Adoptions
Creating Families
Adoption is a special proceeding before the Clerk of Superior Court. See below for information about different types of adoption with which Harrison Whitaker can assist. Sometimes it is necessary for steps to be completed before you file the petition for adoption. If you are interested in adopting, speak with an attorney about the legal steps you need to take.
Agency adoption
We can assist with adoptions through licensed child placing agencies and the North Carolina County Department of Social Services. In these adoptions, the agency will obtain legal custody of the minor child and place the minor child for adoption. The agency usually performs the Preplacement Assessment (or another agency has prepared that document) and the agency will usually prepare the Report on Proposed Adoption (home study) after the adoption petition is filed.
Independent adoption
We can assist with an independent adoption. In an independent adoption, the biological parents are placing the minor child directly with the adoptive parents. This adoption can be done between the parties, with an adoption facilitator, or through permitted advertising. If you are discussing an independent adoption, we recommend that you speak with an attorney early on in the process so that you can make sure that you arrange for the Preplacement Assessment to be performed and other necessary documents.
Relative adoption
We can assist with relative adoptions. A relative adoption in North Carolina is an adoption by a grandparent, full or half sibling, first cousin, aunt, uncle, great-aunt, great-uncle, or great grandparent of the child. A relative other than those listed in the adoption statute is not a relative adoption but rather is an independent adoption. A relative adoption does not require a Preplacement Assessment.
Stepparent adoption
We can assist with stepparent adoptions. A stepparent may file a petition to adopt his/her stepchild if the stepparent’s spouse has legal and physical custody of the child and the stepchild has resided with the stepparent and spouse during the six months immediately preceding the filing of the petition. A stepparent may also file if their spouse is deceased or adjudicated incompetent and before dying or being adjudicated incompetent the spouse had legal and physical custody of the child and the child has resided with the stepparent primarily during the six months immediately preceding the filing of the petition. In addition, a court for cause may allow a stepparent adoption that does not meet the above requirements. A living biological parent must consent to the adoption unless it is determined that their consent is not statutorily required and any guardian of the minor child must consent.
Adult adoption
We can assist with adult adoptions. An adult may adopt another adult except a person may not adopt his or her spouse. The adult adoptee must consent to the adoption. A married individual must file with their spouse unless he/she is the adoptee’s stepparent or former stepparent or the court waives the requirement for cause. The following individuals must receive notice of the adult adoption: any adult children of the prospective adoptive parent, and any spouse, parents and adult children of the adoptee. The court for cause may waive the requirement of notice to a parent of adult adoptee.
Frequently Asked Questions
Who can adopt?
A married couple or an individual. A married individual must file with their spouse unless
he/she files a motion to waive this requirement for cause.
Does the child being adopted need to consent?
Yes, if the child is 12 years of age or older the minor child must consent unless this requirement is waived for cause.
Who can be adopted?
A child or adult.
An adult is anyone 18 or older or who is under 18 and is emancipated or married.
How long will the process take?
The amount of time varies by the type of adoption and the facts of each case. For a
minor child, the statute provides that a decree will not be entered prior to the expiration
of 90 days from when the petition is filed. However, it is possible to file a motion to
waive the 90 days if there are facts to support a waiver.