North Carolina permits adoptions of children in a variety of circumstances. Specifically, in situations where a biological parent—or perhaps a father who has never been confirmed as “dad”—has never come forward to be present for a child, the law permits someone else to do so. What does that look like?
Most commonly, a biological parent has been the sole and exclusive caregiver for a child since birth. The other parent is either unknown (dad) or simply has not engaged to be a full-time parent. The custodial parent—the one with the child—decides to start dating, gets married, and now their new spouse is filling the role the missing parent should fill. This stepparent begins to fill big shoes and is “mom” or “dad” to this child, who is not theirs biologically. They attend the parent-teacher conferences, go to ball games, and dry the tears when someone falls off a bike or gets picked on in school. They are a parent in every other sense of the word except legally.
In these situations, the custodial parent—again, the biological parent who has custody—can initiate an action called “Termination of Parental Rights.” It’s a lawsuit to do exactly what it sounds like. While we can explore this topic another day, suffice it to say that this is a way to legally “cut off” another biological parent. This is a necessary first step in order to make the child “available” for adoption.
If the child has had their non-present parent’s rights terminated—cut off—the child is now “available” to be adopted. In North Carolina, only a spouse can adopt a biological child of their partner. So, if you and “stepmom” are only dating but not actually married, she cannot adopt. However, assuming you’re married, the stepparent must file a Petition to Adopt with the Clerk of Court in the county where they reside. They must obtain consent from the biological parent, consent from the child (if 12 years old or older), as well as a home study. This last part, the home study, is often what takes the most time to accomplish. This generally requires hiring a third-party agency to review the home, interview the family, run background checks, and make a general assessment of the viability of the adoption and the likelihood that this adoption will be a successful placement of the child at issue.
Once all the necessary paperwork is signed and completed, the Clerk’s office reviews the petition and the supporting documentation. If, after reviewing everything, the Clerk agrees, the adoption is approved. In some situations, families may have been waiting on this special moment for years and may want a special ceremony. In those cases, coordination with the Clerk’s office is needed to facilitate an adoption ceremony in which the decree of adoption is signed and filed in an open courtroom, and family members are allowed to be present to take photos and rejoice in the special moment.
An adoption is one of the most joy-filled opportunities in which any attorney could assist a family. It allows a bond that has already existed for years to become a legally binding connection. That connection will follow the family through death, entitling that child to inheritance rights that they otherwise would not have been permitted to have. This can help protect family units in a manner that no other document, such as a will, ever can.
If you have been considering an adoption but are not sure where to begin, contact us today. We would love to discuss how we can help families solidify their unique family units.