Adoption

Adoption

Adoption is a legal process governed by statute and may take several forms. These include the adoption of a child by a relative or unrelated individual, the adoption of a stepchild by a stepparent, the adoption of a child from another country, or even the adoption of an adult. In North Carolina, adoptions may be completed through either an agency placement or a direct placement.

The Adoption Process

General Requirements for Adoption:

  • Residence: Either the adoptee or the adoptive parent(s) must have lived in North Carolina for at least the six months immediately before the petition for adoption is filed OR the adoptee must have lived in North Carolina since birth.
  • Venue: The petition must be filed in the county where:
    • The petitioner lives or is domiciled
    • The adoptee lives
    • The agency that places the child is located
  • Timing: Generally, a petition for adoption must be filed no later than 30 days after the child is placed with the petitioner or North Carolina acquires jurisdiction to hear the petition, whichever occurs later.
  • Consent/Relinquishment: In an agency adoption, the placing parent or guardian must execute a relinquishment, which vests legal and physical custody in the agency. In a direct placement, the placing parent must execute a consent, unless his or her consent is not necessary.
  • Notice: Notice of the adoption proceeding must be served no later than 30 days after filing a petition unless the person entitled to receive notice waives his or her right (See Notice).
  • Report to Court: This is the written report for the court prepared by the agency that placed the minor or by the agency that conducts a pre-placement assessment.
  • Hearing on or Disposition of Petition to Adopt a Minor: A date must be set no later than 90 days after the filing of the petition and must be heard no later than six months after the petition is filed.
  • Adoption Decree: This must conform to the requirements set forth in NCGS §48-2-206.

The Legal Effects of Adoption:

  • Substitutes the adoptive family into the place of the biological family
  • Establishes a relationship of parent and child between the adoptee and the adoptive parent, giving the child the same legal status as a natural child of his or her adoptive parents
  • Severs the relationship of parent and child as to the biological or previous adoptive parents (unless stepparent adoption, which has no effect on the relationship between the child and the spouse of the adoptive stepparent)
Stepparent Adoption

Discussion

In North Carolina, any person over the age of eighteen may adopt another individual, unless the parties are spouses of one another. A child may be placed for adoption either directly through the child’s parent or through a licensed adoption agency. Once a child is placed with the prospective adoptive parent or parents, a petition for adoption must be filed within thirty days. As part of the adoption process, a pre-placement assessment of the petitioner is conducted by the county department of social services or by another agency licensed by the North Carolina Department of Health and Human Services.

Once the required consents and notices are obtained in accordance with Chapter 48 of the North Carolina General Statutes, the agency prepares and files a written report with the court. This report assists the court in determining whether the proposed adoption is in the best interest of the child. Unless the petition is contested or involves an adult adoption, the court may proceed without a formal hearing. If the court determines that the adoption serves the best interests of the adoptee, the petition will be granted. Once the adoption decree is entered, a legal parent-child relationship is established between the adoptee and the adoptive parent, and the adoptee assumes the same legal status as a natural child of the adoptive parent or parents.

EXPERIENCED ADOPTION ATTORNEYS

Adoption is an important legal step that establishes a permanent parent-child relationship and creates lasting family bonds. While the process can be deeply meaningful, it also involves several legal requirements and procedures that must be carefully followed under North Carolina law. The attorneys at Hatcher Law Group are experienced in guiding clients through the adoption process with care, attention to detail, and a clear understanding of the legal steps involved. Contact our office today to schedule a consultation with one of our experienced family law attorneys and learn how we can assist you in navigating the adoption process.