This pamphlet provides an overview of stepparent adoption. Topics covered include general requirements, obtaining consents, and the legal steps to follow in the adoption process.
North Carolina USLegal Pamphlet on Stepparent Adoption
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FAQ
A birth mother or biological parents who have given their child up for adoption cannot get the child back once the adoption has been legally finalized. That is because parental rights have been completely terminated from the biological parents and transferred to the adoptive parents.
After he is served with notice of adoption proceedings, a father will have to assert a claim of paternity within a certain timeframe. If he fails to respond, the court will most likely enter an order that his consent is not required for adoption.
Although North Carolina has allowed for same-sex marriage since 2014, North Carolina does not yet allow second parent adoptions. North Carolina does not permit two unmarried people to adopt a child together.
What is the process for step-parent adoption? In order to adopt your step-child, you will need to file a petition with the Clerk of Superior Court in the county where you live or where the child lives. This initiates a ?special proceeding? with the court. There is a filing fee of $120 per child.
All consents must be in writing. A consent is invalid if it is obtained by fraud or duress. The parties to the adoption may also agree, in writing, to set the consent aside. The law generally allows a parent to revoke his or her consent within seven days of signing the original consent.
In North Carolina, a stepparent adoption may occur after the biological parent and the stepparent wishing to adopt have been married six months or longer. The other biological parent, known as the ?noncustodial parent,? must consent to his/her parental rights being terminated for the adoption to occur.
If a biological parent does not respond after service of notice of the adoption proceeding in a timely manner after service, the court may waive the consent requirement. The biological father may give written consent to adoption at any time before or after the child's birth.
Stepparent custody and visitation rights vary considerably by state. For instance, in North Carolina unless you have adopted your stepchild, you do not have custody and visitation rights if you divorce their biological parents.
Petition for Adoption of a Minor Child by a Stepparent (DSS-5162) North Carolina Form DSS-5162 is the petition for adoption of a minor child by a stepparent. Stepparent adoption also requires the consent of the child's other parent who is not the stepparent's spouse.
