North Carolina adoption laws


WHO CAN ADOPT IN NORTH CAROLINA?

Any adult, except a married couple can’t adopt his/her spouse.

Can LGBT families adopt? Same-sex couples can petition for joint adoption; however, they may face legal restrictions in some parts of the state.

NORTH CAROLINA DOMESTIC ADOPTION LAWS

Can adoptive parents advertise for birth parents? Yes.

Can out-of-state residents finalize an adoption? Yes.

Can adopting parents use an adoption facilitator or another paid intermediary? Only a parent, guardian or agency may place a minor for adoption, but the facilitator can’t charge for services.

What birth parent expenses may be paid, and in what time period? Medical (including travel), legal, counseling when directly related to adoption, living. Court approval of expenses required. No reimbursement unless fraud by birthparent is proved. Up to 6 weeks postpartum.

Is there a putative father registry? Yes.

When can consent to adoption be granted? Birthmothers: any time after birth. If child is at least 12 years old, then his consent is required and may be signed at any time; Birthfathers: any time.

 When does consent become irrevocable? If consent is revoked, is return to birth parent automatic? 7 days after signing. If last day falls on a weekend or holiday, revocation period extends to next business day. After that, consent only revocable if obtained by fraud or duress. Return is automatic.

Are post-adoption contact agreements legally enforceable? No.

NORTH CAROLINA INTERNATIONAL ADOPTION LAWS

Is a foreign adoption decree automatically recognized by the state? Not addressed in state statutes.

Can parents readopt in this state? Is it mandatory? Yes, but there is no mention of whether or not it’s mandatory.

When will a U.S. birth certificate be issued? The State Registrar will issue a certificate of identification for a child residing in North Carolina at the time of application upon receipt of a copy of the original birth certificate and adoption decree. The State Registrar will issue a certificate of identification for a child readopted in North Carolina upon receipt of an adoption report from the Division of Social Services.

ADOPTION FROM FOSTER CARE IN NORTH CAROLINA

Are adoption subsidies available? When do they start and how long do they last? Yes, adoption subsidies are available for a special needs child as defined by one of the following: 6 years or older, 2 years or older if member of a minority or ethnic group, member of a sibling group of 3 of more children being placed together with at least one sibling qualifying as a special needs child, has a medically diagnosed and ongoing disability or is at risk of developing a disability, a psychiatric condition, an emotional or behavioral disorder, or is mentally ill. In addition, an authorized North Carolina agency must be in charge of the child’s placement and prove that efforts were made to place the child without subsidies. The adopting parents must prove that they could not adopt the child without subsidies. Starts a month after adoption finalization.

Where can I learn more about the process of adopting a child from foster care in North Carolina? http://www.ncdhhs.gov/dss/adopt/how.htm#step1

NORTH CAROLINA ADOPTION UNIT
Division of Social Services
325 North Salisbury Street, Suite 715—2409
Mail Service Center
Raleigh, NC 27699
(919)-733-9464
esther.high@ncmail.net
http://www.ncdhhs.gov/dss/adopt