Agency Adoptions

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

___ Petition for Adoption of Minor Child (DSS-1800) G.S. 48-2-301 to 48-2-306.

NOTE: The spouse of the petitioner must join in the petition unless the spouse has been declared incompetent or the requirement is waived for cause. This waiver needs to be in writing.

NOTE: The petition must be filed within 30 days of the child’s placement for adoption, but this time may be extended.

NOTE: If the petitioner is unmarried, no other may join in the petition.

___ Attachments to Petition. G.S. 48-2-305 (omitted information may be filed before the final decree. G.S. 48-2-306).

___ Affidavit of Parentage (DSS-1809) G.S. 48-3-206.

NOTE: This may be prepared by someone with knowledge of the child’s parentage, if the parents are not available. If the agency has terminated the parental rights of all parents, this affidavit is not required.

___ Agency’s Consent to Adoption (DSS-1801).

___ Relinquishment of Minor for Adoption by Parent of Guardian (DSS-1804)

NOTE: Only father may execute pre-birth relinquishments. G.S. 48-3-604.

___ Certified copy of any court order terminating the rights of a parent or guardian of adoptee.

___ Denial of Paternity (DSS-5118)

NOTE: Only unwed father may deny paternity. G.S. 48-3-603(a) (5).

___ Consent of Child for Adoption (DSS-1803) 12 years or older unless dispense within writing by clerk of court under G.S. 48-3-603(b) (1).

___ Certified copy of any court order or pleading in a pending proceeding concerning custody of or visitation with the adoptee.

___ Copy of the Preplacement Assessment certified by the agency that prepared it or affidavit stating why preplacement assessment is not available. Preplacement Assessment must have been completed or updated within 18 months of adoptive placement.

___ Consent to Release of Identifying Information (DSS-5218) by a placing parent and adopting parents to release identifying information under G.S. 48-9-109.

___ Non-Identifying Background Information (DSS-5102) and Adoption Health History, (Part I and II) (DSS-5103) – Certified copies of documents or affidavits stating why documents are not available. G.S. 48-3-205.

___ Any signed copy of 100A (DSS-1837) required by Interstate Compact on the Placement of Children (ICPC) authorizing minor to come into North Carolina or affidavit stating why authorization is not available.

___ A writing that states the names of any individual whose consent maybe required, but who has not executed a consent or relinquishment or whose parental rights have not been terminated.

___ Proof of Service Notice by petitioner(s) to appropriate persons or certified copies of any written waivers of that notice by those persons. G.S. 48-2-401; G.S. 48-2-407,

NOTE: Notice must go to (1) the spouse of the petitioner if the joinder requirement may be waived, unless that notice is waived and (2) a minor 12 or older whose consent has not been required by the clerk.

In agency adoptions, the agency shall file a TPR petition against an unknown parent or possible parent instead of serving notice by publication under this section. An agency may give actual notice by personal service or registered mail to a parent, and if that parent does not respond, the clerk must enter an order that this consent is not necessary under G.S. 48-2-207.

___ Notice of adoption proceeding mailed or otherwise delivered by Clerk no later than five (5) days after petition filed to any agency that has undertaken but not yet completed a Preplacement Assessment and any agency ordered to make a report to the court. G.S. 48-2-403.

___ Order for Report on Proposed Adoption (DSS-1807) mailed or otherwise delivered to (1) agency that placed minor or (2) agency that prepared Preplacement Assessment or (3) another agency.

___ Report on Proposed Adoption (DSS-1808) including any supplemental reports filed if the initial report indicated a concern with the adoption and the time for final decree was extended to allow resolution of those concerns. The supplemental report must indicate whether and how the concerns have been satisfied. G.S.48-2-502 and 503.

___ Affidavit-Disclosure of Fees & Expenses (DSS-5191) accounting for any payments or disbursements made or agreed to be made by petitioner in connection with adoption. 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 decree of adoption in order to give clerk time to review. G.S. 48-2-602; 48-2-603(9); 48-10-103.

___ Decree of Adoption (DSS-1814)

Time and date of hearing (if contested) or disposition of petition set no later than 90 days after petition filed. Requirement that 90 days have elapse sine petition filed may be waiver for cause. Hearing or disposition must take place no later than six month after petition filed unless extended. G.S. 48-2-601; 48-2-603.

___ Report to Vital Records (DSS-1815).

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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