A Guide to Adoption Law for North Carolina Birth Mothers 1. Who may place a child for adoption? Who accepts children for adoption? A parent with legal and physical custody of a child may place the child for adoption either with an agency - a county department of social services (DSS) or a licensed child placing agency – or directly with the adoptive parents. If the birth parents are married to each other and living together, both must place for adoption. Attorneys or adoption facilitators are not allowed to accept and place children in North Carolina. Individuals or organizations may assist birth parents in locating and evaluating prospective adoptive parents, but may not charge for that service in North Carolina. If the child will be placed with an agency, the parent signs a relinquishment to the agency, and the agency then places the child and executes its consent so the adoptive parents can adopt. If the child is placed directly with the adoptive parents in an independent adoption, the parent signs a consent to the adoptive parents. 2. Who may adopt? Any adult may adopt a child. If the adoptive parent is married, the spouse must join in the petition and adopt as well, unless the clerk waives this requirement. If the adult who wishes to adopt is unmarried, no one else may join in the petition. Single sex marriages are not recognized in North Carolina. If a single sex couple wishes to adopt, only one partner will become the adoptive parent. 3. Can a minor parent release a child for adoption without the appointment of a guardian for the minor parent? Must the parents of the minor parent agree? A minor parent is legally able to release a child for adoption without the appointment of a guardian or the consent of his or her parents. The minor parent is treated as an adult for this purpose. 4. Is the citizenship or immigration status of the birth parent or adoptive parents relevant in an adoption? The fact that a birth parent and/or adoptive parents are not citizens or even in this country legally is not an automatic bar to an adoption. However, citizenship and immigration status could be relevant to whether the adoption is in the child’s best interest in particular cases. For example, if the adoptive parents were at risk of deportation and wanted to adopt an unrelated child who was a US citizen, the clerk would consider those facts in determining if that adoption was in the child’s best interest. State law governs adoptions and federal law governs immigration, so the parties may need legal advice on both issues.
A Guide to Adoption Law for North Carolina Birth Mothers
Jul 09, 2023
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