Adult Adoptions

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An “adult” is defined by NCGS 48-1-101(3) as an individual who is 18 years of age, or if under the age of 18, is either married or has been emancipated under applicable State Law.

___ Copy of Adoptee’s Birth Certificate (Does NOT need to be a certified copy)

___ Petition for Adult Adoption (DSS-5163), NCGS 48-5-101.

___ Attachments to petition.

___ Consent to Adoption by Adult Adoptee (DSS-5164).

___ Consent to Adoption by Spouse of Petitioner (DSS-5165) (when adult’s stepparent is petitioner) unless waived for cause.

___ If applicable, consent to adoption by guardian of incompetent adult adoptee.

NCGS 48-5-103. Also need investigation by court appointed GAL other than guardian.

___ Proof of Service of Notice by Petitioner to appropriate persons listed in NCSG 48-2-401, including any adult children of prospective adoptive parent and any parent, spouse or adult child of adoptee listed in petition to adopt; or, certified copies of any written waivers of that notice.

NOTE: For cause, the requirement of notice to the adoptee’s parent may be waived.

___ Affidavit of Fees and Expenses (DSS-5191). Must include amount of each payment or disbursement and name and address of each recipient. Must be filed at least 10 days before entry of final decree. NCGS 48-2-602; 48-2-603(9); 48-10-103.

___ Decree of Adult Adoption (DSS-5166).

NCGS 48-2-605 provides that the prospective adoptive parent and the adoptee shall both appear in person unless the court for cause waives this requirement, in which case an appearance for either or both may be made by an attorney authorized in writing to make an appearance. At least 30 days shall have elapsed from the filing of the adoption petition unless waived by the clerk, but notice of the petition must have been served on all required persons.

___ Report to Vital Records for Adult Adoption (DSS-5167).

State Law prohibits the Clerk’s Office staff from; providing any legal advice, providing instructions for completing forms, referring an attorney, or recommending specific ways to pursue legal action.

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