How Does Adoption Work? 

Under North Carolina law, a child can have at most two legal parents. In most cases, a child cannot be adopted unless the natural parents are deceased, have received notice of the adoption and not objected, or have had their parental rights terminated. In some cases, an adoption may proceed over the objection of the biological parent. This is most common in a case where the biological parent has effectively abandoned the child. 

 

A child may be adopted by an individual or by a married couple. North Carolina law does not allow unmarried couples to adopt together. 

 

In most child adoptions, a pre-placement assessment is required. You may also hear this assessment described as a “home study.” The home study is intended to ensure that the prospective adoptive parents and their home are suitable for the child. 

 

Special Adoption Cases

In some cases, family adoptions and stepparent adoptions may be simplified. For example, if the child has already been living with a stepparent for a long time when the stepparent petitions for adoption, a pre-placement study may not be required. Similarly, if a close relative such as a grandparent, sibling, or aunt/uncle seeks to adopt a child and that relative is already caring for the child, the home study may be waived. 

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Adoption is a Technical Process

From the family’s perspective, adoption is a very personal and emotional process. But, legally accomplishing an adoption requires a technical process involving notices, investigations, and precise paperwork. If you are considering adoption, it is in your best interest to work with an experienced North Carolina adoption attorney from as early in the process as possible. 

 

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Frequently Asked Questions about North Carolina Adoptions

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Can the biological parents change their minds after consenting to an adoption?

Many adoptive parents are understandably concerned about the possibility that a natural parent may back out of the adoption. In North Carolina, biological parents have just seven days after consenting to an adoption to withdraw their consent. So, although birth parents do have an opportunity to change their mind, adoptive parents can be secure in the consent very soon after the consent is executed. 

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Who conducts an adoption home study? 

Depending on the adoption, the pre-placement assessment may be conducted by the local department of social services or by a licensed adoption agency. 

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What type of information goes into the pre-placement assessment? 

The pre-placement assessment can be quite extensive, particularly if you are adopting as unrelated parties with little or no prior relationship to the child. Some examples include family relationships, finances, physical and mental health, resources and support, and criminal history of any adult in the household. 

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How long does a North Carolina adoption take? 

The length of the adoption process can vary significantly, depending on the type of adoption, whether the birth parents consent to the adoption, and other factors. In some cases, a stepparent or relative adoption with consent can be completed in just a few months. In adoption placement cases with the need for extensive pre-placement assessment or in cases where the biological parent objects, the case may take a year or more to complete. Your adoption lawyer is the best source of information about what to expect in your specific case.