Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in North Carolina may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the
important parts of North Carolina child adoption law including such topics as advertising, use of adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights
(called a Consent, Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Gen. Stat. § 48-10-101(b)-(b1)
No one other than a county department of social services, an adoption facilitator, or a licensed agency may advertise in any periodical or newspaper, or by radio, television, or other public medium,
that any person or entity will place or accept a child for adoption.
This article shall not prohibit a person from advertising that the person desires to adopt. This section shall apply only to a person with a current completed preplacement assessment that finds the person
suitable to be an adoptive parent.
The advertisement may be published only in a periodical or newspaper or on radio, television, cable television, or the Internet. The advertisement shall include a statement that:
Indicates that the person has a completed preplacement assessment
Identifies the name of the agency that completed the preplacement assessment
Identifies the date the preplacement assessment was completed
States whether the person is willing to provide lawful expenses
Use of Intermediaries/Facilitators
Citation: Gen. Stat. §§ 48-1-101(3a); 48-3-201; 48-3-202; 48-10-101
No one other than a parent, guardian, or agency may place a minor for adoption. No one other than a parent, guardian, agency, or an adoption facilitator may solicit potential adoptive parents for children
in need of adoption. No one other than an agency or an adoption facilitator, or an individual with a completed preplacement assessment that contains a finding that the individual is suitable to be an adoptive
parent or that individual's immediate family, may solicit for adoption a potential adoptee.
An ''adoption facilitator'' is an individual or a nonprofit entity that assists birth parents in locating and evaluating prospective adoptive parents without charge.
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.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 48-10-103(a)
Medical, hospital, pharmaceutical, nursing, and travel expenses connected to the pregnancy and birth
Counseling services for the parent or adopted person
Ordinary living expenses
Legal and court costs
Birth Parent Expenses Not Allowed
Citation: § 48-10-103(a)(4)
Living expenses may not be paid beyond 6 weeks after the birth of the child.
Allowable Payments for Arranging Adoption
Citation: § 48-10-102
Except for the expenses authorized by § 48-10-103, a person or entity may not give or receive compensation for:
Placing a child
Arranging consent
Otherwise assisting in locating a child or adoptive family
Allowable Payments for Relinquishing Child
Citation: § 48-10-103(c), (d)
A payment may not be contingent on consent to the adoption or placement or relinquishment of the child, nor can payments that have been made be recovered.
Expenses may be recovered if they were accepted with fraudulent intent.
Accounting of Expenses Required by Court
Citation: § 48-2-602
At least 10 days before the hearing, the petitioner shall file with the court an affidavit accounting for any payments or disbursements made or agreed to be made in connection with the adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Gen. Stat. §§ 48-3-601; 48-3-602
Consent to an adoption in a direct placement must be executed by:
The mother of the minor
Any man who may or may not be the biological father of the minor but who:
Is or was married to the mother
Attempted to marry the mother of the minor before the minor's birth
Has legitimated the minor under the law of any State
Has acknowledged his paternity of the minor
Has received the minor into his home and openly held out the minor as his biological child
Is the adoptive father of the minor
A guardian of the minor
The guardian ad litem of an incompetent parent
In an agency placement, consent must be provided by:
The agency that placed the minor for adoption
Each individual described above who has not relinquished the minor
Age When Consent of Adoptee is Considered or Required
Citation: Gen. Stat. §§ 48-3-601; 48-3-603
Consent to an adoption must be executed by the minor to be adopted if he or she is age 12 or older unless the court finds that it is not in the best interest of the minor to require the consent.
When Parental Consent is not Needed
Citation: Gen. Stat. § 48-3-603
Consent to an adoption of a minor is not required of:
An individual whose parental rights and duties have been terminated
A man, other than an adoptive father, if the man has been judicially determined not to be the father of the minor to be adopted, or another man has been judicially determined to be the father of the minor
An individual who has relinquished parental rights or guardianship powers, including the right to consent to adoption
A man who is not married to the minor's birth mother and who, after the conception of the minor, has executed a notarized statement denying paternity or disclaiming any interest in the minor
A deceased parent or the personal representative of a deceased parent's estate
An individual listed in § 48-3-601 who has not executed a consent or a relinquishment and who fails to respond to a notice of the adoption proceeding within 30 days after the service of the notice
An individual who does not respond to notice in a timely manner or whose consent is not required as determined by the court
An individual whose actions resulted in a conviction under § 14-27.2 or § 14-27.3 and the conception of the minor to be adopted
The court may issue an order dispensing with the consent of a guardian or an agency that placed the minor upon a finding that the consent is being withheld contrary to the best interest of the minor.
When Consent Can Be Executed
Citation: Gen. Stat. § 48-3-604
A man whose consent is required under § 48-3-601 may execute a consent to adoption either before or after the child is born.
The mother of a minor child may execute a consent to adoption at any time after the child is born but not sooner.
A guardian of a minor to be adopted may execute a consent to adoption at any time.
An agency licensed by the Department or a county department of social services in this State that places a minor for adoption shall execute its consent no later than 30 days after being served with
notice of the proceeding for adoption.
A minor to be adopted who is age 12 or older may execute a consent at any time.
Revocation of Consent
Citation: Gen. Stat. §§ 48-3-607; 48-3- 608; 48-3-609
A consent is final and irrevocable except under a circumstance set forth below.
A consent to the adoption of any infant who is in utero or any minor may be revoked within 7 days following the day on which it is executed. The individual who gave the consent may revoke by giving written
notice to the person specified in the consent.
In a direct placement, if a preplacement assessment is required, and if placement occurs before the preplacement assessment is given to the parent or guardian who is placing the minor, then that individual's
time to revoke any consent previously given shall be either 5 business days after the date the individual receives the preplacement assessment or the remainder of the 7 days, whichever is longer.
If a person revokes a consent, the prospective adoptive parent shall, immediately upon request, return the minor to that person.
If a person revokes consent, the adoption cannot proceed until another consent is obtained or the person's parental rights are terminated. A second consent to adoption by the same adoptive parents is
irrevocable.
A consent shall be void if:
Before the entry of the adoption decree, the individual who executed the consent establishes by clear and convincing evidence that it was obtained by fraud or duress.
The prospective adoptive parent and the individual who executed the consent mutually agree in writing to set it aside.
The petition to adopt is voluntarily dismissed with prejudice.
The court dismisses the petition to adopt and no appeal has been taken, or the dismissal has been affirmed on appeal and all appeals have been exhausted.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 48-2-206(a), (c); 48-2-401
The putative father:
Must file within 15 days of receiving notice of the mother's intent to place the child for adoption
Is not entitled to further notice of adoption proceedings if he fails to respond
Must file a response to an adoption petition within 30 days after service of notice
Please visit adoption law in South Carolina for more details. |