North Carolina Adoption Laws

Adoption Laws in North Carolina

Adoption Records Access

• Non-Identifying Information : Adoptive adult of age 21 years or older may obtain non identifying information. Adoptive parents, legal guardians may obtain the non identifying information.

• Identifying Information : Petition to the court is must for obtaining the identifying information.

• Birth Certificate (Original): To obtain certificate, an adoptee must requests the court in which the adoption was finalized.

Consents

• Consent to an adoption shall be done by:
  Statute: - §- § 48-3-601; 48-3-602
  • The mother
  • A legal guardian
  • A person who married to the birth mother or he has legitimated the child
  • A authorized child placing agency

• Age Requirement for consideration of Adoptee Consent :
  Statute: - §- § 48-3-601; 48-3-603
  A child of age twelve years or older must consent to the adoption.

• When Consent is not required :
  Statute: - § 48-3-603
  • If parents could not reply to the notice within 30 days.
  • If parental rights have been terminated or relinquished.
  • If a person refuses paternity or is determined not to be the father of child.
  • A person is convicted of a rape.

• Parental Consent can be executed :
  Statute: - § 48-3-604
  • At any time before or after the birth of child
  • A birth mother required to consent after the birth of child
  • A legal guardian is allowed to consent at any time
  • An authorized agency can execute consent within thirty days form the date of notice of a proceedings for adoption.

• Consent Revocation:
  Statute: - §- § 48-3-607; 48-3- 608; 48-3-609
  • Consent must be final and irrevocable.
  • In case of any fraud, mutual agreement or duress, a consent revocation may possible.
  • A parent can revoke consent only once, the 2nd consent is irrevocable.
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