reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 1 - General Provisions. › § 48-1-104 - Who may be adopted.

§ 48-1-104. Who may be adopted.
Any individual may be adopted as provided in this Chapter. (1949, c. 300; 1957, c. 778, s. 2; 1967, c. 880, ss. 2, 3; 1969, c. 21, ss. 3-6; 1971, c. 1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981, c. 657; 1987, c. 716, s. 1; 1989, c. 208; c. 727, s. 219(4); 1993, c. 539, s. 410; c. 553, s. 14; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 1 - General Provisions. › § 48-1-105 - Name of adoptee after adoption.

§ 48-1-105. Name of adoptee after adoption.
When a decree of adoption becomes final, the name of the adoptee shall become the name designated in the decree. (1949, c. 300; 1951, c. 730, ss. 1-4; 1955, c. 951, s. 1; 1967, c. 880, s. 3; c. 1042, ss. 1-3; 1969, c. 21, s. 2-6; c. 977; 1971, c. 1231, s. 1; 1973, c. 476, s. 128; c. 849, ss. 1-3; 1975, c. 91; 1981, c. 657; 1983, c. 454, s. 6; 1989, c. 208; c. 727, s. 219(3), (4); 1993, c. 553, s. 14; 1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 1 - General Provisions. › § 48-1-106 - Legal effect of decree of adoption.

§ 48-1-106. Legal effect of decree of adoption.
(a) A decree of adoption effects a complete substitution of families for all legal purposes after the entry of the decree.
(b) A decree of adoption establishes the relationship of parent and child between each petitioner and the individual being adopted. From the date of the signing of the decree, the adoptee is entitled to inherit real and personal property by, through, and from the adoptive parents in accordance with the statutes on intestate succession and has the same legal status, including all legal rights and obligations of any kind whatsoever, as a child born the legitimate child of the adoptive parents.
(c) A decree of adoption severs the relationship of parent and child between the individual adopted and that individual's biological or previous adoptive parents. After the entry of a decree of adoption, the former parents are relieved of all legal duties and obligations due from them to the adoptee, except that a former parent's duty to make past-due payments for child support is not terminated, and the former parents are divested of all rights with respect to the adoptee.
(d) Notwithstanding any other provision of this section, neither an adoption by a stepparent nor a readoption pursuant to G.S. 48-6-102 has any effect on the relationship between the child and the parent who is the stepparent's spouse.
(e) In any deed, grant, will, or other written instrument executed before October 1, 1985, the words "child", "grandchild", "heir", "issue", "descendant", or an equivalent, or any other word of like import, shall be held to include any adopted person after the entry of the decree of adoption, unless a contrary intention plainly appears from the terms of the instrument, whether the instrument was executed before or after the entry of the decree of adoption. The use of the phrase "hereafter born" or similar language in any such instrument to establish a class of persons shall not by itself be sufficient to exclude adoptees from inclusion in the class. In any deed, grant, will, or other written instrument executed on or after October 1, 1985, any reference to a natural person shall include any adopted person after the entry of the decree of adoption unless the instrument explicitly states that adopted persons are excluded, whether the instrument was executed before or after the entry of the decree of adoption.
(f) Nothing in this Chapter deprives a biological grandparent of any visitation rights with an adopted minor available under G.S. 50-13.2(b1), 50-13.2A, and 50-13.5(j). (1949, c. 300; 1953, c. 824; 1955, c. 813, s. 5; 1957, c. 778, s. 5; 1963, c. 967; 1967, c. 619, s. 5; c. 880, s. 3; 1969, c. 21, ss. 3-6; c. 911, s. 6; 1971, c. 1093, s. 13; c. 1231, s. 1; 1973, c. 849, s. 3; c. 1354, s. 5; 1975, c. 91; 1981, c. 657; 1983, c. 30; c. 454, ss. 2, 6; 1985, c. 67, ss. 1-4; c. 575, s. 1; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 1 - General Provisions. › § 48-1-107 - Other rights of adoptee.

§ 48-1-107. Other rights of adoptee.
A decree of adoption does not divest any vested property interest owned by the adoptee immediately prior to the decree of adoption including any public assistance benefit or child support payment due on or before the date of the decree. An adoption divests any property interest, entitlement, or other interest contingent on an ongoing family relationship with the adoptee's former family. (1949, c. 300; 1953, c. 824; 1955, c. 813, s. 5; 1963, c. 967; 1967, c. 619, s. 5; c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971, c. 1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981, c. 657; 1983, c. 454, s. 6; 1985, c. 67, ss. 1-4; c. 575, s. 1; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 1 - General Provisions. › § 48-1-108 - Adoptees subject to Indian Child Welfare Act.

§ 48-1-108. Adoptees subject to Indian Child Welfare Act.
If the individual is an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., then the provisions of that act shall control the individual's adoption. (1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 1 - General Provisions. › § 48-1-108.1 - Adoptees subject to the Hague Adoption Convention.

§ 48-1-108.1. Adoptees subject to the Hague Adoption Convention.
If the adoption of the adoptee is subject to the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention), the provisions of the Hague Adoption Convention shall control the individual's adoption. Documentation establishing whether the Hague Adoption Convention applies to an adoptee may be filed and copies thereof may be certified by the court before or after the decree of adoption has been granted. (2015-54, s. 1.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 1 - General Provisions. › § 48-1-109 - Which agencies may prepare assessments and reports to the court.

§ 48-1-109. Which agencies may prepare assessments and reports to the court.
(a) Except as authorized in subsections (b) and (c) of this section, only a county department of social services in this State or an agency licensed by the Department may prepare preplacement assessments pursuant to Article 3 of this Chapter or reports to the court pursuant to Article 2 of this Chapter.
(b) A preplacement assessment prepared in another state may be used in this State only if:
(1) The prospective adoptive parent resided in the state where it was prepared; and
(2) The person or entity that prepared it was authorized by the law of that state to gather the necessary information.
An assessment prepared in another state that does not meet the requirements of this section and G.S. 48-3-303(c) through (h) must be updated by a county department of social services in this State, an agency licensed by the Department, or a person or entity authorized to gather the necessary information pursuant to the laws of the state where the prospective adoptive parent resides before being used in this State.
(c) An order for a report to the court must be sent to a county department of social services in this State, an agency licensed by the Department, or a person or entity authorized to prepare home assessments for the purpose of adoption proceedings under the laws of the petitioner's state of residence. If the petitioner moves to a different state before the agency completes the report, the agency shall request a report from a person or entity authorized to prepare home assessments for the purpose of adoption proceedings under the laws of the petitioner's new state residence. (1949, c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 5; 1991, c. 335, s. 2; 1995, c. 457, s. 2; 1998-202, s. 13(h); 2009-185, s. 1; 2015-54, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 1 - General Provisions. › § 48-1-110 - Support for adoptive families at risk of dissolution.

§ 48-1-110. Support for adoptive families at risk of dissolution.
The Department of Health and Human Services shall develop a program to provide needed supports to families at risk of adoption dissolutions in order to keep families together. (2016-115, s. 5.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-100 - Jurisdiction.

§ 48-2-100. Jurisdiction.
(a) Adoption shall be by a special proceeding before the clerk of superior court.
(b) Except as provided in subsection (c) of this section, jurisdiction over adoption proceedings commenced under this Chapter exists if, at the commencement of the proceeding:
(1) The adoptee has lived in this State for at least the six consecutive months immediately preceding the filing of the petition or from birth;
(2) The prospective adoptive parent has lived in or been domiciled in this State for at least the six consecutive months immediately preceding the filing of the petition; or
(3) An agency licensed by this State or a county department of social services in this State has legal custody of the adoptee.
(c) The courts of this State shall not exercise jurisdiction under this Chapter if at the time the petition for adoption is filed, a court of any other state is exercising jurisdiction substantially in conformity with the Uniform Child-Custody Jurisdiction and Enforcement Act, Article 2 of Chapter 50A of the General Statutes. However, this subsection shall not apply and the courts of this State may exercise jurisdiction under this Chapter if either of the following apply:
(1) The matter in which the other state is exercising jurisdiction places custody of the adoptee in an agency, the petitioner, or another custodian expressly in support of an adoption plan that does not identify a specific prospective adoptive parent other than the petitioner.
(2) Prior to the decree of adoption being granted, the court of the other state dismisses its proceeding or releases its exclusive, continuing jurisdiction. (1949, c. 300; 1963, c. 699; 1967, c. 619, ss. 1-3; c. 693; c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971, c. 233, s. 1; c. 395; c. 1231, s. 1; 1973, c. 849, s. 3; c. 1354, ss. 1-4; 1975, c. 91; 1979, c. 107, s. 6; 1981, c. 657; 1983, c. 454, s. 6; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 88, ss. 3, 4; c. 457, s. 2; 1999-223, s. 8; 2007-151, s. 2; 2015-54, s. 3; 2019-172, s. 3.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-101 - Venue.

§ 48-2-101. Venue.
A petition for adoption may be filed with the clerk of the superior court in the county in which:
(1) A petitioner lives, or is domiciled, at the time of filing;
(2) The adoptee lives; or
(3) An office of the agency that placed the adoptee is located. (1949, c. 300; 1967, c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971, c. 233, s. 1; c. 1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981, c. 657; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 88, s. 4; c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-102 - Transfer, stay, or dismissal.

§ 48-2-102. Transfer, stay, or dismissal.
(a) If the court, on its own motion or on motion of a party, finds in the interest of justice that the matter should be heard in another county where venue lies under G.S. 48-2-101, the court may transfer, stay, or dismiss the proceeding.
(b) If an adoptee is also the subject of a pending proceeding under Chapter 7B of the General Statutes, then the district court having jurisdiction under Chapter 7B shall retain jurisdiction until the final order of adoption is entered. The district court may waive jurisdiction for good cause. (1949, c. 300; 1971, c. 233, s. 1; 1995, c. 88, s. 4; c. 457, s. 2; 1998-202, s. 13(i).)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-201 - Appointment of attorney or guardian ad litem.

§ 48-2-201. Appointment of attorney or guardian ad litem.
(a) The court may appoint an attorney to represent a parent or alleged parent who is unknown or whose whereabouts are unknown and who has not responded to notice of the adoption proceeding as provided in Part 4 of this Article.
(b) The court on its own motion may appoint an attorney or a guardian ad litem to represent the interests of the adoptee in a contested proceeding brought under this Chapter. (1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-203 - Confidentiality of proceedings under Chapter.

§ 48-2-203. Confidentiality of proceedings under Chapter.
A judicial hearing in any proceeding pursuant to this Chapter shall be held in closed court. (1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-204 - Death of a joint petitioner or stepparent pending final decree.

§ 48-2-204. Death of a joint petitioner or stepparent pending final decree.
(a) When spouses have petitioned jointly to adopt and one spouse dies before entry of a final decree, the adoption may proceed in the names of both spouses. Upon completion of the adoption, the name of the deceased spouse shall be entered as one of the adoptive parents on the new birth certificate prepared pursuant to Article 9 of this Chapter. For purposes of inheritance, testate or intestate, the adoptee shall be treated as a child of the deceased spouse.
(b) When a stepparent who has petitioned to adopt dies before entry of a final decree, the adoption may proceed in the name of the petitioning stepparent if the court causes to be mailed to any individual who executed a consent to adoption a notice advising that the petitioning stepparent has died and the individual may, within 15 days from the date the individual receives notice, request a hearing on the adoption. Notice is complete when mailed to the individual at the address given in the consent. Upon completion of the adoption, the name of the petitioning stepparent shall be entered as one of the adoptee's parents on the new birth certificate prepared in accordance with Article 9 of this Chapter. For purposes of inheritance, testate or intestate, the adoptee shall be treated as a child of the deceased stepparent. (1949, c. 300; 1995, c. 457, s. 2; 2013-236, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-205 - Recognition of adoption decrees from other jurisdictions.

§ 48-2-205. Recognition of adoption decrees from other jurisdictions.
A final adoption decree issued by any other state must be recognized in this State. Where a minor child has been previously adopted in a foreign country by a petitioner or petitioners seeking to readopt the child under the laws of North Carolina, the adoption order entered in the foreign country may be accepted in lieu of the consent of the biological parent or parents or the guardian of the child to the readoption. A man and a woman who adopted a minor child in a foreign country while married to one another must readopt jointly, regardless of whether they have since divorced. If either does not join in the petition, he or she must be joined as a necessary party as provided in G.S. 1A-1, Rule 19. If a man and a woman have adopted a minor child in a foreign country while married to one another and one of them has died, then the survivor may petition for readoption, and the court shall issue any decree of adoption in the names of both of the man and the woman who adopted the minor child in a foreign country. (1975, c. 262; 1983, c. 454, s. 6; 1995, c. 457, s. 2; 2009-185, s. 2.2; 2019-172, s. 4(a).)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-207 - Necessity of consent post-petition.

§ 48-2-207. Necessity of consent post-petition.
(a) If any individual who is described in G.S. 48-3-601 or entitled to notice under G.S. 48-2-401(c)(3) is served with notice of the filing of the petition in accordance with G.S. 48-2-402 and fails to respond within the time specified in the notice, the court, upon motion by the petitioner, shall enter an order under G.S. 48-3-603(a)(7) that the individual's consent is not required for the adoption.
(b) The court shall hold a hearing to take evidence and determine whether an individual's consent to an adoption is required if any of the following:
(1) Any individual described in G.S. 48-2-401(c)(3) who has been served with notice of the filing of the petition in accordance with G.S. 48-2-402 notifies the court within the time specified in the notice that he believes his consent to the adoption is required.
(2) Any individual who has not been served with the notice of the filing of the petition intervenes in the adoption proceeding alleging that his or her consent to the adoption is required.
(c) If the court determines that the consent of any individual is required, the adoption cannot proceed until such individual's consent is obtained or such individual's parental rights are terminated. If the individual whose consent is required did not have physical custody of the minor immediately prior to the placement of the minor with the prospective adoptive parents, a finding that such individual's consent is required does not entitle such individual to physical custody of the minor.
(d) If the court determines that the consent of any individual described in G.S. 48-2-401(c)(3) is not required, such individual shall not be entitled to receive notice of, or to participate in, further proceedings in the adoption. (2005-166, s. 2; 2013-236, s. 3.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-301 - Petition for adoption; who may file.

§ 48-2-301. Petition for adoption; who may file.
(a) A prospective adoptive parent may file a petition for adoption pursuant to Article 3 of this Chapter only if a minor has been placed with the prospective adoptive parent pursuant to Part 2 of Article 3 of this Chapter unless the requirement of placement is waived by the court for cause.
(b) Except as authorized by Articles 4 and 6 of this Chapter, the spouse of a petitioner must join in the petition, unless the spouse has been declared incompetent or unless this requirement is otherwise waived by the court for cause.
(c) If the individual who files the petition pursuant to Article 3 of this Chapter is unmarried, no other individual may join in the petition, except that a man and a woman who jointly adopted a minor child in a foreign country while married to one another must readopt jointly as provided in G.S. 48-2-205, and the survivor of the man and the woman who jointly adopted a minor child in a foreign country while married to one another may file to adopt in the names of both, as provided in G.S. 48-2-205. (1949, c. 300; 1963, c. 699; 1967, c. 619, ss. 1-3; c. 693; c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971, c. 395; c. 1231, s. 1; 1973, c. 849, s. 3; c. 1354, ss. 1-4; 1975, c. 91; 1979, c. 107, s. 6; 1981, c. 657; 1983, c. 454, s. 6; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 88, s. 3; c. 457, s. 2; 2009-185, s. 2.1; 2019-172, s. 4(b).)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-302 - Concurrent petitions to adopt and terminate parental rights.

§ 48-2-302. Concurrent petitions to adopt and terminate parental rights.
(a) Repealed by Session Laws 2012-16, s. 1, effective October 1, 2012.
(b) Repealed by Session Laws 2013-236, s. 4, effective July 3, 2013.
(c) A petition for adoption may be filed concurrently with a petition to terminate parental rights. (1949, c. 300; 1957, c. 90; c. 778, s. 3; 1971, c. 1185, s. 17; 1975, c. 321, s. 1; 1977, c. 879, s. 2; 1979, c. 107, s. 7; 1985, c. 758, ss. 5-9; 1987, c. 371, s. 1; 1995, c. 457, s. 2; 2012-16, s. 1; 2013-236, s. 4.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-303 - Caption of petition for adoption.

§ 48-2-303. Caption of petition for adoption.
The caption of the petition shall be substantially as follows:
STATE OF NORTH CAROLINA
IN THE DISTRICT COURT
COUNTY
BEFORE THE CLERK
*(Full name of petitioning father)
and
PETITION FOR ADOPTION
*(Full name of petitioning mother)
and
FOR THE ADOPTION OF
*(Full name by which the adoptee is to be known if the adoption is granted). (1949, c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1995, c. 88, s. 5; c. 457, s. 2; 1997-215, s. 9(d).)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-305 - Petition for adoption; additional documents.

§ 48-2-305. Petition for adoption; additional documents.
The petitioner shall file or cause to be filed the following documents:
(1) Any required affidavit of parentage executed under G.S. 48-3-206.
(2) Any required consent or relinquishment that has been executed.
(3) A certified copy of any court order terminating the rights and duties of a parent or a guardian of the adoptee.
(4) A certified copy of any court order or pleading in a pending proceeding concerning custody of or visitation with the adoptee.
(5) A copy of any required preplacement assessment certified by the agency that prepared the assessment or an affidavit from the petitioner stating why the assessment is not available.
(6) A copy of any document containing the information required under G.S. 48-3-205 concerning the health, social, educational, and genetic history of the adoptee and the adoptee's original family which the petitioner received before the placement or at any later time, certified by the person who prepared it, or if this document is not available, an affidavit stating the reason why it is not available.
(7) Any signed copy of the form required by the Interstate Compact on the Placement of Children, Article 38 of Chapter 7B of the General Statutes, authorizing a minor to come into this State, or any statement required by G.S. 48-2-304(c) describing the circumstances of any noncompliance.
(8) A writing that states the name of any individual whose consent is or may be required, but who has not executed a consent or a relinquishment or whose parental rights have not been legally terminated, and any fact or circumstance that may excuse the lack of consent or relinquishment.
(9) In an adoption pursuant to Article 4 of this Chapter, a copy of any agreement to release past-due child support payments.
(10) Any consent to an agency by a placing parent and adopting parents to release identifying information under G.S. 48-9-109.
(11) A certificate as required by G.S. 48-3-307(c), if the person who placed the minor executes a consent before receiving a copy of the preplacement assessment.
(12) A certified copy of any judgment of conviction of a crime specified under G.S. 48-3-603(a)(9) establishing that an individual's consent to adoption is not required.
Any document required under this section that is available to the petitioner when the petition is filed shall be filed with the petition. Any document required under this section that is not available when the petition is filed shall be filed as the document becomes available. The petitioner may also file any other document necessary or helpful to the court's determination. (1949, c. 300; 1953, c. 906; 1961, c. 186; 1969, c. 911, s. 7; c. 982; 1975, c. 702, ss. 1-3; 1977, c. 879, s. 5; 1985, c. 758, ss. 10, 11; 1995, c. 457, s. 2; 1997-215, s. 1; 1998-202, s. 13(m); 2001-150, s. 3; 2005-166, s. 4; 2013-236, s. 5.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-306 - Omission of required information.

§ 48-2-306. Omission of required information.
(a) Before entry of a decree of adoption, the court may require or allow the filing of any additional information required by this Chapter.
(b) After entry of a decree of adoption, omission of any information required by G.S. 48-2-304 and G.S. 48-2-305 does not invalidate the decree. (1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-402 - Manner of service.

§ 48-2-402. Manner of service.
(a) Service of the notice required under G.S. 48-2-401 must be made as provided by G.S. 1A-1, Rule 4, for service of process.
(b) In the event that the identity of a biological or possible biological parent cannot be ascertained and notice is required, the parent or possible parent shall be served by publication pursuant to G.S. 1A-1, Rule 4 (j1). The time for response shall be the time provided in the rule. The words "In re Doe" may be substituted for the title of the action in the notice as long as the notice contains the correct docket number. The notice shall be directed to "the unknown father [or mother] of" the adoptee, and the adoptee shall be described by sex, date of birth, and place of birth. The notice shall contain any information known to the petitioner that would allow an unknown parent or possible parent to identify himself or herself as the individual being addressed, such as the approximate date and place of conception, any name by which the other biological parent was known to the unknown parent or possible parent, and any fact about the unknown parent or possible parent known to or believed by the other biological parent. The notice shall also state that any parental rights the unknown parent or possible parent may have will be terminated upon entry of the order of adoption.
(c) In an agency placement under Article 3 of this Chapter, the agency or other proper person shall file a petition to terminate the parental rights of an unknown parent or possible parent instead of serving notice under subsection (b) of this section, and the court shall stay any adoption proceeding already filed, except that nothing in this subsection shall require that the agency or other proper person file a petition to terminate the parental rights of any known or possible parent who has been served notice as provided under G.S. 1A-1, Rule 4(j)(1) of the Rules of Civil Procedure. (1949, c. 300; 1957, c. 778, s. 5; 1969, c. 911, s. 6; 1971, c. 1093, s. 13; 1973, c. 1354, s. 5; 1983, c. 30; c. 454, ss. 2, 6; 1995, c. 457, s. 2; 2001-150, s. 4.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-403 - Additional notice of proceedings by petitioner.

§ 48-2-403. Additional notice of proceedings by petitioner.
No later than five days after a petition is filed, the petitioner shall mail or otherwise deliver notice of the adoption proceeding to any agency that has undertaken but not yet completed a preplacement assessment and any agency ordered to make a report to the court pursuant to Part 5 of this Article. The petitioner shall provide proof of service of the notice to the court. (1995, c. 457, s. 2; 1997-215, s. 3; 2019-243, s. 18.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-404 - Notice of proceedings by court to alleged father.

§ 48-2-404. Notice of proceedings by court to alleged father.
If, at any time in the proceeding, it appears to the court that there is an alleged father of a minor adoptee as described in G.S. 48-2-401(c)(3) who has not been given notice, the court shall require notice of the proceeding to be given to him pursuant to G.S. 48-2-402. (1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-405 - Rights of persons entitled to notice.

§ 48-2-405. Rights of persons entitled to notice.
Except as provided in G.S. 48-2-206(c), 48-2-206(d), and 48-2-207(d), a person entitled to notice whose consent is not required may appear and present evidence only as to whether the adoption is in the best interest of the adoptee. (1995, c. 457, s. 2; 2005-166, s. 6.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-406 - Waiver of notice; effect.

§ 48-2-406. Waiver of notice; effect.
(a) If notice is required under this Part, it may be waived in open court by the person entitled to receive it or by an agent authorized by that person; it may also be waived at any time in a writing signed by the person entitled to receive the notice.
(b) A person who has executed a consent or relinquishment or otherwise waived notice is not a necessary party and, except as provided in subsection (c) of this section, is not entitled to appear in any subsequent proceeding related to the petition.
(c) A parent who has executed a consent or relinquishment may appear in the adoption proceeding for the limited purpose of moving to set aside the consent or relinquishment on the grounds that it was obtained by fraud or duress. (1949, c. 300; 1957, c. 778, s. 5; 1969, c. 911, s. 6; 1971, c. 1093, s. 13; 1973, c. 1354, s. 5; 1983, c. 30; c. 454, ss. 2, 6; 1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-407 - Filing proof of service.

§ 48-2-407. Filing proof of service.
Proof of service of notice on each person entitled to receive notice under this Part, or a certified copy of each waiver of notice, must be filed with the court before the hearing on the adoption begins. (1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-501 - Report to the court during proceeding for adoption of a minor.

§ 48-2-501. Report to the court during proceeding for adoption of a minor.
(a) Whenever a petition for adoption of a minor is filed, the court shall order a report to the court made to assist the court to determine if the proposed adoption of the minor by the petitioner is in the minor's best interest.
(b) Consistent with G.S. 48-1-109, the court shall order the report to be prepared:
(1) By the agency that placed the minor;
(2) By the agency that made the preplacement assessment pursuant to Part 3 of Article 3 of this Chapter; or
(3) By another agency.
(c) The court shall provide the individual who prepares the report with copies of:
(1) The petition to adopt; and
(2) The documents filed with it.
(d) The following exceptions apply in this section:
(1) In any stepparent adoption under Article 4 of this Chapter in which the minor has lived with the stepparent for at least the two consecutive years immediately preceding the filing of the petition, the court may order a report. However, the court is not required to order a report unless the minor's consent is to be waived, the minor has revoked a consent, or both of the minor's parents are dead.
(2) In any adoption of a minor by the minor's grandparent in which the minor has lived with the grandparent for at least the two consecutive years immediately preceding the filing of the petition, the court may order a report. However, the court is not required to order a report unless the minor's consent is to be waived, the minor has revoked a consent, or the minor is eligible for adoption assistance pursuant to G.S. 108A-49. (1949, c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 5; 1991, c. 335, s. 2; 1995, c. 457, s. 2; 1997-215, s. 12(a); 2009-185, s. 4.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-502 - Preparation and content of report.

§ 48-2-502. Preparation and content of report.
(a) In preparing a report to the court, the agency shall conduct a personal interview with each petitioner in the petitioner's residence and at least one additional interview with each petitioner and the adoptee, and shall observe the relationship between the adoptee and the petitioner or petitioners.
(b) The report must be in writing and contain:
(1) An account of the petitioner's marital or family status, physical and mental health, home environment, property, income, and financial obligations; if there has been a preplacement assessment, the account may be limited to any changes since the filing of the preplacement assessment;
(2) All reasonably available nonidentifying information concerning the physical, mental, and emotional condition of the adoptee required by G.S. 48-3-205 which is not already included in the document prepared under that section;
(3) Copies of any court order, judgment, decree, or pending legal proceeding affecting the adoptee, the petitioner, or any child of the petitioner relevant to the welfare of the adoptee;
(4) A list of the expenses, fees, or other charges incurred, paid, or to be paid in connection with the adoption that can reasonably be ascertained by the agency;
(5) Any fact or circumstance known to the agency that raises a specific concern about whether the proposed adoption is contrary to the best interest of the adoptee because it poses a significant risk of harm to the well-being of the adoptee;
(6) A finding by the agency concerning the suitability of the petitioner and the petitioner's home for the adoptee;
(7) A recommendation concerning the granting of the petition; and
(8) Such other information as may be required by rules adopted pursuant to subsection (c) of this section.
In an agency adoption, the report shall be written in such a way as to exclude all information that could reasonably be expected to lead directly to the identity of the adoptee at birth or any former parent or family member of the adoptee, and any copies of documents included pursuant to subdivision (3) of this subsection shall be redacted to exclude this information.
(c) The Social Services Commission may adopt rules to implement the provisions of this section. (1949, c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 5; 1991, c. 335, s. 2; 1995, c. 457, s. 2; 1997-215, s. 4.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-503 - Timing and filing of report.

§ 48-2-503. Timing and filing of report.
(a) The agency shall complete a written report and file it with the court within 60 days after the mailing or delivery of the order under G.S. 48-2-501 unless the court extends the time for filing. The agency shall have three additional days to complete and file the report if the order was mailed.
(b) If the agency identifies a specific concern about the suitability of the petitioner or the petitioner's home for the adoptee, the agency must file an interim report immediately, which must contain an account of the specific concern. The agency shall indicate in the final report whether its concerns have been satisfied and in what manner.
(b1) When an agency identifies a specific concern in a final report and the court extends the time for a final hearing or disposition to allow resolution of these concerns, the agency shall file a supplemental report indicating whether its concerns have been satisfied and in what manner.
(c) The agency shall give the petitioner a copy of each report filed with the court, and the agency shall retain a copy. (1949, c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 5; 1991, c. 335, s. 2; 1995, c. 457, s. 2; 1997-215, s. 5(a)-(c).)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-504 - Fee for report.

§ 48-2-504. Fee for report.
(a) An agency that prepares a report to the court may charge the petitioner a reasonable fee for preparing and writing the report. No fee may be charged except pursuant to a written fee agreement which must be signed by the parties to be charged prior to the beginning of the preparation. The fee agreement may not be based on the outcome of the report or the adoption proceeding.
(b) A fee for a report is subject to review by the court pursuant to G.S. 48-2-602 and G.S. 48-2-603.
(c) The Department shall set the maximum fees, based on ability to pay and other factors, which may be charged by county departments of social services. The Department shall require waiver of fees for those unable to pay. Fees collected under this section shall be applied to the costs of preparing and writing reports and shall be used by the county department of social services to supplement and not to supplant appropriated funds. (1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-601 - Hearing on, or disposition of, adoption petition; transfer of adoption proceeding; timing.

§ 48-2-601. Hearing on, or disposition of, adoption petition; transfer of adoption proceeding; timing.
(a) If it appears to the court that a petition to adopt a minor is not contested, the court may dispose of the petition without a formal hearing.
(a1) If an issue of fact, an equitable defense, or a request for equitable relief is raised before the clerk, the clerk shall transfer the proceeding to the district court under G.S. 1-301.2.
(b) No later than 90 days after a petition for adoption has been filed, the court shall set a date and time for hearing or disposing of the petition.
(c) The hearing or disposition must take place no later than six months after the petition is filed, but the court for cause may extend the time for the hearing or disposition. (1949, c. 300; 1953, c. 571; 1959, cc. 340, 561; 1961, cc. 186, 384; 1967, c. 19; c. 619, s. 4; 1969, c. 982; 1973, c. 1354, s. 6; 1989 (Reg. Sess., 1990), c. 977, s. 1; 1995, c. 457, s. 2; 1997-215, s. 10(a); 2002-159, s. 12.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-602 - Disclosure of fees and charges.

§ 48-2-602. Disclosure of fees and charges.
At least 10 days before the date of the hearing or disposition, each petitioner shall file with the court an affidavit accounting for any payment or disbursement of money or anything of value made or agreed to be made by or on behalf of each petitioner in connection with the adoption, or pursuant to Article 10, including the amount of each payment or disbursement made or to be made and the name and address of each recipient. The court in its discretion may request a more specific statement of any fees, charges, or payments made or to be made by any petitioner in connection with the adoption. (1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-603 - Hearing on, or disposition of, petition to adopt a minor.

§ 48-2-603. Hearing on, or disposition of, petition to adopt a minor.
(a) At the hearing on, or disposition of, a petition to adopt a minor, the court shall grant the petition upon finding by a preponderance of the evidence that the adoption will serve the best interest of the adoptee, and upon finding the following:
(1) At least 90 days have elapsed since the filing of the petition for adoption, unless the court for cause waives this requirement.
(2) The adoptee has been in the physical custody of the petitioner for at least 90 days, unless the court for cause waives this requirement.
(3) Notice of the filing of the petition has been served on any person entitled to receive notice under Part 4 of this Article.
(4) Each necessary consent, relinquishment, waiver, or judicial order terminating parental rights, has been obtained and filed with the court and the time for revocation has expired.
(5) Any assessment required by this Chapter has been filed with and considered by the court.
(6) If applicable, the requirements of the Interstate Compact on the Placement of Children, Article 38 of Chapter 7B of the General Statutes, have been met.
(7) Any motion to dismiss the proceeding has been denied.
(8) Each petitioner is a suitable adoptive parent.
(9) Any accounting and affidavit required under G.S. 48-2-602 has been reviewed by the court, and the court has denied, modified, or ordered reimbursement of any payment or disbursement that violates Article 10 or is unreasonable when compared with the expenses customarily incurred in connection with an adoption.
(10) The petitioner has received information about the adoptee and the adoptee's biological family if required by G.S. 48-3-205.
(10a) Any certificate of service required by G.S. 48-3-307 has been filed.
(11) There has been substantial compliance with the provisions of this Chapter.
(b) If the Court finds a violation of this Chapter pursuant to Article 10 or of the Interstate Compact on the Placement of Children, Article 38 of Chapter 7B of the General Statutes, but determines that in every other respect there has been substantial compliance with the provisions of this Chapter, and the adoption will serve the best interest of the adoptee, the court shall:
(1) Grant the petition to adopt; and
(2) Impose the sanctions provided by this Chapter against any individual or entity who has committed a prohibited act or report the violations to the appropriate legal authorities.
(c) The court on its own motion may continue the hearing for further evidence. (1949, c. 300; 1953, c. 571; 1959, cc. 340, 561; 1961, cc. 186, 384; 1967, c. 19; c. 619, s. 4; 1969, c. 982; 1973, c. 476, s. 138; c. 1354, s. 6; 1989 (Reg. Sess., 1990), c. 977, s. 1; 1995, c. 457, s. 2; 1998-202, s. 13(l); 2001-150, s. 5.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-604 - Denying petition to adopt a minor.

§ 48-2-604. Denying petition to adopt a minor.
(a) If at any time between the filing of a petition to adopt a minor and the issuance of the final order completing the adoption it appears to the court that the minor should not be adopted by the petitioners or the petition should be dismissed for some other reason, the court may dismiss the proceeding.
(b) The court, before entering an order to dismiss the proceeding, shall give at least five days' notice of the motion to dismiss to the parties, to the agency that made the report to the court, and to the Department of Health and Human Services. The parties and agency entitled to notice under this subsection, and the Department, shall be entitled to a hearing on the issue of dismissing the proceeding.
(c) If the court denies the petition, the custody of the minor shall revert to any agency or person having custody immediately before the filing of the petition. If the placement of the minor was a direct placement under Article 3 of this Chapter, the court shall notify the director of social services of the county in which the petition was filed of the dismissal, and the director of social services shall be responsible for taking appropriate action for the protection of the minor. (1949, c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 6.; 1995, c. 457, s. 2; 1997-215, s. 6(a); 1997-443, s. 11A.118(b).)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-605 - Hearing on petition to adopt an adult.

§ 48-2-605. Hearing on petition to adopt an adult.
(a) At the hearing on a petition to adopt an adult, the prospective adoptive parent and the adoptee shall both appear in person, unless the court waives this requirement for cause, in which event an appearance may be made for either or both of them by an attorney authorized in writing to make the appearance.
(b) At the hearing, the court shall grant the petition for adoption upon finding by a preponderance of the evidence all of the following:
(1) At least 30 days have elapsed since the filing of the petition for adoption, but the court for cause may waive this requirement;
(2) Notice of the petition has been served on any person entitled to receive notice under Part 4 of this Article;
(3) Each necessary consent, waiver, document, or judicial order has been obtained and filed with the court;
(4) The adoption is entered into freely and without duress or undue influence for the purpose of creating the relation of parent and child between each petitioner and the adoptee, and each petitioner and the adoptee understand the consequences of the adoption; and
(5) There has been substantial compliance with the provisions of this Chapter. (1967, c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971, c. 1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981, c. 657; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 457, s. 2.)
2023 North Carolina General Statutes › Chapter 48 - Adoptions › Article 2 - General Adoption Procedure. › § 48-2-606 - Decree of adoption.

§ 48-2-606. Decree of adoption.
(a) A decree of adoption must state at least:
(1) The name and gender of each petitioner for adoption;
(2) Whether the petitioner is married, a stepparent, or single;
(3) The name by which the adoptee is to be known;
(4) Information to be incorporated in a new standard certificate of birth to be issued by the State Registrar;
(5) The adoptee's date and place of birth, if known, or as determined under subsection (b) of this section in the case of an adoptee born outside the United States;
(6) The effect of the decree of adoption as set forth in G.S. 48-1-106; and
(7) That the adoption is in the best interest of the adoptee.
(b) In stating the date and place of birth of an adoptee born outside the United States, the court shall do each of the following:
(1) Enter the date of birth as stated in the certificate of birth from the country of origin, the United States Department of State's report of birth abroad, or the documents of the United States Immigration and Naturalization Service or a date of birth based upon medical evidence by affidavit or testimony as to the probable chronological age of the adoptee and other evidence the court finds appropriate to consider.
(2) Enter the place of birth as stated in the certificate of birth from the country of origin, the United States Department of State's report of birth abroad, or the documents of the United States Immigration and Naturalization Service or, if the exact place of birth is unknown, enter the information that is known, including the country of origin.
(3) Repealed by Session Laws 2019-172, s. 5, effective October 1, 2019.
(c) A decree of adoption must not contain the name of a former parent of the adoptee. (1949, c. 300; 1973, c. 476, s. 138; 1983, c. 454, s. 6; 1995, c. 457, s. 2; 2019-172, s. 5.)