Adoption Laws In North Carolina

Adoption is an exciting and rewarding decision for many couples, single persons, or blended families and should be done in an informed manner since adoption is a decision that involves long term commitment. The process of adopting a child differs from state to state in the United States and there are many federal laws involving the adoption process. It is important that families planning for adoption are familiar with and understand the adoption laws and what these laws allow for within their state. Each state has uniquely different adoption laws, and the laws of the state in which one lives govern a person’s options when considering adoption. The background, laws and legal procedure for adoption of a child in North Carolina are explored to familiarize one with the adoption process in North Carolina

Adoption is the legal process that creates a new permanent parent- child relationship where one didn’t exist before, severing previous parent-child relationships. The best interests and needs of the child are the primary purpose and goal of adoption as well as the governing laws surrounding adoption. Adoption brings a positive ending to a challenging situation and benefits everyone involved, including the birthmother and father, the child, and the adoptive family. The benefits of adoption for the birthmother and father give them opportunity to make the dreams for their child come true as well as bringing many people happiness that could not occur without them. The child being adopted will gain the love and support of adoptive parents who are emotionally and financially ready to take on parenting, and adoptive families benefit from the joy and blessing of adding a child to their family as well as fulfilling dreams of raising a child. Adoption legally transfers the parental responsibilities and rights of the birth parent or parents to the adoptive family and gives the child being adopted all the social, emotional, and legal rights and responsibilities of a family member. When an adoption becomes finalized there is no legal difference between adopted children and those born to the parents.

In the nineteenth century state legislatures began passing adoption laws in the United States. The Massachusetts Adoption of Children Act, enacted in 1851, is considered the first “modern” adoption law. During the twentieth century, the number of adoptions increased dramatically in the United States. In 1900, formalizing adoptive kinship in court was very rare, by 1944 there were 50,000 adoptions occurring each year, and by 1970 adoptions saw a numerical peak and 175,000 adoptions were finalized annually ( Numbers and Trends). It is estimated that five million Americans alive today are adoptees, 2-4 percent of all families have adopted, and 2.5 percent of all children under 18 are adopted (The Adoption History Project). Modern adoption has been influenced by adoption laws and reforms to these laws to ensure that child welfare is the heart behind adoption. By the mid twentieth century nearly every state had laws to incorporate adoption child welfare standards, and since then reforms around the laws have continued to change to ensure the best child welfare standards.

People considering adoption must follow the adoption laws for the state where they are legal residents of. Adoption issues are subject to State laws and regulations. State adoption laws are comprised of laws from two sources, State statutes and State case law. State statutes are provisions that are passed by State legislatures that regulate the subject matter of an issue. State case law consists of rules of law that come from the written decisions of judges who hear and decide litigation. Legal research and analysis should be performed in order to understand and comply with mandatory adoption laws. Examining state statues is required to familiarize one with the North Carolina Adoption laws.  

The laws behind adoption in North Carolina can be found in chapter forty-eight of the North Carolina general statues, issued by the North Carolina General Assembly. Within the first provision of this chapter 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.” (North Carolina General Assembly)

North Carolina allows many people to adopt children, listed under chapter forty-eight of the adoption statute the North Carolina adoption laws state the parties involved in an adoption, including who may adopt, who may be adopted, and who may place a child for adoption. The statue identifies that any adult, between the ages of 21 and 65, are eligible to adopt in North Carolina. Those adopting may be single or married, however the law states that couples must be married for at least one year prior to adopting. В§ 48-1-104 of the statue defines that any individual may be adopted. The statue В§ 48-3-201 lists who may place minors for adoption, which includes an agency, a guardian, both parents if they are married and living together, or a parent with legal and physical custody of the child (North Carolina General Assembly).

The adoption consent laws in North Carolina classify who legally must to consent to an adoption which releases the rights and duties of the child. The consent laws are defined in Statute §§ 48-3-601 and 48-3-602 of chapter forty-eight. The consent provisions are used to protect children from unnecessary or traumatic separations from their caretaker, to protect the birth parents from fast uninformed decisions, and to protect the adoptive parents by preventing anxiety about the legal adoptive process. The law states that the birth mother and the father , given that he is able to prove paternity, are to grant the primary consent in the adoption of their child. If either one or both parents terminate their rights because of reasons that could include abandonment, failure to support the child, mental incompetence, or parental unfitness other legal parties may give content. Parties that may grant consent when the parents are unavailable include an agency that has custody of the child, any person who has been given custody, a guardian, the court with jurisdiction over the child, a close relative of the child, or a “next friend” of the child who is a responsible adult appointed by a court (North Carolina General Assembly). Statue §§ 48-3-601; 48-3-603 declares that older children, twelve years or older, must give consent to their adoption, unless a court finds that it is not in the child’s best interest to require consent.

When the consent must be executed, as well as how the consent it to be executed is an important part of making an adoption case legal. When consent can be executed is emphasized in Statue § 48-3-604 which identifies that consent can be executed by the father at any time before or after the child’s birth, however a mother may only consent to adoption after her child is born. A guardian is able to consent at any time, and an agency with custody of a child must execute thier consent no later than thirty days after being served notice of a proceeding for adoption. In order to make sure that there is no fraud in ones consent, it is outlined in statue §§ 48-3-605; 48-3-606 how exactly the consent must be executed. The Consent for the adoption must be signed and executed under oath in front of an authorized individual, declaring that consent was voluntary and stating the legal consequences of the consent. The parent must also have been advised of the right to legal counsel and been made aware of counseling services that are available through a specific department.

Being that adoption is meant to create a permanent and stable home for a child, consent to adopt is intended to be final and irreversible. To ensure a stable home for the child the right of a birth parent to revoke their consent is strictly limited. Statue §§ 48-3-607; 48-3- 608; 48-3-609, states the only ways to legally revoke the consent for adoption. In most cases consent is final and irrevocable, however the statue states that consent given to an infant or any other child may be revoked within seven days of the execution, direct placement consent may be revoked in five business days, and consent may be revoked if there is fraud, distress or mutual agreement. The consent becomes permanent once the court issues a final decree of adoption.

North Carolina state adoption laws have strict laws concerning adoption and the putative father, which is the man who may be a child's father, but who was not married to the child's mother before the child was born and has not established that he is the father in a court proceeding. The NC adoption putative statute was enlisted due to the recent rise in “out-of wedlock” births. The population of putative fathers who want to play a role in raising their child has been growing in recent years, and with the expanding population their legal rights have become very important. Putative fathers have fewer rights with regard to their children than unwed mothers or married parents. The putative rights find that the putative father must file fifteen days from when they receive the notice of the mother's intent to place the child for adoption, and is not entitled to further notice of adoption proceedings if he doesn’t respond and lastly he must file a response to an adoption petition in thirty days after he receives the service of notice under the statue §§ 48-2-206(a), (c); 48-2-401 of the chapter forty-eight adoption laws (North Carolina General Assembly).

Other important adoption laws in North Carolina include the Infant Safe Haven laws, which were issued to put a stop to infant abandonment and infanticide allowing individuals to surrender infants for adoption legally and in a safe manor. The general assembly passed this law in 2001 which allows parents to legally give up an unwanted infant anonymously and safely when the child is less than seven days old. The parent may give the baby to a health care provider at a hospital, a health department or community health center, a law enforcement office, a social service worker, an emergency medical service worker, or any other adult. Its purpose is to encourage parents to deliver the infant to a safe place instead of abandoning it in a way that may harm the health of the infant. This law grants that the parent does not have to provide any information and will not be prosecuted for abandonment of their child by the statute §§ 7B-500; 14-322.3 (North Carolina General Assembly).

North Carolina state laws regulate adoption expenses, regulating the fees and expenses that adoptive parents are expected to pay when arranging an adoptive placement. The statue В§ 48-10-103(a) notes the specific type of birth parent expenses a prospective adoptive family is allowed to pay. In North Carolina the expenses include medical, hospital, pharmaceutical, and nursing costs, travel expenses, counseling services, ordinary living expenses along with legal and court costs. The expenses that the adopting parents are responsible for limit living expenses from being paid beyond six weeks. Payments for arranging an adoption prohibit a person or entity from receiving compensation for placing a child, arranging consent, or assisting other ways in locating a child or adoptive family. However, an agency may charge a fee for services, which may include the preparation of the preplacement and postplacement home studies of the adoptive family, a social and medical history of the birth family, and birth family counseling.

The North Carolina General Assembly chapter forty-nine, adoption, has been reviewed to better inform the reader who is eligible to adopt, the adoption consent laws, the putative father laws, safe haven laws, adoption expense regulation laws, and the background behind adoption. It is evident through these laws that North Carolina regulates adoption ensuring that adoption is a fair, structured process in North Carolina that ultimately protects the minors well being .

 

Herman, Ellen. "Adoption History in Brief." The Adoption History Project. 11 July 2007. Department of Histry University of Oregon . 22 Apr 2008 <http://www.adopting.org/uni/frame.php?url=http://darkwing.uoregon.edu/~adoption/index.html>.

"Numbers and Trends." Adoption.com. 21 Feb 2003. National Adoption Information Clearinghouse. 22 Apr 2008 <http://statistics.adoption.com/information/adoption-statistics-numbers-trends.html>.

"Chapter 48. Adoptions." North Carolina General Statutes. North Carolina General Assembly . 22 Apr 2008 <http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_48.html>.