§ 48-3-100 – Application of Article.
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.)
§ 48-3-201 – Who may place 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 […]
§ 48-3-202 – Direct placement for adoption.
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 […]
§ 48-3-203 – Agency placement adoption.
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 […]
§ 48-3-204 – Recruitment of adoptive parents.
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 […]
§ 48-3-205 – Disclosure of background information.
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 […]
§ 48-3-206 – Affidavit of parentage.
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 […]
§ 48-3-207 – Interstate placements.
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).)
§ 48-3-301 – Preplacement assessment required.
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 […]
§ 48-3-302 – Request for preplacement assessment.
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 […]
§ 48-3-303 – Content and timing of preplacement assessment.
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 […]
§ 48-3-304 – Fees for preplacement assessment.
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 […]
§ 48-3-305 – Agency disposition of preplacement assessments.
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 […]
§ 48-3-306 – Favorable preplacement assessments.
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 […]
§ 48-3-307 – Assessments completed after placement.
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 […]
§ 48-3-308 – Response to unfavorable preplacement assessment.
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 […]
§ 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.
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 […]
§ 48-3-401 – "Health care facility" and "attending practitioner" defined.
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.
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 […]
§ 48-3-501 – Petitioner entitled to custody in direct placement adoptions.
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 […]