NORTHCAROLINA

 Any person over 18 years of age who has lived in North Carolina for 6 monthsmay adopt. A husband and wife must jointly adopt. If the person seeking toadopt is the stepparent, then the spouse does not need to join in the adoption.If the prospective adoptive parent is the biological parent or stepparent, thisperson may adopt even if they are younger than 18 years of age.

Who Can Be Adopted?

 Any person can be adopted.

Consent to Adoption

 Written consent is required of the following parties:

 (1) both natural parents, even if minors, or the child's guardian;

 if the parent cannot be found after diligent efforts have been made thatfact must be made known to the court;

 (2) the spouse, in a stepparent adoption case;

 (3) a court-appointed person, where the court determines that the parent isnot qualified to consent;

 (4) the adoptee, if 12 years of age or older; and

 (5) a putative father, if

 paternity has been judicially established,

 the child has been legitimized either by marriage to the mother or apetition for legitimization has been filed,

 the putative father has provided substantial financial support or consistentcare to the child and mother, or

 he has filed an acknowledgment of paternity with a central registry.

 Consent is not required of

 (1) a parent whose parental rights have been terminated;

 (2) a parent who has surrendered the child to a child-placing agency;

 (3) a parent who is judged to be mentally incompetent;

 (4) a parent who has been given notice of the hearing and has not appeared norconsented to the adoption;

 (5) a putative father who has denied paternity or waives his rights to thechild (any determinations that the adoption may proceed without the putativefather's consent can only be made after he has been given notice of thehearing); or

 (6) the husband who is divorced from the mother of the child begotten duringthe period of separation.

 Once consent is given it may not be revoked after an interlocutory decree orthe final order of adoption has been entered, after 30 days from the date ofgiving consent, or after 30 days of giving general consent to a child-placingagency. Revocation of consent must be made in writing.

Confidentiality

 Records from adoption proceedings are not open to public inspection, exceptupon a court order. Certain nonidentifying information may be given to theadoptive parents or guardian, or the adoptee who is 21 years of age, includingdate of birth of adoptee and age, heritage, education, and general appearanceof biological parents. In addition, if available, the adoptive parents, orlegal guardian of any minor adoptee shall receive, before the adoption isfinalized, the medical and health history of biological parents. The adopteemay also receive this information upon written request. No reference can bemade in the adoption records to the biological parent's marital status, norshall reference be made as to whether the adoptee was born out of wedlock.

 Any necessary information within the closed adoption files may be releasedupon written request if the judge determines it to be in the best interests ofthe child.

Permissible Fees

 No person, agency, association, corporation, institution, society, or otherorganization, except a licensed child-placing agency or a county department ofsocial services shall offer, give, charge, or accept a fee or any kind ofcompensation for receiving or placing, arranging placement of, or assisting inthe placement of any child for adoption.

 Adoptive parents may pay the reasonable and actual medical expenses incurredby the biological mother incident to the birth of the child. Adoptive parentsmust disclose the amount of payments and represent that there were no gifts orpayments of other fees or promises to pay any other fees.

Place of Adoption Hearing

 The adoption hearing shall take place in the county where the adoptive parentsor adoptee live, where the child lived when it was placed in custody of thechild-placing agency, or where the child-placing agency is located. Thehearing may take place in any other county unless the biological parent or anyperson having legal custody of the child objects within 30 days.

Authority To Place Child

 Any agency operated under a license to place children for adoption issued bythe Department of Human Resources shall have authority to place a child foradoption.

Relative Adoption

 The State residency requirement and probationary period are waived in the caseof stepparent or grandparent adoptions.

 The requirements of notification does not apply to director of County SocialServices, or placements with a child's relative.

Advertisements

 No person, agency, association, corporation, society or other organization,except a licensed child placing agency, a county Department of Social Services,or the Department of Human Resources, shall publish, transmit, broadcast orotherwise distribute any advertisement of any type whatsoever which solicitsthe receiving or placing of children for adoption or which solicits the custodyof children.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

North Carolina Bar Association
P.O. Box 25908
Raleigh, NC 27611
(919) 828-4620

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