, 3; 1969, c. 21, ss. 3-6; 1971, c. 1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981, c. 657; 1987, c. 716, s. 1; 1989, c. 208; c. 727, s. 219(4); 1993, c. 539, s. 410; c. 553, s. 14; 19…
Name of adoptee after adoption. When a decree of adoption becomes final, the name of the adoptee shall become the name designated in the decree. (1949, c. 300; 1951, c. 730, ss. 1-4; 1955, c. 951, s. 1; 1967, c. 880, s. 3; c. 1042, ss. 1-3; 1969, c. 21, s. 2-6; c. 977; 1971, c. 1231, s. 1; 1973, c. 476, s. 128; c. 849,…
Legal effect of decree of adoption. (a) A decree of adoption effects a complete substitution of families for all legal purposes after the entry of the decree. (b) A decree of adoption establishes the relationship of parent and child between each petitioner and the individual being adopted. From the date of the signing…
Other rights of adoptee. A decree of adoption does not divest any vested property interest owned by the adoptee immediately prior to the decree of adoption including any public assistance benefit or child support payment due on or before the date of the decree. An adoption divests any property interest, entitlement, or…
Adoptees subject to Indian Child Welfare Act. If the individual is an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., then the provisions of that act shall control the individual's adoption. (1995, c. 457, s. 2.)
Adoptees subject to the Hague Adoption Convention. If the adoption of the adoptee is subject to the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention), the provisions of the Hague Adoption Convention shall control the individual's adoptio…
Which agencies may prepare assessments and reports to the court. (a) Except as authorized in subsections (b) and (c) of this section, only a county department of social services in this State or an agency licensed by the Department may prepare preplacement assessments pursuant to Article 3 of this Chapter or reports to…
Support for adoptive families at risk of dissolution. The Department of Health and Human Services shall develop a program to provide needed supports to families at risk of adoption dissolutions in order to keep families together. (2016-115, s. 5.) Article 2. General Adoption Procedure. Part 1. Jurisdiction and Venue.
Jurisdiction. (a) Adoption shall be by a special proceeding before the clerk of superior court. (a1) The district court shall have jurisdiction over post-adoption contact agreements and orders pursuant to Article 9A [Article 9] of Chapter 7B of the General Statutes. (b) Except as provided in subsection (c) of this sect…
Venue. A petition for adoption may be filed with the clerk of the superior court in the county in which: (1) A petitioner lives, or is domiciled, at the time of filing; (2) The adoptee lives; or (3) An office of the agency that placed the adoptee is located. (1949, c. 300; 1967, c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971…
Transfer, stay, or dismissal. (a) If the court, on its own motion or on motion of a party, finds in the interest of justice that the matter should be heard in another county where venue lies under G.S. 48-2-101, the court may transfer, stay, or dismiss the proceeding. (b) If an adoptee is also the subject of a pending…
Appointment of attorney or guardian ad litem. (a) The court may appoint an attorney to represent a parent or alleged parent who is unknown or whose whereabouts are unknown and who has not responded to notice of the adoption proceeding as provided in Part 4 of this Article. (b) The court on its own motion may appoint an…
No right to jury. All proceedings under this Chapter must be heard by the court without a jury. (1995, c. 457, s. 2.)
Confidentiality of proceedings under Chapter. A judicial hearing in any proceeding pursuant to this Chapter shall be held in closed court. (1995, c. 457, s. 2.)
Death of a joint petitioner or stepparent pending final decree. (a) When spouses have petitioned jointly to adopt and one spouse dies before entry of a final decree, the adoption may proceed in the names of both spouses. Upon completion of the adoption, the name of the deceased spouse shall be entered as one of the ado…
Recognition of adoption decrees from other jurisdictions. A final adoption decree issued by any other state must be recognized in this State. Where a minor child has been previously adopted in a foreign country by a petitioner or petitioners seeking to readopt the child under the laws of North Carolina, the adoption or…
Prebirth determination of right to consent. (a) At any time after approximately three months from the date of conception as reasonably determined by a physician, the biological mother, agency, or adoptive parents chosen by the biological mother may file a special proceeding with the clerk requesting the court to determ…
Necessity of consent post-petition. (a) If any individual who is described in G.S. 48-3-601 or entitled to notice under G.S. 48-2-401(c)(3) is served with notice of the filing of the petition in accordance with G.S. 48-2-402 and fails to respond within the time specified in the notice, the court, upon motion by the pet…
Petition for adoption; who may file. (a) A prospective adoptive parent may file a petition for adoption pursuant to Article 3 of this Chapter only if a minor has been placed with the prospective adoptive parent pursuant to Part 2 of Article 3 of this Chapter unless the requirement of placement is waived by the court fo…
Concurrent petitions to adopt and terminate parental rights. (a) Repealed by Session Laws 2012-16, s. 1, effective October 1, 2012. (b) Repealed by Session Laws 2013-236, s. 4, effective July 3, 2013. (c) A petition for adoption may be filed concurrently with a petition to terminate parental rights. (1949, c. 300; 1957…
Caption of petition for adoption. The caption of the petition shall be substantially as follows: STATE OF NORTH CAROLINA IN THE DISTRICT COURT COUNTY BEFORE THE CLERK | *(Full name of petitioning father) | and | | PETITION FOR ADOPTION *(Full name of petitioning mother) | and | FOR THE ADOPTION OF | | *(Full name by wh…