Relative Adoptions

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Asterisks (*) indicate requirements that may be different if the petitioner is a grandparent and the adoptee has lived with said grandparent for more than two years.

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

Applies only to placement by parent (not any agency) for adoption by grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle or great-grandparent of minor. Placement by parents with other relatives are treated as independent adoptions and require a preplacement assessment.

___ 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.

___ Consent to Adoption by Parent, Guardian Ad Litem or Guardian (DSS-1802).

___ *Copy of birth certificate for adoptee’s biological parent/petitioner’s adult child (* this is to demonstrate that the petitioner is a grandparent of the adoptee. Does NOT need to be a certified copy).

NOTE: Only father may execute pre-birth relinquishments. G.S. 404.8-3-6

NOTE: Where the child has already been adopted I a foreign country, that adoption order is accepted in lieu of parental consents when adoptive parents wish to readopt in North Carolina. 48-2-205.

___ 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.

___ 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.

NOTE: Placement by parents with a first cousin, great-aunt, great-uncle or great-grandparent of the minor across state lines requires ICPC compliance (which includes a preplacement assessment) even if the parents also live in North Carolina.

___ A writing that states the names of any individual whose consent maybe required, but who has not executed a consent 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: This includes any possible father who has not executed a consent or denial of paternity, had his rights terminated or been judicially determined not to be the father. It also includes notice to (1) the spouse of the petitioner if the joinder requirement may be waived, but effective for petitions filed on or after 10/01/05, this notice may be waived and (2) a minor whose consent has not been required by the clerk.

When notice is given and a possible father does not respond within 30days, 40 days to notice by publication, G.S. 48-3-603(a) (7) provides that his consent to the adoption is not required. Effective with petitions files on or after 10/01/05, the clerk must enter an order finding his consent is not necessary because he did not respond under G.S. 48-2-207. If publication is used, the petitioner must file an affidavit showing due diligence in trying to find the father. Rule 4(j)(1) and (j)(2) of the Rules of Civil Procedure.

If a father or possible father does respond the clerk must hold a hearing to determine whether his consent is required under G.S. 48-3-601, setting out steps fathers must take to preserve their rights in an adoption. This hearing may be transferred to a district court judge pursuant to GS 48-2-601(a1).

___ *Order for Report on Proposed Adoption (DSS-1807) mailed or delivered to agency. G.S. 48-2-501; 48-2-403. (*May be wavied pursuant to G.S. 48-2-50-(D)(2))

___ *Report on Proposed Adoption (DSS-1808). G.S.48-2-502 and 503. (*May be wavied pursuant to G.S. 48-2-50-(D)(2))

___ 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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