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North Carolina
Family Law Statutes
§§ 48-1 through
48-38: Repealed by Session Laws 1995, c. 457, s. 1.
Chapter 48.
Adoptions.
Article 1.
General Provisions.
§ 48-1-100. 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 services to adopted children, biological parents, and
adoptive parents that will provide for the needs and protect the
interests of all parties to an adoption, particularly adopted
minors.
(b) With special regard for the adoption of minors, the General
Assembly declares as a matter of legislative policy that:
(1) The primary purpose of this Chapter
is to advance the welfare of minors by (i) protecting minors from
unnecessary separation from their original parents, (ii)
facilitating the adoption of minors in need of adoptive placement
by persons who can give them love, care, security, and support,
(iii) protecting minors from placement with adoptive parents unfit
to have responsibility for their care and rearing, and (iv)
assuring the finality of the adoption; and
(2) Secondary purposes of this Chapter are (i) to protect
biological parents from ill-advised decisions to relinquish a
child or consent to the child's adoption, (ii) to protect adoptive
parents from assuming responsibility for a child about whose
heredity or mental or physical condition they know nothing, (iii)
to protect the privacy of the parties to the adoption, and (iv) to
discourage unlawful trafficking in minors and other unlawful
placement activities.
(c) In construing this Chapter, the needs, interests, and
rights of minor adoptees are primary. Any conflict between the
interests of a minor adoptee and those of an adult shall be
resolved in favor of the minor.
(d) This Chapter shall be liberally construed and applied to
promote its underlying purposes and policies. (1949, c. 300; 1983,
c. 454, ss. 1, 6; 1995, c. 457, s. 2.)
§ 48-1-101. 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.
(3) "Adult" means an individual who has attained 18
years of age, or if under the age of 18, is either married or has
been emancipated under the applicable State law.
(3a) "Adoption facilitator" means an individual or a
nonprofit entity that assists biological parents in locating and
evaluating prospective adoptive parents without charge.
(4) "Agency" means a public or private association,
corporation, institution, or other person or entity that is
licensed or otherwise authorized by the law of the jurisdiction
where it operates to place minors for adoption. "Agency"
also means a county department of social services in this State.
(4a) "Agency identified adoption" means a placement
where an agency has agreed to place the minor with a prospective
adoptive parent selected by the parent or guardian.
(5) "Child" means a son or daughter, whether by birth or
adoption.
(5a) "Criminal history" means a county, State, or
federal criminal history of conviction or a pending indictment of
a crime, whether a misdemeanor or a felony, that bears upon an
individual's fitness to have responsibility for the safety and
well-being of children, including the following North Carolina
crimes contained in any of the following Articles of Chapter 14 of
the General Statutes: Article 6, Homicide; Article 7A, Rape and
Kindred Offenses; Article 8, Assaults; Article 10, Kidnapping and
Abduction; Article 13, Malicious Injury or Damage by Use of
Explosive or Incendiary Device or Material; Article 26, Offenses
Against Public Morality and Decency; Article 27, Prostitution;
Article 39, Protection of Minors; Article 40, Protection of the
Family; and Article 59, Public Intoxication. Such crimes also
include possession or sale of drugs in violation of the North
Carolina Controlled Substances Act, Article 5 of Chapter 90 of the
General Statutes, and alcohol-related offenses such as sale to
underage persons in violation of G.S. 18B-302 or driving while
impaired in violation of G.S. 20-138.1 through G.S. 20-138.5. In
addition to the North Carolina crimes listed in this subdivision,
such crimes also include similar crimes under federal law or under
the laws of other states.
(6) "Department" means the North Carolina Department of
Health and Human Services.
(7) "Division" means the Division of Social Services of
the Department.
(8) "Guardian" means an individual, other than a parent,
appointed by a clerk of court in North Carolina to exercise all of
the powers conferred by G.S. 35A-1241, including a standby
guardian appointed under Article 21 of Chapter 35A of the General
Statutes whose authority has actually commenced; and also means an
individual, other than a parent, appointed in another jurisdiction
according to the law of that jurisdiction who has the power to
consent to adoption under the law of that jurisdiction.
(9) "Legal custody" of an individual means the general
right to exercise continuing care of and control over the
individual as authorized by law, with or without a court order,
and:
a. Includes the right and the duty to
protect, care for, educate, and discipline the individual;
b. Includes the right and the duty to provide the individual with
food, shelter, clothing, and medical care; and
c. May include the right to have physical custody of the
individual.
(10) "Minor" means an
individual under 18 years of age who is not an adult.
(11) "Party" means a petitioner, adoptee, or any person
whose consent to an adoption is necessary under this Chapter but
has not been obtained.
(12) "Physical custody" means the physical care of and
control over an individual.
(13) "Placement" means transfer of physical custody of a
minor to the selected prospective adoptive parent. Placement may
be either:
a. Direct placement by a parent or the
guardian of the minor; or
b. Placement by an agency.
(14) "Preplacement
assessment" means a document, whether prepared before or
after placement, that contains the information required by G.S.
48-3-303 and any rules adopted by the Social Services Commission.
(15) "Relinquishment" means the voluntary surrender of a
minor to an agency for the purpose of adoption.
(16) "Report to the court" means a document prepared in
accordance with G.S. 48-2-501, et seq.
(17) "State" means a state as defined in G.S. 12-3(11).
(18) "Stepparent" means an individual who is the spouse
of a parent of a child, but who is not a legal parent of the
child. (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. 1; 1985, c. 758, s. 4; 1995, c. 457, s. 2; 1997-215, s. 11(e);
1997-443, s. 11A.118(a); 1998-229, s. 12; 2001-150, s. 1.)
§ 48-1-102. 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. 1; 1985, c. 758, s. 4; 1995,
c. 457, s. 2.)
§ 48-1-103. 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; 1981, c. 657;
1983, c. 454, s. 6; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553,
s. 14; 1995, c. 457, s. 2.)
§ 48-1-104. 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; 1994, Ex. Sess., c. 24, s.
14(c); 1995, c. 457, s. 2.)
§ 48-1-105. 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, ss. 1-3; 1975, c. 91; 1981, c.
657; 1983, c. 454, s. 6; 1989, c. 208; c. 727, s. 219(3), (4);
1993, c. 553, s. 14; 1995, c. 457, s. 2.)
§ 48-1-106. 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 of the decree, the adoptee
is entitled to inherit real and personal property by, through, and
from the adoptive parents in accordance with the statutes on
intestate succession and has the same legal status, including all
legal rights and obligations of any kind whatsoever, as a child
born the legitimate child of the adoptive parents.
(c) A decree of adoption severs the relationship of parent and
child between the individual adopted and that individual's
biological or previous adoptive parents. After the entry of a
decree of adoption, the former parents are relieved of all legal
duties and obligations due from them to the adoptee, except that a
former parent's duty to make past-due payments for child support
is not terminated, and the former parents are divested of all
rights with respect to the adoptee.
(d) Notwithstanding any other provision of this section, neither
an adoption by a stepparent nor a readoption pursuant to G.S.
48-6-102 has any effect on the relationship between the child and
the parent who is the stepparent's spouse.
(e) In any deed, grant, will, or other written instrument executed
before October 1, 1985, the words "child",
"grandchild", "heir", "issue",
"descendant", or an equivalent, or any other word of
like import, shall be held to include any adopted person after the
entry of the decree of adoption, unless a contrary intention
plainly appears from the terms of the instrument, whether the
instrument was executed before or after the entry of the decree of
adoption. The use of the phrase "hereafter born" or
similar language in any such instrument to establish a class of
persons shall not by itself be sufficient to exclude adoptees from
inclusion in the class. In any deed, grant, will, or other written
instrument executed on or after October 1, 1985, any reference to
a natural person shall include any adopted person after the entry
of the decree of adoption unless the instrument explicitly states
that adopted persons are excluded, whether the instrument was
executed before or after the entry of the decree of adoption.
(f) Nothing in this Chapter deprives a biological grandparent of
any visitation rights with an adopted minor available under G.S.
50-13.2(b1), 50-13.2A, and 50-13.5(j). (1949, c. 300; 1953, c.
824; 1955, c. 813, s. 5; 1957, c. 778, s. 5; 1963, c. 967; 1967,
c. 619, s. 5; c. 880, s. 3; 1969, c. 21, ss. 3-6; c. 911, s. 6;
1971, c. 1093, s. 13; c. 1231, s. 1; 1973, c. 849, s. 3; c. 1354,
s. 5; 1975, c. 91; 1981, c. 657; 1983, c. 30; c. 454, ss. 2, 6;
1985, c. 67, ss. 1-4; c. 575, s. 1; 1989, c. 208; c. 727, s.
219(4); 1993, c. 553, s. 14; 1995, c. 457, s. 2.)
§ 48-1-107. 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 other interest
contingent on an ongoing family relationship with the adoptee's
former family. (1949, c. 300; 1953, c. 824; 1955, c. 813, s. 5;
1963, c. 967; 1967, c. 619, s. 5; c. 880, s. 3; 1969, c. 21, ss.
3-6; 1971, c. 1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981,
c. 657; 1983, c. 454, s. 6; 1985, c. 67, ss. 1-4; c. 575, s. 1;
1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c.
457, s. 2.)
§ 48-1-108. 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.)
§ 48-1-109. 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
the court pursuant to Article 2 of this Chapter.
(b) A preplacement assessment prepared in another state may be
used in this State only if:
(1) The prospective adoptive parent
resided in the state where it was prepared; and
(2) The person or entity that prepared it was authorized by the
law of that state to gather the necessary information.
An assessment prepared in another state that does not meet the
requirements of this section and G.S. 48-3-303(c) through (h) must
be updated by a county department of social services in this State
or an agency licensed by the Department before being used in this
State.
(c) An order for a report to the court must be sent to a county
department of social services in this State or an agency licensed
by the Department. If the petitioner moves to a different state
before the agency completes the report, the agency shall request a
report from an agency authorized to prepare such reports in the
petitioner's new state of residence pursuant to the Interstate
Compact on the Placement of Children, Article 38 of Chapter 7B of
the General Statutes. (1949, c. 300; 1961, c. 186; 1969, c. 982;
1973, c. 476, s. 138; 1983, c. 454, s. 5; 1991, c. 335, s. 2;
1995, c. 457, s. 2; 1998-202, s. 13(h).)
Article 2.
General Adoption Procedure.
Part 1. Jurisdiction and Venue.
§ 48-2-100. Jurisdiction.
(a) Adoption shall be by a special proceeding before the clerk
of superior court.
(b) Except as provided in subsection (c) of this section,
jurisdiction over adoption proceedings commenced under this
Chapter exists if, at the commencement of the proceeding:
(1) The adoptee has lived in this State
for at least the six consecutive months immediately preceding the
filing of the petition or from birth, and the prospective adoptive
parent is domiciled in this State; or
(2) The prospective adoptive parent has lived in or been domiciled
in this State for at least the six consecutive months immediately
preceding the filing of the petition.
(c) The courts of this State shall not exercise jurisdiction
under this Chapter if at the time the petition for adoption is
filed, a court of any other state is exercising jurisdiction
substantially in conformity with the Uniform Child-Custody
Jurisdiction and Enforcement Act, Article 2 of Chapter 50A of the
General Statutes. (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. 233, s.
1; c. 395; c. 1231, s. 1; 1973, c. 849, s. 3; c. 1354, ss. 1-4;
1975, c. 91; 1979, c. 107, s. 6; 1981, c. 657; 1983, c. 454, s. 6;
1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 88,
ss. 3, 4; c. 457, s. 2; 1999-223, s. 8.)
§ 48-2-101. 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, c.
233, s. 1; c. 1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981,
c. 657; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14;
1995, c. 88, s. 4; c. 457, s. 2.)
§ 48-2-102. 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 proceeding
under Chapter 7B of the General Statutes, then the district court
having jurisdiction under Chapter 7B shall retain jurisdiction
until the final order of adoption is entered. The district court
may waive jurisdiction for good cause. (1949, c. 300; 1971, c.
233, s. 1; 1995, c. 88, s. 4; c. 457, s. 2; 1998-202, s. 13(i).)
Part 2. General Procedural Provisions.
§ 48-2-201. 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 attorney or a
guardian ad litem to represent the interests of the adoptee in a
contested proceeding brought under this Chapter. (1995, c. 457, s.
2.)
§ 48-2-202. No right to jury.
All proceedings under this Chapter must be heard by the court
without a jury. (1995, c. 457, s. 2.)
§ 48-2-203. 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.)
§ 48-2-204. Death of a joint petitioner pending final
decree.
When spouses have petitioned jointly to adopt and one spouse dies
before entry of a final decree, the adoption may nevertheless
proceed in the names of both spouses. The name of the deceased
spouse shall be entered as one of the adoptive parents on the new
birth certificate prepared pursuant to Article 9 of this Chapter,
and for purposes of inheritance, testate or intestate, the adoptee
shall be treated as a child of the deceased. (1949, c. 300; 1995,
c. 457, s. 2.)
§ 48-2-205. Recognition of adoption decrees from other
jurisdictions.
A final adoption decree issued by any other state must be
recognized in this State. Where a child has been previously
adopted in a foreign country by petitioners seeking to readopt the
child under the laws of North Carolina, the adoption order entered
in the foreign country may be accepted in lieu of the consent of
the biological parent or parents or the guardian of the child to
the readoption. (1975, c. 262; 1983, c. 454, s. 6; 1995, c. 457,
s. 2.)
§ 48-2-206. Prebirth determination of right to consent.
(a) At any time after six 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
determine whether consent of the biological father is required.
The biological father shall be served with notice of the intent of
the biological mother to place the child for adoption, allowing
the biological father 15 days after service to assert a claim that
his consent is required.
(b) The notice required under subsection (a) of this section shall
contain the special proceeding case caption and file number and
shall be substantially similar to the following language:
"[Name of the biological mother], the biological mother, is
expected to give birth to a child on or about [birth due date].
You have been identified as the biological father. It is the
intention of the biological mother to place the child for
adoption. It is her belief that your consent to the adoption is
not required. If you believe your consent to the adoption of this
child is required pursuant to G.S. 48-3-601, you must notify the
court in writing no later than 15 days from the date you received
this notice that you believe your consent is required. A copy of
your notice to the court must also be sent to the person or agency
that sent you this notice. If you fail to notify the court within
15 days that you believe your consent is required, the court will
rule that your consent is not required."
(c) If the biological father fails to respond within the time
required, the court shall enter an order that the biological
father's consent is not required for the adoption. A biological
father who fails to respond within the time required under this
section is not entitled to notice under G.S. 48-2-401(c) of an
adoption petition filed within three months of the birth of the
minor or to participate in the adoption proceeding.
(d) If the biological father notifies the court within 15 days of
his receipt of the notice required by subsection (a) of this
section that he believes his consent to the adoption is required,
on motion of the petitioner, the court shall hold a hearing to
determine whether the consent of the biological father is
required. Promptly on receipt of the petitioner's motion, the
court shall set a date for the hearing no earlier than 60 days nor
later than 70 days after the biological father received the notice
required by subsection (a) of this section and shall notify the
petitioner and the biological father of the date, time, and place
of the hearing. The notice of hearing to the biological father
shall include a statement substantially similar to the following:
"To the biological father named above: You have told the
court that you believe your consent is necessary for the adoption
of the child described in the notice sent to you earlier. This
hearing is being held to decide whether your consent is in fact
necessary. Before the date of the hearing, you must have taken
steps under G.S. 48-3-601 to establish that your consent is
necessary or this court will decide that your consent is not
necessary and the child can be adopted without it."
During the hearing, the court may take such evidence as necessary
and enter an order determining whether or not the consent of the
biological father is necessary. If the court determines that the
consent of the biological father is not required, that individual
is not entitled to receive notice under G.S. 48-2-401(c) of an
adoption petition filed within three months of the birth of the
minor or to participate in the adoption proceeding.
(e) The manner of service under this section shall be the same as
set forth in G.S. 48-2-402.
(f) The jurisdiction provisions of Article 6A of Chapter 1 of the
General Statutes and the venue provisions of Article 7 of Chapter
1 of the General Statutes rather than the provisions of Part 1 of
this Article apply to proceedings under this section.
(g) Computation of periods of time provided for in this section
shall be calculated as set forth in G.S. 1A-1, Rule 6.
(h) Transfer under G.S. 1-301.2 and appeal under G.S. 1-279.1
shall be as for an adoption proceeding.
(i) A determination by the court under this section that the
consent of the biological father is not required shall only apply
to an adoption petition filed within three months of the birth of
the minor. (1997-215, s. 14; 2002-159, s. 11; 2005-166, s. 1.)
§ 48-2-207. Necessity of consent post-petition.
(a) If any individual described in 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 petitioner, shall
enter an order under G.S. 48-3-603(a)(7) that the individual's
consent is not required for the adoption.
(b) The court shall hold a hearing to take evidence and determine
whether an individual's consent to an adoption is required if any
of the following:
(1) Any individual described in G.S.
48-2-401(c)(3) who has been served with notice of the filing of
the petition in accordance with G.S. 48-2-402 notifies the court
within the time specified in the notice that he believes his
consent to the adoption is required.
(2) Any individual who has not been served with the notice of the
filing of the petition intervenes in the adoption proceeding
alleging that his or her consent to the adoption is required.
(c) If the court determines that the consent of any individual
is required, the adoption cannot proceed until such individual's
consent is obtained or such individual's parental rights are
terminated. If the individual whose consent is required did not
have physical custody of the minor immediately prior to the
placement of the minor with the prospective adoptive parents, a
finding that such individual's consent is required does not
entitle such individual to physical custody of the minor.
(d) If the court determines that the consent of any individual
described in G.S. 48-2-401(c)(3) is not required, such individual
shall not be entitled to receive notice of, or to participate in,
further proceedings in the adoption. (2005-166, s. 2.)
Part 3. Petition for Adoption.
§ 48-2-301. 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 for cause.
(b) Except as authorized by Articles 4 and 6 of this Chapter, the
spouse of a petitioner must join in the petition, unless the
spouse has been declared incompetent or unless this requirement is
otherwise waived by the court for cause.
(c) If the individual who files the petition is unmarried, no
other individual may join in the petition. (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; 1981, c. 657; 1983, c. 454,
s. 6; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995,
c. 88, s. 3; c. 457, s. 2.)
§ 48-2-302. Time for filing petition.
(a) Except for petitions filed pursuant to Articles 4 and 6 of
this Chapter, a petition for adoption must be filed no later than
30 days after a minor is placed with the petitioner or this State
acquires jurisdiction to hear the petition, whichever is later,
unless the court extends the time for filing.
(b) If a petition is not filed in accordance with subsection (a)
of this section, any person may notify the county department of
social services for appropriate action.
(c) A petition for adoption may be filed concurrently with a
petition to terminate parental rights. (1949, c. 300; 1957, c. 90;
c. 778, s. 3; 1971, c. 1185, s. 17; 1975, c. 321, s. 1; 1977, c.
879, s. 2; 1979, c. 107, s. 7; 1985, c. 758, ss. 5-9; 1987, c.
371, s. 1; 1995, c. 457, s. 2.)
§ 48-2-303. 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 which the adoptee is to be known if the adoption is
granted). (1949, c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476,
s. 138; 1995, c. 88, s. 5; c. 457, s. 2; 1997-215, s. 9(d).)
§ 48-2-304. Petition for adoption; content.
(a) The original petition for adoption must be signed and
verified by each petitioner, and the original and two exact or
conformed copies shall be filed with the clerk of court. The
petition shall state:
(1) Each petitioner's full name,
current address, place of domicile if different from current
address, and whether each petitioner has resided or been domiciled
in this State for the six months immediately preceding the filing
of the petition;
(2) The marital status and gender of each petitioner;
(3) The sex and, if known, the date and state or country of birth
of the adoptee;
(4) The full name by which the adoptee is to be known if the
petition is granted;
(5) That the petitioner desires and agrees to adopt and treat the
adoptee as the petitioner's lawful child; and
(6) A description and estimate of the value of any property of the
adoptee.
(b) Any petition to adopt a minor shall also state:
(1) The length of time the adoptee has
been in the physical custody of the petitioner.
(2) If the adoptee is not in the physical custody of the
petitioner, the reason why the petitioner does not have physical
custody and the date and manner in which the petitioner intends to
acquire custody.
(3) That the petitioner has the resources, including those
available under a subsidy for an adoptee with special needs, to
provide for the care and support of the adoptee.
(4) Any information required by the Uniform Child-Custody
Jurisdiction and Enforcement Act, Article 2 of Chapter 50A of the
General Statutes, which is known to the petitioner.
(5) That any required assessment has been completed or updated
within the 18 months before the placement.
(6) That all necessary consents, relinquishments, or terminations
of parental rights have been obtained and will be filed as
additional documents with the petition; or that the necessary
consents, relinquishments, and terminations of parental rights
that have been obtained will be filed as additional documents with
the petition, along with the document listing the names of any
other individuals whose consent, relinquishment, or termination of
rights may be necessary but has not been obtained.
(c) A petition to adopt a minor under Article 3 of this Chapter
shall also state all of the following:
(1) A description of the source of
placement and the date of placement of the adoptee with the
petitioner.
(2) That the provisions of the Interstate Compact on the Placement
of Children, Article 38 of Chapter 7B of the General Statutes,
were followed if the adoptee was brought into this State from
another state for purposes of adoption, or that a statement is
attached describing the circumstances of any noncompliance.
(d) A petition to adopt a minor under Article 4 of this Chapter
shall also state:
(1) The date of the petitioner's
marriage, the name of the petitioner's spouse, and whether the
spouse is deceased or has been adjudicated incompetent;
(2) The length of time the petitioner's spouse or the petitioner
has had legal custody of the adoptee and the circumstances under
which custody was acquired; and
(3) That the adoptee has resided primarily with the petitioner or
with the petitioner and the petitioner's spouse during the six
months immediately preceding the filing of the petition.
(e) Any petition to adopt an adult shall also state:
(1) The name, age, and last known
address of any child of the prospective adoptive parent, including
a child previously adopted by the prospective adoptive parent or
the adoptive parent's spouse, and the date and place of the
adoption; and
(2) The name, age, and last known address of any living parent,
spouse, or child of the adoptee.
(f) The Department may promulgate a standard adoption petition.
(1949, c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138;
1995, c. 88, s. 5; c. 457, s. 2; 1998-202, s. 13(k); 1999-223, s.
9; 2001-150, s. 2; 2005-166, s. 3.)
§ 48-2-305. Petition for adoption; additional documents.
At the time the petition is filed, the petitioner shall file
or cause to be filed the following documents:
(1) Any required affidavit of parentage
executed under G.S. 48-3-206.
(2) Any required consent or relinquishment that has been executed.
(3) A certified copy of any court order terminating the rights and
duties of a parent or a guardian of the adoptee.
(4) A certified copy of any court order or pleading in a pending
proceeding concerning custody of or visitation with the adoptee.
(5) A copy of any required preplacement assessment certified by
the agency that prepared it and any certificate of service
required by G.S. 48-3-307 or an affidavit from the petitioner
stating why the assessment is not available.
(6) A copy of any document containing the information required
under G.S. 48-3-205 concerning the health, social, educational,
and genetic history of the adoptee and the adoptee's original
family which the petitioner received before the placement or at
any later time, certified by the person who prepared it, or if
this document is not available, an affidavit stating the reason
why it is not available.
(7) Any signed copy of the form required by the Interstate Compact
on the Placement of Children, Article 38 of Chapter 7B of the
General Statutes, authorizing a minor to come into this State, or
any statement required by G.S. 48-2-304(c) describing the
circumstances of any noncompliance.
(8) A writing that states the name of any individual whose consent
is or may be required, but who has not executed a consent or a
relinquishment or whose parental rights have not been legally
terminated, and any fact or circumstance that may excuse the lack
of consent or relinquishment.
(9) In an adoption pursuant to Article 4 of this Chapter, a copy
of any agreement to release past-due child support payments.
(10) Any consent to an agency by a placing parent and adopting
parents to release identifying information under G.S. 48-9-109.
The petitioner may also file any other document necessary or
helpful to the court's determination. (1949, c. 300; 1953, c. 906;
1961, c. 186; 1969, c. 911, s. 7; c. 982; 1975, c. 702, ss. 1-3;
1977, c. 879, s. 5; 1985, c. 758, ss. 10, 11; 1995, c. 457, s. 2;
1997-215, s. 1; 1998-202, s. 13(m); 2001-150, s. 3; 2005-166, s.
4.)
§ 48-2-306. Omission of required information.
(a) Before entry of a decree of adoption, the court may
require or allow the filing of any additional information required
by this Chapter.
(b) After entry of a decree of adoption, omission of any
information required by G.S. 48-2-304 and G.S. 48-2-305 does not
invalidate the decree. (1995, c. 457, s. 2.)
Part 4. Notice of Pendency of Proceedings.
§ 48-2-401. Notice by petitioner.
(a) No later than 30 days after a petition for adoption is
filed pursuant to Part 3 of this Article, the petitioner shall
serve notice of the filing on the persons required to receive
notice under subsections (b), (c), and (d) of this section.
(b) In all adoptions, the petitioner shall serve notice of the
filing on each of the following:
(1) Any individual whose consent to the
adoption is required but has not been obtained, has been revoked
in accord with this Chapter, or has become void as provided in
this Chapter.
(2) The spouse of the petitioner if that spouse is required to
join in the petition and petitioner is requesting that the joinder
requirement be waived, provided the court for cause may waive this
notice requirement.
(3) Any individual who has executed a consent or relinquishment,
but who the petitioner has actually been informed has filed an
action to set it aside for fraud or duress.
(4) Any other person designated by the court who can provide
information relevant to the proposed adoption.
(c) In the adoption of a minor, the petitioner shall also serve
notice of the filing on each of the following:
(1) A minor whose consent is dispensed
with under G.S. 48-3-603(b)(2).
(2) Any agency that placed the adoptee.
(3) A man who to the actual knowledge of the petitioner claims to
be or is named as the biological or possible biological father of
the minor, and any biological or possible biological fathers who
are unknown or whose whereabouts are unknown, but notice need not
be served upon a man who has executed a consent, a relinquishment,
or a notarized statement denying paternity or disclaiming any
interest in the minor, a man whose parental rights have been
legally terminated or who has been judicially determined not to be
the minor's parent, or, provided the petition is filed within
three months of the birth of the minor, a man whose consent to the
adoption has been determined not to be required under G.S.
48-2-206.
(4) Any individual who the petitioner has been actually informed
has legal or physical custody of the minor or who has a right of
visitation or communication with the minor under an existing court
order issued by a court in this State or another state.
(d) In the adoption of an adult, the petitioner shall also
serve notice of the filing on any adult children of the
prospective adoptive parent and any parent, spouse, or adult child
of the adoptee who are listed in the petition to adopt; provided
the court for cause may waive the requirement of notice to a
parent of an adult adoptee.
(e) Only those persons identified in subsections (b), (c), and (d)
of this section are entitled to notice of the proceeding.
(f) A notice required under this section must state that the
person served must file a response to the petition within 30 days
after service in order to participate in and to receive further
notice of the proceeding, including notice of the time and place
of any hearing. (1949, c. 300; 1957, c. 778, s. 5; 1969, c. 911,
s. 6; 1971, c. 1093, s. 13; 1973, c. 1354, s. 5; 1983, c. 30; c.
454, ss. 2, 6; 1995, c. 457, s. 2; 1997-215, s. 2; 2001-208, s.
12; 2001-487, s. 101; 2005-166, s. 5.)
§ 48-2-402. Manner of service.
(a) Service of the notice required under G.S. 48-2-401 must be
made as provided by G.S. 1A-1, Rule 4, for service of process.
(b) In the event that the identity of a biological or possible
biological parent cannot be ascertained and notice is required,
the parent or possible parent shall be served by publication
pursuant to G.S. 1A-1, Rule 4 (j1). The time for response shall be
the time provided in the rule. The words "In re Doe" may
be substituted for the title of the action in the notice as long
as the notice contains the correct docket number. The notice shall
be directed to "the unknown father [or mother] of" the
adoptee, and the adoptee shall be described by sex, date of birth,
and place of birth. The notice shall contain any information known
to the petitioner that would allow an unknown parent or possible
parent to identify himself or herself as the individual being
addressed, such as the approximate date and place of conception,
any name by which the other biological parent was known to the
unknown parent or possible parent, and any fact about the unknown
parent or possible parent known to or believed by the other
biological parent. The notice shall also state that any parental
rights the unknown parent or possible parent may have will be
terminated upon entry of the order of adoption.
(c) In an agency placement under Article 3 of this Chapter, the
agency or other proper person shall file a petition to terminate
the parental rights of an unknown parent or possible parent
instead of serving notice under subsection (b) of this section,
and the court shall stay any adoption proceeding already filed,
except that nothing in this subsection shall require that the
agency or other proper person file a petition to terminate the
parental rights of any known or possible parent who has been
served notice as provided under G.S. 1A-1, Rule 4(j)(1) of the
Rules of Civil Procedure. (1949, c. 300; 1957, c. 778, s. 5; 1969,
c. 911, s. 6; 1971, c. 1093, s. 13; 1973, c. 1354, s. 5; 1983, c.
30; c. 454, ss. 2, 6; 1995, c. 457, s. 2; 2001-150, s. 4.)
§ 48-2-403. Notice of proceedings by clerk.
No later than five days after a petition is filed, the clerk
of the court shall mail or otherwise deliver notice of the
adoption proceeding to any agency that has undertaken but not yet
completed a preplacement assessment and any agency ordered to make
a report to the court pursuant to Part 5 of this Article. (1995,
c. 457, s. 2; 1997-215, s. 3.)
§ 48-2-404. Notice of proceedings by court to alleged
father.
If, at any time in the proceeding, it appears to the court that
there is an alleged father of a minor adoptee as described in G.S.
48-2-401(c)(3) who has not been given notice, the court shall
require notice of the proceeding to be given to him pursuant to
G.S. 48-2-402. (1995, c. 457, s. 2.)
§ 48-2-405. Rights of persons entitled to notice.
Except as provided in G.S. 48-2-206(c), 48-2-206(d), and
48-2-207(d), a person entitled to notice whose consent is not
required may appear and present evidence only as to whether the
adoption is in the best interest of the adoptee. (1995, c. 457, s.
2; 2005-166, s. 6.)
§ 48-2-406. Waiver of notice; effect.
(a) If notice is required under this Part, it may be waived in
open court by the person entitled to receive it or by an agent
authorized by that person; it may also be waived at any time in a
writing signed by the person entitled to receive the notice.
(b) A person who has executed a consent or relinquishment or
otherwise waived notice is not a necessary party and, except as
provided in subsection (c) of this section, is not entitled to
appear in any subsequent proceeding related to the petition.
(c) A parent who has executed a consent or relinquishment may
appear in the adoption proceeding for the limited purpose of
moving to set aside the consent or relinquishment on the grounds
that it was obtained by fraud or duress. (1949, c. 300; 1957, c.
778, s. 5; 1969, c. 911, s. 6; 1971, c. 1093, s. 13; 1973, c.
1354, s. 5; 1983, c. 30; c. 454, ss. 2, 6; 1995, c. 457, s. 2.)
§ 48-2-407. Filing proof of service.
Proof of service of notice on each person entitled to receive
notice under this Part, or a certified copy of each waiver of
notice, must be filed with the court before the hearing on the
adoption begins. (1995, c. 457, s. 2.)
Part 5. Report to the Court.
§ 48-2-501. Report to the court during proceeding for
adoption of a minor.
(a) Whenever a petition for adoption of a minor is filed, the
court shall order a report to the court made to assist the court
to determine if the proposed adoption of the minor by the
petitioner is in the minor's best interest.
(b) Consistent with G.S. 48-1-109, the court shall order the
report to be prepared:
(1) By the agency that placed the
minor;
(2) By the agency that made the preplacement assessment pursuant
to Part 3 of Article 3 of this Chapter; or
(3) By another agency.
(c) The court shall provide the individual who prepares the
report with copies of:
(1) The petition to adopt; and
(2) The documents filed with it.
(d) As an exception to this section, in any stepparent adoption
under Article 4 of this Chapter in which the minor has lived with
the stepparent for at least the two consecutive years immediately
preceding the filing of the petition, the court may order a
report, but it is not required to order a report unless the
minor's consent is to be waived, the minor has revoked a consent,
or both of the minor's parents are dead. (1949, c. 300; 1961, c.
186; 1969, c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 5; 1991,
c. 335, s. 2; 1995, c. 457, s. 2; 1997-215, s. 12(a).)
§ 48-2-502. Preparation and content of report.
(a) In preparing a report to the court, the agency shall
conduct a personal interview with each petitioner in the
petitioner's residence and at least one additional interview with
each petitioner and the adoptee, and shall observe the
relationship between the adoptee and the petitioner or
petitioners.
(b) The report must be in writing and contain:
(1) An account of the petitioner's
marital or family status, physical and mental health, home
environment, property, income, and financial obligations; if there
has been a preplacement assessment, the account may be limited to
any changes since the filing of the preplacement assessment;
(2) All reasonably available nonidentifying information concerning
the physical, mental, and emotional condition of the adoptee
required by G.S. 48-3-205 which is not already included in the
document prepared under that section;
(3) Copies of any court order, judgment, decree, or pending legal
proceeding affecting the adoptee, the petitioner, or any child of
the petitioner relevant to the welfare of the adoptee;
(4) A list of the expenses, fees, or other charges incurred, paid,
or to be paid in connection with the adoption that can reasonably
be ascertained by the agency;
(5) Any fact or circumstance known to the agency that raises a
specific concern about whether the proposed adoption is contrary
to the best interest of the adoptee because it poses a significant
risk of harm to the well-being of the adoptee;
(6) A finding by the agency concerning the suitability of the
petitioner and the petitioner's home for the adoptee;
(7) A recommendation concerning the granting of the petition; and
(8) Such other information as may be required by rules adopted
pursuant to subsection (c) of this section.
In an agency adoption, the report shall be written in such a
way as to exclude all information that could reasonably be
expected to lead directly to the identity of the adoptee at birth
or any former parent or family member of the adoptee, and any
copies of documents included pursuant to subdivision (3) of this
subsection shall be redacted to exclude this information.
(c) The Social Services Commission may adopt rules to implement
the provisions of this section. (1949, c. 300; 1961, c. 186; 1969,
c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 5; 1991, c. 335, s.
2; 1995, c. 457, s. 2; 1997-215, s. 4.)
§ 48-2-503. Timing and filing of report.
(a) The agency shall complete a written report and file it
with the court within 60 days after the mailing or delivery of the
order under G.S. 48-2-501 unless the court extends the time for
filing. The agency shall have three additional days to complete
and file the report if the order was mailed.
(b) If the agency identifies a specific concern about the
suitability of the petitioner or the petitioner's home for the
adoptee, the agency must file an interim report immediately, which
must contain an account of the specific concern. The agency shall
indicate in the final report whether its concerns have been
satisfied and in what manner.
(b1) When an agency identifies a specific concern in a final
report and the court extends the time for a final hearing or
disposition to allow resolution of these concerns, the agency
shall file a supplemental report indicating whether its concerns
have been satisfied and in what manner.
(c) The agency shall give the petitioner a copy of each report
filed with the court, and the agency shall retain a copy. (1949,
c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1983, c.
454, s. 5; 1991, c. 335, s. 2; 1995, c. 457, s. 2; 1997-215, s.
5(a)-(c).)
§ 48-2-504. Fee for report.
(a) An agency that prepares a report to the court may charge
the petitioner a reasonable fee for preparing and writing the
report. No fee may be charged except pursuant to a written fee
agreement which must be signed by the parties to be charged prior
to the beginning of the preparation. The fee agreement may not be
based on the outcome of the report or the adoption proceeding.
(b) A fee for a report is subject to review by the court pursuant
to G.S. 48-2-602 and G.S. 48-2-603.
(c) The Department shall set the maximum fees, based on ability to
pay and other factors, which may be charged by county departments
of social services. The Department shall require waiver of fees
for those unable to pay. Fees collected under this section shall
be applied to the costs of preparing and writing reports and shall
be used by the county department of social services to supplement
and not to supplant appropriated funds. (1995, c. 457, s. 2.)
Part 6. Dispositional Hearing; Decree of
Adoption.
§ 48-2-601. Hearing on, or disposition of, adoption
petition; transfer of adoption proceeding; timing.
(a) If it appears to the court that a petition to adopt a minor is
not contested, the court may dispose of the petition without a
formal hearing.
(a1) If an issue of fact, an equitable defense, or a request for
equitable relief is raised before the clerk, the clerk shall
transfer the proceeding to the district court under G.S. 1-301.2.
(b) No later than 90 days after a petition for adoption has been
filed, the court shall set a date and time for hearing or
disposing of the petition.
(c) The hearing or disposition must take place no later than six
months after the petition is filed, but the court for cause may
extend the time for the hearing or disposition. (1949, c. 300;
1953, c. 571; 1959, cc. 340, 561; 1961, cc. 186, 384; 1967, c. 19;
c. 619, s. 4; 1969, c. 982; 1973, c. 1354, s. 6; 1989 (Reg. Sess.,
1990), c. 977, s. 1; 1995, c. 457, s. 2; 1997-215, s. 10(a);
2002-159, s. 12.)
§ 48-2-602. Disclosure of fees and charges.
At least 10 days before the date of the hearing or
disposition, each petitioner shall file with the court an
affidavit accounting for any payment or disbursement of money or
anything of value made or agreed to be made by or on behalf of
each petitioner in connection with the adoption, or pursuant to
Article 10, including the amount of each payment or disbursement
made or to be made and the name and address of each recipient. The
court in its discretion may request a more specific statement of
any fees, charges, or payments made or to be made by any
petitioner in connection with the adoption. (1995, c. 457, s. 2.)
§ 48-2-603. Hearing on, or disposition of, petition to
adopt a minor.
(a) At the hearing on, or disposition of, a petition to adopt
a minor, the court shall grant the petition upon finding by a
preponderance of the evidence that the adoption will serve the
best interest of the adoptee, and upon finding the following:
(1) At least 90 days have elapsed since
the filing of the petition for adoption, unless the court for
cause waives this requirement.
(2) The adoptee has been in the physical custody of the petitioner
for at least 90 days, unless the court for cause waives this
requirement.
(3) Notice of the filing of the petition has been served on any
person entitled to receive notice under Part 4 of this Article.
(4) Each necessary consent, relinquishment, waiver, or judicial
order terminating parental rights, has been obtained and filed
with the court and the time for revocation has expired.
(5) Any assessment required by this Chapter has been filed with
and considered by the court.
(6) If applicable, the requirements of the Interstate Compact on
the Placement of Children, Article 38 of Chapter 7B of the General
Statutes, have been met.
(7) Any motion to dismiss the proceeding has been denied.
(8) Each petitioner is a suitable adoptive parent.
(9) Any accounting and affidavit required under G.S. 48-2-602 has
been reviewed by the court, and the court has denied, modified, or
ordered reimbursement of any payment or disbursement that violates
Article 10 or is unreasonable when compared with the expenses
customarily incurred in connection with an adoption.
(10) The petitioner has received information about the adoptee and
the adoptee's biological family if required by G.S. 48-3-205.
(10a) Any certificate of service required by G.S. 48-3-307 has
been filed.
(11) There has been substantial compliance with the provisions of
this Chapter.
(b) If the Court finds a violation of this Chapter pursuant to
Article 10 or of the Interstate Compact on the Placement of
Children, Article 38 of Chapter 7B of the General Statutes, but
determines that in every other respect there has been substantial
compliance with the provisions of this Chapter, and the adoption
will serve the best interest of the adoptee, the court shall:
(1) Grant the petition to adopt; and
(2) Impose the sanctions provided by this Chapter against any
individual or entity who has committed a prohibited act or report
the violations to the appropriate legal authorities.
(c) The court on its own motion may continue the hearing for
further evidence. (1949, c. 300; 1953, c. 571; 1959, cc. 340, 561;
1961, cc. 186, 384; 1967, c. 19; c. 619, s. 4; 1969, c. 982; 1973,
c. 476, s. 138; c. 1354, s. 6; 1989 (Reg. Sess., 1990), c. 977, s.
1; 1995, c. 457, s. 2; 1998-202, s. 13(l); 2001-150, s. 5.)
§ 48-2-604. Denying petition to adopt a minor.
(a) If at any time between the filing of a petition to adopt a
minor and the issuance of the final order completing the adoption
it appears to the court that the minor should not be adopted by
the petitioners or the petition should be dismissed for some other
reason, the court may dismiss the proceeding.
(b) The court, before entering an order to dismiss the proceeding,
shall give at least five days' notice of the motion to dismiss to
the parties, to the agency that made the report to the court, and
to the Department of Health and Human Services. The parties and
agency entitled to notice under this subsection, and the
Department, shall be entitled to a hearing on the issue of
dismissing the proceeding.
(c) If the court denies the petition, the custody of the minor
shall revert to any agency or person having custody immediately
before the filing of the petition. If the placement of the minor
was a direct placement under Article 3 of this Chapter, the court
shall notify the director of social services of the county in
which the petition was filed of the dismissal, and the director of
social services shall be responsible for taking appropriate action
for the protection of the minor. (1949, c. 300; 1961, c. 186;
1969, c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 6.; 1995, c.
457, s. 2; 1997-215, s. 6(a); 1997-443, s. 11A.118(b).)
§ 48-2-605. Hearing on petition to adopt an adult.
(a) At the hearing on a petition to adopt an adult, the
prospective adoptive parent and the adoptee shall both appear in
person, unless the court waives this requirement for cause, in
which event an appearance may be made for either or both of them
by an attorney authorized in writing to make the appearance.
(b) At the hearing, the court shall grant the petition for
adoption upon finding by a preponderance of the evidence all of
the following:
(1) At least 30 days have elapsed since
the filing of the petition for adoption, but the court for cause
may waive this requirement;
(2) Notice of the petition has been served on any person entitled
to receive notice under Part 4 of this Article;
(3) Each necessary consent, waiver, document, or judicial order
has been obtained and filed with the court;
(4) The adoption is entered into freely and without duress or
undue influence for the purpose of creating the relation of parent
and child between each petitioner and the adoptee, and each
petitioner and the adoptee understand the consequences of the
adoption; and
(5) There has been substantial compliance with the provisions of
this Chapter. (1967, c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971, c.
1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981, c. 657; 1989,
c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 457, s.
2.)
§ 48-2-606. Decree of adoption.
(a) A decree of adoption must state at least:
(1) The name and gender of each
petitioner for adoption;
(2) Whether the petitioner is married, a stepparent, or single;
(3) The name by which the adoptee is to be known;
(4) Information to be incorporated in a new standard certificate
of birth to be issued by the State Registrar;
(5) The adoptee's date and place of birth, if known, or as
determined under subsection (b) of this section in the case of an
adoptee born outside the United States;
(6) The effect of the decree of adoption as set forth in G.S.
48-1-106; and
(7) That the adoption is in the best interest of the adoptee.
(b) In stating the date and place of birth of an adoptee born
outside the United States, the court shall:
(1) Enter the date and place of birth
as stated in the certificate of birth from the country of origin,
the United States Department of State's report of birth abroad, or
the documents of the United States Immigration and Naturalization
Service;
(2) If the exact place of birth is unknown, enter the information
that is known, including the country of origin; and
(3) If the exact date of birth is unknown, determine and enter a
date of birth based upon medical evidence by affidavit or
testimony as to the probable chronological age of the adoptee and
other evidence the court finds appropriate to consider.
(c) A decree of adoption must not contain the name of a former
parent of the adoptee. (1949, c. 300; 1973, c. 476, s. 138.; 1983,
c. 454, s. 6; 1995, c. 457, s. 2.)
§ 48-2-607. Appeals.
(a) Except as provided in subsections (b) and (c) of this
section, after the final order of adoption is entered, no party to
an adoption proceeding nor anyone claiming under such a party may
question the validity of the adoption because of any defect or
irregularity, jurisdictional or otherwise, in the proceeding, but
shall be fully bound by the order. No adoption may be attacked
either directly or collaterally because of any procedural or other
defect by anyone who was not a party to the adoption. The failure
on the part of the court or an agency to perform duties or acts
within the time required by the provisions of this Chapter shall
not affect the validity of any adoption proceeding.
(b) A party to an adoption proceeding may appeal a final decree of
adoption entered by a clerk of superior court to district court by
giving notice of appeal as provided in G.S. 1-301.2. A party to an
adoption proceeding may appeal a judgment or order entered by a
judge of district court by giving notice of appeal as provided in
G.S. 1-279.1.
(c) A parent or guardian whose consent or relinquishment was
obtained by fraud or duress may, within six months of the time the
fraud or duress is or ought reasonably to have been discovered,
move to have the decree of adoption set aside and the consent
declared void. A parent or guardian whose consent was necessary
under this Chapter but was not obtained may, within six months of
the time the omission is or ought reasonably to have been
discovered, move to have the decree of adoption set aside. Any
action for damages against an adoptee or the adoptive parents for
fraud or duress in obtaining a consent must be brought within six
months of the time the fraud or duress is or ought reasonably to
have been discovered. (1949, c. 300; 1961, c. 186; 1969, c. 982;
1983, c. 454, s. 6; 1995, c. 457, s. 2; 1999-216, s. 11.1.)
Article 3.
Adoption of Minors.
Part 1. General Provisions.
§ 48-3-100. Application of Article.
This Article shall apply to the adoption of minors by adults
who are not their stepparents. (1995, c. 457, s. 2.)
Part 2. Placement of Minors for Adoption.
§ 48-3-201. Who may place minors for adoption.
(a) Only the following may place the minor for adoption:
(1) An agency,
(2) A guardian,
(3) Both parents acting jointly, if
a. Both parents are married to each
other and living together, or
b. One parent has legal custody of a minor and the other has
physical custody but neither has both, or
(4) A parent with legal and physical
custody of a minor, except as provided in subdivision (3) of this
subsection.
(b) A parent, guardian, or agency that places a minor directly
for adoption shall execute a consent to the minor's adoption
pursuant to Part 6 of this Article.
(c) A parent or guardian of a minor who wants an agency to
place the minor for adoption must execute a relinquishment to the
agency pursuant to Part 7 of this Article before the agency can
place the minor.
(d) An agency having legal and physical custody of a minor may
place the minor for adoption at any time after a relinquishment is
executed by anyone as permitted by G.S. 48-3-701. The agency may
place the minor for adoption even if other consents are required
before an adoption can be granted, unless an individual whose
consent is required notifies the agency in writing of the
individual's objections before the placement. The agency shall act
promptly after accepting a relinquishment to obtain all other
necessary consents, relinquishments, or terminations of any
guardian's authority pursuant to Chapter 35A of the General
Statutes or parental rights pursuant to Article 11 of Chapter 7B
of the General Statutes. (1995, c. 457, s. 2; 1997-215, s. 11(b);
1998-202, s. 13(j).)
§ 48-3-202. Direct placement for adoption.
(a) In a direct placement, a parent or guardian must personally
select a prospective adoptive parent, but a parent or guardian may
obtain assistance from another person or entity, or an adoption
facilitator, in locating or evaluating a prospective adoptive
parent, subject to the limitations of Article 10 of this Chapter.
(b) Information about a prospective adoptive parent shall be
provided to a parent or guardian by the prospective adoptive
parent, the prospective adoptive parent's attorney, or a person or
entity assisting the parent or guardian. Except as otherwise
provided in this subsection, this information shall include the
preplacement assessment prepared pursuant to Part 3 of this
Article, and may include additional information requested by the
parent or guardian. The agency preparing the preplacement
assessment may redact from the preplacement assessment provided to
a placing parent or guardian detailed information reflecting the
prospective adoptive parent's financial account balances and
detailed information about the prospective adoptive parent's
extended family members, including surnames, names of employers,
names of schools attended, social security numbers, telephone
numbers and addresses, and other similarly detailed information
about extended family members obtained under G.S. 48-3-303. (1995,
c. 457, s. 2; 2001-150, s. 6.)
§ 48-3-203. Agency placement adoption.
(a) An agency may acquire legal and physical custody of a minor
for purposes of adoptive placement only by means of a
relinquishment pursuant to Part 7 of this Article or by a court
order terminating the rights and duties of a parent or guardian of
the minor.
(b) An agency shall give any individual, upon request, a
written statement of the services it provides, its procedure for
selecting a prospective adoptive parent for a minor, including the
role of the minor's parent or guardian in the selection process,
and the procedure for an agency identified adoption and the
disclosures permitted under G.S. 48-9-109. This statement shall
include a schedule of any fee or expenses charged or required to
be paid by the agency and a summary of the provisions of this
Chapter that pertain to the requirements and consequences of a
relinquishment and to the selection of a prospective adoptive
parent.
(c) An agency may notify the parent when a placement has
occurred and when an adoption decree is issued.
(d) An agency may place a minor for adoption only with an
individual for whom a favorable preplacement assessment has been
prepared. Placement shall be made as follows:
(1) If the agency has agreed to place
the minor with the prospective adoptive parent selected by the
parent or guardian, the minor shall be placed with the individual
selected by the parent or guardian.
(2) If the agency has not agreed to place the minor with the
prospective adoptive parent selected by the parent or guardian,
the minor shall be placed with the prospective adoptive parent
selected by the agency on the basis of the preplacement
assessment. The selection may not be delegated, but may be based
on criteria requested by a parent who relinquishes the child to
the agency.
(d1) A minor who is in the custody or placement responsibility
of a county department of social services shall not be placed with
a selected prospective adoptive parent prior to the completion of
an investigation of the individual's criminal history pursuant to
G.S. 48-3-309 or G.S. 131D-10.3A and, based on the criminal
history, a determination as to the individual's fitness to have
responsibility for the safety and well-being of children.
(e) In addition to the authority granted in G.S. 131D-10.5, the
Social Services Commission may adopt rules for placements by
agencies consistent with the purposes of this Chapter.
(f) An agency may release identifying information as provided
in G.S. 48-9-104. (1949, c. 300; 1953, c. 906; 1961, c. 186; 1969,
c. 911, s. 7; c. 982; 1975, c. 702, ss. 1-3; 1977, c. 879, s. 5;
1985, c. 758, ss. 10, 11; 1995, c. 457, s. 2; 1998-229, s. 13;
2001-150, s. 7.)
§ 48-3-204. Recruitment of adoptive parents.
(a) The Social Services Commission may adopt rules requiring
agencies to adopt and follow appropriate recruitment plans for
prospective adoptive parents.
(b) The Division may maintain a statewide photo-listing service
for all agencies within this State as a means of recruiting
adoptive parents for minors who have been legally freed for
adoption.
(c) Agencies and the Division shall cooperate with similar
agencies in other states, and with national adoption exchanges in
an effort to recruit suitable adoptive parents. (1995, c. 457, s.
2.)
§ 48-3-205. Disclosure of background information.
(a) Notwithstanding any other provision of law, before placing
a minor for adoption, an individual or agency placing the minor,
or the individual's agent, must compile and provide to the
prospective adoptive parent a written document containing the
following information:
(1) The date of the birth of the minor
and the minor's weight at birth and any other reasonably available
nonidentifying information about the minor that is relevant to the
adoption decision or to the minor's development and well-being;
(2) Age of the biological parents in years at the time of the
minor's birth;
(3) Heritage of the biological parents, which shall consist of
nationality, ethnic background, and race;
(4) Education of the biological parents, which shall be the number
of years of school completed by the biological parents at the time
of the minor's birth; and
(5) General physical appearance of the biological parents.
In addition, the written document must also include all
reasonably available nonidentifying information about the health
of the minor, the biological parents, and other members of the
biological parents' families that is relevant to the adoption
decision or to the minor's health and development. This
health-related information shall include each such individual's
present state of physical and mental health, health and genetic
histories, and information concerning any history of emotional,
physical, sexual, or substance abuse. This health-related
information shall also include an account of the prenatal and
postnatal care received by the minor. The information described in
this subsection, if known, shall, upon written request of the
minor, be made available to the minor upon the minor reaching age
18 or upon the minor's marriage or emancipation.
(b) Information provided under this section, or any information
directly or indirectly derived from such information, may not be
used against the provider or against an individual described in
subsection (a) of this section who is the subject of the
information in any criminal action or any civil action for
damages. In addition, information provided under this section may
not be admitted in evidence against the provider or against an
individual described in subsection (a) of this section who is the
subject of the information in any other action or proceeding.
(c) The agency placing the minor shall receive and preserve any
additional health-related information obtained after the
preparation of the document described in subsection (a) of this
section.
(d) The Division shall develop and make available forms
designed to collect the information described in subsection (a) of
this section. (1949, c. 300; 1957, c. 778, s. 7; 1961, c. 186;
1969, c. 982; 1973, c. 476, s. 138; 1979, c. 739, ss. 1, 2; 1981,
c. 924, ss. 2, 3; 1983, c. 454, s. 6; 1993, c. 539, s. 411; 1994,
Ex. Sess., c. 24, s. 14(c); 1995, c. 457, s. 2.)
§ 48-3-206. Affidavit of parentage.
(a) To assist the court in determining that a direct placement
was valid and all necessary consents have been obtained, the
parent or guardian who placed the minor shall execute an affidavit
setting out names, last known addresses, and marital status of the
minor's parents or possible parents. If the placing parent or
guardian is unavailable to execute the affidavit, the affidavit
may be prepared by a knowledgeable individual who shall sign the
affidavit and indicate the source of the individual's knowledge.
(b) In an agency placement, the agency shall obtain from at
least one individual who relinquishes a minor to the agency an
affidavit setting out the information required in subsection (a)
of this section. This affidavit is not necessary when the agency
acquires legal and physical custody of a minor for purposes of
adoptive placement by a court order terminating the parental
rights of a parent or guardian. (1949, c. 300; 1977, c. 879, s. 6;
1983, c. 454, s. 6; 1995, c. 457, s. 2; 2001-208, s. 14; 2001-487,
s. 101.)
§ 48-3-207. Interstate placements.
An interstate placement of a minor for purposes of adoption shall
comply with the Interstate Compact on the Placement of Children,
Article 38 of Chapter 7B of the General Statutes. (1995, c. 457,
s. 2; 1998-202, s. 13(n).)
Part 3. Preplacement Assessment.
§ 48-3-301. Preplacement assessment required.
(a) Except as provided in subsection (b) of this section,
placement of a minor may occur only if a written preplacement
assessment:
(1) Has been completed or updated
within the 18 months immediately preceding the placement; and
(2) Contains a finding that the individual who is the subject of
the assessment is suitable to be an adoptive parent, either in
general or for a specific minor.
(b) A preplacement assessment is not required when a parent or
guardian places a minor directly with a grandparent, sibling,
first cousin, aunt, uncle, great-aunt, great-uncle, or
great-grandparent of the minor.
(c) If a direct placement is made in violation of this section:
(1) The prospective adoptive parent
shall request any preplacement assessment already commenced to be
expedited, and if none has been commenced, shall obtain a
preplacement assessment from an agency as authorized by G.S.
48-1-109; in either case, the assessment shall include the fact
and date of placement;
(2) The court may not enter a decree of adoption until both a
favorable preplacement assessment and a report to the court have
been completed and filed, and the court may not order a report to
the court for at least 30 days after the preplacement assessment
has been completed; and
(3) If the person who placed the minor executes a consent before
receiving a copy of the preplacement assessment, G.S. 48-3-608
shall determine the time within which that person may revoke.
(1949, c. 300; 1957, c. 778, s. 2; 1967, c. 880, s. 2; 1987, c.
716, s. 1; 1993, c. 539, s. 410; 1994, Ex. Sess., c. 24, s. 14(c);
1995, c. 457, s. 2; 1997-215, s. 19(a).)
§ 48-3-302. Request for preplacement assessment.
(a) An individual seeking to adopt may request a preplacement
assessment at any time by an agency authorized by G.S. 48-1-109 to
prepare preplacement assessments.
(b) An individual requesting a preplacement assessment need not
have located a prospective adoptee when the request is made.
(c) An individual may have more than one preplacement
assessment or may request that an assessment, once initiated, not
be completed.
(d) If an individual is seeking to adopt a minor from a
particular agency, the agency may require the individual to be
assessed by its own employee, even if the individual has already
had a favorable preplacement assessment completed by another
agency.
(e) If an individual requesting a preplacement assessment has
identified a prospective adoptive child and has otherwise been
unable to obtain a preplacement assessment, the county department
of social services must, upon request, prepare or contract for the
preparation of the preplacement assessment. As used in this
subsection, "unable to obtain a preplacement assessment"
includes the inability to obtain a preplacement assessment at the
fee the county department of social services is permitted to
charge the individual. Except as provided in this subsection, no
agency is required to conduct a preplacement assessment unless it
agrees to do so. (1949, c. 300; 1957, c. 778, s. 2; 1967, c. 880,
s. 2; 1987, c. 716, s. 1; 1993, c. 539, s. 410; 1994, Ex. Sess.,
c. 24, s. 14(c); 1995, c. 457, s. 2; 1997-215, s. 15.)
§ 48-3-303. Content and timing of preplacement assessment.
(a) A preplacement assessment shall be completed within 90 days
after a request has been accepted.
(b) The preplacement assessment must be based on at least one
personal interview with each individual being assessed in the
individual's residence and any report received pursuant to
subsection (c) of this section.
(c) The preplacement assessment shall, after a reasonable
investigation, report on the following about the individual being
assessed:
(1) Age and date of birth, nationality,
race, or ethnicity, and any religious preference;
(2) Marital and family status and history, including the presence
of any children born to or adopted by the individual and any other
children in the household;
(3) Physical and mental health, including any addiction to alcohol
or drugs;
(4) Educational and employment history and any special skills;
(5) Property and income, and current financial information
provided by the individual;
(6) Reason for wanting to adopt;
(7) Any previous request for an assessment or involvement in an
adoptive placement and the outcome of the assessment or placement;
(8) Whether the individual has ever been a respondent in a
domestic violence proceeding or a proceeding concerning a minor
who was allegedly abused, dependent, neglected, abandoned, or
delinquent, and the outcome of the proceeding;
(9) Whether the individual has ever been convicted of a crime
other than a minor traffic violation;
(10) Whether the individual has located a parent interested in
placing a child with the individual for adoption and a brief,
nonidentifying description of the parent and the child; and
(11) Any other fact or circumstance that may be relevant to a
determination of the individual's suitability to be an adoptive
parent, including the quality of the environment in the home and
the functioning of any children in the household.
(12) The agency preparing the preplacement assessment may redact
from the preplacement assessment provided to a placing parent or
guardian detailed information reflecting the prospective adoptive
parent's financial account balances and detailed information about
the prospective adoptive parent's extended family members,
including surnames, names of employers, names of schools attended,
social security numbers, telephone numbers and addresses, and
other similarly detailed information about extended family members
obtained under subsections (b) and (c) of this section.
When any of the above is not reasonably available, the
preplacement assessment shall state why it is unavailable.
(d) The agency shall conduct an investigation for any criminal
record as permitted by law. If a prospective adoptive parent is
seeking to adopt a minor who is in the custody or placement
responsibility of a county department of social services, a county
department of social services shall have the prospective adoptive
parent's criminal history and the criminal histories of all
individuals 18 years of age or older who reside in the prospective
adoptive home investigated pursuant to G.S. 48-3-309, and based on
the criminal history, make a determination as to the prospective
adoptive parent's fitness to have responsibility for the safety
and well-being of children and as to whether other individuals
required to be checked are fit for an adoptive child to reside
with them in the home.
(e) In the preplacement assessment, the agency shall review the
information obtained pursuant to subsections (b), (c), and (d) of
this section and evaluate the individual's strengths and
weaknesses to be an adoptive parent. The agency shall then
determine whether the individual is suitable to be an adoptive
parent.
(f) If the agency determines that the individual is suitable to
be an adoptive parent, the preplacement assessment shall include
specific factors which support that determination.
(g) If the agency determines that the individual is not
suitable to be an adoptive parent, the replacement assessment
shall state the specific concerns which support that
determination. A specific concern is one that reasonably indicates
that placement of any minor, or a particular minor, in the home of
the individual would pose a significant risk of harm to the
well-being of the minor.
(h) In addition to the information and finding required by
subsections (c) through (g) of this section, the preplacement
assessment must contain a list of the sources of information on
which it is based.
(i) The Social Services Commission shall have authority to
establish by rule additional standards for preplacement
assessments. (1995, c. 457, s. 2; 1998-229, s. 14; 2001-150, s. 8;
2005-114, s. 2.)
§ 48-3-304. Fees for preplacement assessment.
(a) An agency that prepares a preplacement assessment may
charge a reasonable fee for doing so, even if the individual being
assessed requests that it not be completed. No fee may be charged
except pursuant to a written agreement which must be signed by the
individual to be charged prior to the beginning of the assessment.
The fee agreement may not be based on the outcome of the
assessment or any adoption.
(b) An assessment fee is subject to review by the court
pursuant to G.S. 48-2-602 and G.S. 48-2-603 if the person who is
assessed files a petition to adopt.
(c) The Department shall set the maximum fees, based on the
individual's ability to pay and other factors, which may be
charged by county departments of social services. The Department
shall require waiver of fees for those unable to pay. Fees
collected under this section shall be applied to the costs of
preparing preplacement assessments and shall be used by the county
department of social services to supplement and not to supplant
appropriated funds. (1995, c. 457, s. 2.)
§ 48-3-305. Agency disposition of preplacement assessments.
(a) The agency shall give a copy of any completed or incomplete
preplacement assessment to the individual who was the subject of
the assessment. If the assessment contains a finding that an
individual is not suitable to be an adoptive parent, the agency
shall contemporaneously file the original with the Division.
(b) The agency shall retain a copy of a completed or incomplete
preplacement assessment for at least five years. (1995, c. 457, s.
2.)
§ 48-3-306. Favorable preplacement assessments.
An individual who receives a preplacement assessment
containing a finding that the individual is suitable to be an
adoptive parent shall provide a copy of the assessment to any
person or agency considering the placement of a minor with the
individual for adoption and shall also attach a copy of the
assessment to any petition to adopt. (1995, c. 457, s. 2.)
§ 48-3-307. Assessments completed after placement.
(a) If a placement occurs before a preplacement assessment is
completed, the prospective adoptive parent shall deliver a copy of
the assessment when completed, whether favorable or unfavorable,
to the parent or guardian who placed the minor. A prospective
adoptive parent, who cannot after the exercise of due diligence
personally locate the parent or guardian who placed the minor, may
deposit a copy of the preplacement assessment in the United States
mail, return receipt requested, addressed to the address of the
parent or guardian given in the consent, and the date of receipt
by the parent or guardian for purposes of G.S. 48-3-608 shall be
deemed to be the date of delivery or last attempted delivery.
(b) If a petition for adoption is filed before the preplacement
assessment is completed, the prospective adoptive parent shall
attach to the petition an affidavit explaining why the assessment
has not been completed and, upon completion of the assessment,
shall file it with the court in which the petition is pending.
(c) A prospective adoptive parent shall file or cause to be
filed a certificate indicating that the prospective adoptive
parent has delivered a copy of the assessment to the parent or
guardian who placed the minor for adoption. (1995, c. 457, s. 2;
2001-150, s. 9.)
§ 48-3-308. Response to unfavorable preplacement
assessment.
(a) Each agency shall have a procedure for allowing an
individual who has received an unfavorable preplacement assessment
to have the assessment reviewed by the agency. In addition to the
authority in G.S. 131D-10.5, the Social Services Commission shall
have authority to adopt rules implementing this section.
(b) An individual who receives an unfavorable preplacement
assessment may, after exhausting the agency's procedures for
internal review, prepare and file a written response with the
Division and the agency. The Division shall attach the response to
the unfavorable assessment.
(c) The Division shall acknowledge receipt of the response but
shall have no authority to take any action with respect to the
response.
(d) If an unfavorable preplacement assessment is completed and
filed with the Division and a minor has been placed with a
prospective adoptive parent who is the subject of the unfavorable
assessment, the Division shall notify the county department of
social services, which shall take appropriate action.
(e) An unfavorable preplacement assessment and any response
filed with the Division under this section shall not be public
records as set forth in Chapter 132 of the General Statutes.
(1995, c. 457, s. 2.)
§ 48-3-309. Mandatory preplacement criminal checks of
prospective adoptive parents seeking to adopt a minor who is in
the custody or placement responsibility of a county department of
social services and mandatory preplacement criminal checks of all
individuals 18 years of age or older who reside in the prospective
adoptive home.
(a) The Department shall ensure that the criminal histories of
all prospective adoptive parents seeking to adopt a minor who is
in the custody or placement responsibility of a county department
of social services and the criminal histories of all individuals
18 years of age or older who reside in the prospective adoptive
home are checked prior to placement and, based on the criminal
history, a determination is made as to the prospective adoptive
parent's fitness to have responsibility for the safety and
well-being of children and whether other individuals required to
be checked are fit for an adoptive child to reside with them in
the home. The Department shall ensure that all individuals
required to be checked are checked prior to placement for county,
state, and federal criminal histories.
(b) A county department of social services shall issue an
unfavorable preplacement assessment to a prospective adoptive
parent if the county department of social services determines,
pursuant to G.S. 48-3-303(e), that, based on the criminal
histories, the prospective adoptive parent is unfit to have
responsibility for the safety and well-being of children or other
individuals required to be checked are unfit for an adoptive child
to reside with them in the home.
(c) The Department of Justice shall provide to the Department
of Health and Human Services the criminal history of any
individual required to be checked under subsection (a) of this
section as requested by the Department and obtained from the State
and National Repositories of Criminal Histories. The Department
shall provide to the Department of Justice, along with the
request, the fingerprints of any individual to be checked, any
additional information required by the Department of Justice, and
a form consenting to the check of the criminal record and to the
use of fingerprints and other identifying information required by
the State or National Repositories signed by the individual to be
checked. The fingerprints of any individual to be checked shall be
forwarded to the State Bureau of Investigation for a search of the
State's criminal history record file, and the State Bureau of
Investigation shall forward a set of fingerprints to the Federal
Bureau of Investigation for a national criminal history record
check.
(d) At the time of the request for a preplacement assessment or
at a subsequent time prior to placement, any individual whose
criminal history is to be checked shall be furnished with a
statement substantially similar to the following:
"NOTICE
MANDATORY CRIMINAL HISTORY CHECK: NORTH CAROLINA LAW REQUIRES
THAT A CRIMINAL HISTORY CHECK BE CONDUCTED PRIOR TO PLACEMENT ON
PROSPECTIVE ADOPTIVE PARENTS SEEKING TO ADOPT A MINOR WHO IS IN
THE CUSTODY OR PLACEMENT RESPONSIBILITY OF A COUNTY DEPARTMENT OF
SOCIAL SERVICES AND ON ALL PERSONS 18 YEARS OF AGE OR OLDER WHO
RESIDE IN THE PROSPECTIVE ADOPTIVE HOME.
"Criminal history" means a county, state, or federal
criminal history of conviction or a pending indictment of a crime,
whether a misdemeanor or a felony, that bears upon a prospective
adoptive parent's fitness to have responsibility for the safety
and well-being of children and whether other individuals required
to be checked are fit for an adoptive child to reside with them in
the home, including the following North Carolina crimes contained
in any of the following Articles of Chapter 14 of the General
Statutes: Article 6, Homicide; Article 7A, Rape and Kindred
Offenses; Article 8, Assaults; Article 10, Kidnapping and
Abduction; Article 13, Malicious Injury or Damage by Use of
Explosive or Incendiary Device or Material; Article 26, Offenses
Against Public Morality and Decency; Article 27, Prostitution;
Article 39, Protection of Minors; Article 40, Protection of the
Family; and Article 59, Public Intoxication; violation of the
North Carolina Controlled Substances Act, Article 5 of Chapter 90
of the General Statutes, and alcohol-related offenses such as sale
to underage persons in violation of G.S. 18B-302 or driving while
impaired in violation of G.S. 20-138.1 through G.S. 20-138.5; or
similar crimes under federal law or under the laws of other
states. Your fingerprints will be used to check the criminal
history records of the State Bureau of Investigation (SBI) and the
Federal Bureau of Investigation (FBI).
If it is determined, based on your criminal history, that you
are unfit to have responsibility for the safety and well being of
children or have an adoptive child reside with you, you shall have
the opportunity to complete, or challenge the accuracy of, the
information contained in the SBI or FBI identification records.
If the prospective adoptive parent is denied a favorable
preplacement assessment by a county department of social services
as a result of a criminal history check as required under G.S.
48-3-309(a), the prospective adoptive parent may request a review
of the assessment pursuant to G.S. 48-3-308(a).
Any person who intentionally falsifies any information required
to be furnished to conduct the criminal history is guilty of a
Class 2 misdemeanor."
Refusal to consent to a criminal history check by any
individual required to be checked under G.S. 48-3-309(a) is
grounds for the issuance by a county department of social services
of an unfavorable preplacement assessment. Any person who
intentionally falsifies any information required to be furnished
to conduct the criminal history is guilty of a Class 2
misdemeanor.
(e) The Department shall notify the prospective adoptive
parent's supervising county department of social services of the
results of the criminal history check. In accordance with the
federal and State law regulating the dissemination of the contents
of the criminal history file, the Department shall not release or
disclose any portion of an individual's criminal history to the
prospective adoptive parent or any other individual required to be
checked. The Department, however, shall ensure that the
prospective adoptive parent or any other individual required to be
checked is notified of the individual's right to review the
criminal history information, the procedure for completing or
challenging the accuracy of the criminal history, and the
prospective adoptive parent's right to contest the preplacement
assessment of the county department of social services.
A prospective adoptive parent who disagrees with the
preplacement assessment of the county department of social
services may request a review of the assessment pursuant to G.S.
48-3-308(a).
(f) All the information that the Department receives through
the checking of the criminal history is privileged information and
is not a public record but is for the exclusive use of the
Department and those persons authorized under this section to
receive the information. The Department may destroy the
information after it is used for the purposes authorized by this
section after one calendar year.
(g) There is no liability for negligence on the part of a State
or local agency, or the employees of a State or local agency,
arising from any action taken or omission by any of them in
carrying out the provisions of this section. The immunity
established by this subsection shall not extend to gross
negligence, wanton conduct, or intentional wrongdoing that would
otherwise be actionable. The immunity established by this
subsection shall be deemed to have been waived to the extent of
indemnification by insurance, indemnification under Article 31A of
Chapter 143 of the General Statutes, and to the extent sovereign
immunity is waived under the Tort Claims Act, as set forth in
Article 31 of Chapter 143 of the General Statutes.
(h) The Department of Justice shall perform the State and
national criminal history checks on prospective adoptive parents
seeking to adopt a minor in the custody or placement
responsibility of a county department of social services and all
individuals 18 years of age or older who reside in the prospective
adoptive home and shall charge the Department of Health and Human
Services a reasonable fee only for conducting the checks of the
national criminal history records authorized by this section. The
Division of Social Services, Department of Health and Human
Services, shall bear the costs of implementing this section.
(1998-229, s. 15; 2005-114, s. 1.)
Part 4. Transfer of Physical Custody of Minor by Health Care
Facility or Attending Practitioner for Purposes of Adoption.
§ 48-3-401. "Health care facility" and
"attending practitioner" defined.
As used in this Article:
(1) "Health care facility"
includes a hospital and maternity home; and
(2) "Attending practitioner" includes a physician,
licensed nurse, or other licensed professional provider of health
care who assists in a birth. (1995, c. 457, s. 2.)
§ 48-3-402. Authorization required to transfer physical
custody.
(a) A health care facility or attending practitioner who has
physical custody may release a minor for the purpose of adoption
to a prospective adoptive parent or agency not legally entitled to
the custody of the minor if, in the presence of an employee of the
health care facility or the attending practitioner:
(1) A parent, guardian, or other person
or entity having legal custody of the minor signs an authorization
of the transfer of physical custody; and
(2) The authorization states that the release is for the purpose
of adoption.
(b) The health care facility or attending practitioner shall
retain the authorization described in subsection (a) of this
section for at least one year. (1995, c. 457, s. 2.)
Part 5. Custody of Minors Pending Final Decree of Adoption.
§ 48-3-501. Petitioner entitled to custody in direct placement
adoptions.
Unless the court orders otherwise, when a parent or guardian
places the adoptee directly with the petitioner, the petitioner
acquires that parent's or guardian's right to legal and continuing
physical custody of the adoptee and becomes a person responsible
for the care and support of the adoptee, after the earliest of:
(1) The execution of consent by the
parent or guardian who placed the adoptee;
(2) The filing of a petition for adoption by the petitioner; or
(3) The execution of a document by a parent or guardian having
legal and physical custody of a minor temporarily transferring
custody to the petitioner, pending the execution of a consent.
(1949, c. 300; 1995, c. 457, s. 2.)
§ 48-3-502. Agency entitled to custody in placement by agency.
(a) Unless the court orders otherwise, during a proceeding for
adoption in which an agency places the adoptee with the
petitioner:
(1) The agency retains legal but not
physical custody of the adoptee until the adoption decree becomes
final; but
(2) The agency may delegate to the petitioner responsibility for
the care and support of the adoptee.
(b) Before a decree of adoption becomes final, the agency may
for cause petition the court to dismiss the adoption proceeding
and to restore full legal and physical custody of the minor to the
agency; and the court may grant the petition on finding that it is
in the best interest of the minor. (1995, c. 457, s. 2.)
Part 6. Consent to Adoption.
§ 48-3-601. Persons whose consent to adoption is required.
Unless consent is not required under G.S. 48-3-603, a petition
to adopt a minor may be granted only if consent to the adoption
has been executed by:
(1) The minor to be adopted if 12 or more years of age;
(2) In a direct placement, by:
a. The mother of the minor;
b. Any man who may or may not be the biological father of the
minor but who:
1. Is or was married to the mother of the minor if the minor
was born during the marriage or within 280 days after the marriage
is terminated or the parties have separated pursuant to a written
separation agreement or an order of separation entered under
Chapters 50 or 50B of the General Statutes or a similar order of
separation entered by a court in another jurisdiction;
2. Attempted to marry the mother of the minor before the
minor's birth, by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared
invalid, and the minor is born during the attempted marriage, or
within 280 days after the attempted marriage is terminated by
annulment, declaration of invalidity, divorce, or, in the absence
of a judicial proceeding, by the cessation of cohabitation;
3. Before the filing of the petition, has legitimated the minor
under the law of any state;
4. Before the earlier of the filing of the petition or the date
of a hearing under G.S. 48-2-206, has acknowledged his paternity
of the minor and
I. Is obligated to support the minor under written agreement or
by court order;
II. Has provided, in accordance with his financial means,
reasonable and consistent payments for the support of the
biological mother during or after the term of pregnancy, or the
support of the minor, or both, which may include the payment of
medical expenses, living expenses, or other tangible means of
support, and has regularly visited or communicated, or attempted
to visit or communicate with the biological mother during or after
the term of pregnancy, or with the minor, or with both; or
III. After the minor's birth but before the minor's placement
for adoption or the mother's relinquishment, has married or
attempted to marry the mother of the minor by a marriage
solemnized in apparent compliance with law, although the attempted
marriage is or could be declared invalid; or
5. Before the filing of the petition, has received the minor
into his home and openly held out the minor as his biological
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