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 […]
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. […]
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 […]
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 […]
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 or stepparent pending final decree. (a) When spouses have petitioned jointly to adopt and one spouse dies before entry of a final decree, the adoption may proceed in the names of both spouses. Upon completion of the adoption, the name of the deceased spouse shall be entered as one […]
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 minor child has been previously adopted in a foreign country by a petitioner or petitioners seeking to readopt the child under the laws of North Carolina, the adoption order entered […]
48-2-206. Prebirth determination of right to consent. (a) At any time after approximately three 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 […]
48-2-207. Necessity of consent post-petition. (a) If any individual who is described in G.S. 48-3-601 or entitled to notice under 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, […]
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 […]
48-2-302. Concurrent petitions to adopt and terminate parental rights. (a) Repealed by Session Laws 2012-16, s. 1, effective October 1, 2012. (b) Repealed by Session Laws 2013-236, s. 4, effective July 3, 2013. (c) A petition for adoption may be filed concurrently with a petition to terminate parental rights. (1949, c. 300; 1957, c. 90; […]
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 […]
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, […]
48-2-305. Petition for adoption; additional documents. 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 […]
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. […]
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 initiate service of 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 […]
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 […]
48-2-403. Additional notice of proceedings by petitioner. No later than five days after a petition is filed, the petitioner 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 […]
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 […]
