Adoption Lawyers in Cary, NC

Helping Families Grow Through Adoption in North Carolina

Family means many different things to different people, but one thing most everyone can agree on is that family means a loving, supportive relationship. For many people, the concept of family includes those who are not legally recognized by the North Carolina statutes as “family.” That disconnect can cause more than just feelings of being left out; sometimes it causes people who deserve legal rights to be denied them.

Adoption is the process of establishing a legal parent and child relationship between persons who are not already legally recognized as parent and child. Adoption gives each party the legal rights and legal obligations that arise only as a part of the parent/child relationship. Without this legal relationship, a child will not have the right to inherit, may not be permitted to travel overseas, may not be permitted into a hospital room, or to help guide medical care for his or her loved one. Without this legal relationship, a caregiver may not be able to consent to medical care for the child, to enroll him or her in school, to be present in an emergency involving the child, and may be denied custody and visitation rights to the child in the case of death or divorce.

Situations like this are heartbreaking, but they are avoidable with adoption.

Types of Adoptions

Depending on your circumstances, adoptions may have different requirements.

Independent or private adoptions

For the adoption of a minor child, both the biological mother and father (as well as the child, if he or she is at least 12 years old) must provide their consent to the adoption. In addition, consent is also needed from any man (even if not he is not the biological father) who meets the following requirements.

• Any man who is or was married to the mother of the child, if the child was born either during the marriage, within 280 days after the marriage was terminated, or within 280 days after the parties have separated pursuant to a written separation agreement or an order of separation.
• Any man who attempted to marry the mother of the child before the child’s birth by entering into an invalid marriage, if the minor was born within 280 days after the attempted marriage was legally terminated or (in the absence of a judicial proceeding) after he ceased living with the mother.
• Any man who legitimated the child before the petition for adoption was filed.
• Any man who received the child into his home and openly held out the child as his biological child.
• Any man who acknowledged paternity of the child and has an obligation of support to the minor by either court order or agreement.
• Any man who is the adoptive father of the child.

stepparent/stepchild adoptions

A stepchild adoption occurs when one spouse (the stepparent) adopts his or her spouse’s biological child (the stepchild). This converts the stepparent/stepchild relationship into a parent/child relationship in the eyes of the law.

A stepparent may file a petition to adopt a stepchild in any of these three situations:

• The stepparent’s spouse has legal and physical custody of the child, and the child has resided primarily with this parent and the stepparent during the six months immediately preceding the filing of the petition.
• The stepparent’s spouse is deceased or incompetent but, before dying or being adjudicated incompetent, had legal and physical custody of the child, and the child has resided primarily with the stepparent during the six months immediately preceding the filing of the petition.
• The court otherwise determines that there is good cause to allow the stepparent to adopt the stepchild.

adult adoptions

In North Carolina, an adult may adopt another adult, except for the spouse of the adopting adult. If a prospective adoptive parent is married, both spouses must join in the petition unless the prospective adoptive parent is the adoptee's stepparent or unless the court waives this requirement for good cause. The consent of the adult adoptee is required for the adoption to be granted.

LGBTQ+ Parents

In 2014, the Supreme Court of the United States recognized same-sex couples’ right to marry in the landmark case Obergefell v. Hodges. Because North Carolina law does not allow two unmarried individuals to adopt the same child (called a “second parent adoption”), this case opened the door for same-sex couples to adopt in North Carolina. As long as the parties are married and meet the jurisdictional requirements, same-sex couples are now able to jointly adopt minor children if neither party is already legally-recognized as a parent to the child, or to proceed with a stepparent and stepchild adoption if one party is legally recognized as a parent to the child but the other is not.

Frequently Asked Questions

who can adopt in north carolina?

In North Carolina adoptions, any adult over the age of eighteen may adopt another individual, whether the adoptee is a minor child or an adult. Additionally, the spouse of a petitioner for adoption must join in the adoption proceeding, except in the case of a stepparent adoption. Spouses, however, may not adopt each other.

North Carolina has jurisdiction over adoption proceedings if any of the following are true:

• The adoptee has lived in North Carolina for at least six consecutive months immediately preceding the filing of the Petition for Adoption or from birth.
• The prospective adoptive parent has lived in in North Carolina for at least the six consecutive months immediately preceding the filing of the Petition for Adoption.
• An agency licensed by North Carolina or a county department of social services in North Carolina has legal custody of the adoptee.

what is the legal effect of an adoption decree?

An adoption (formalized as 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/child is entitled to inherit real and personal property from the adoptive parents and has the same legal status (including all legal rights and obligations) as a child born of the adoptive parents.

Additionally, an adoption severs the relationship of parent and child between the individual adopted and that individual's biological or previous adoptive parents. After an adoption, the former parents are relieved of all legal duties and obligations due from them to the adoptee, and the former parents are divested of all rights with respect to the adoptee. One exception to this is a former parent's duty to make past-due payments for child support will remain after the adoption is entered.

how do i start the adoption process?

The legal process for a North Carolina adoption begins with the filing of your Petition for Adoption. Upon the filing of your petition, notice of its filing must be served on any individual whose consent to the adoption is required by law and whose consent had not been obtained at the time your petition was filed. Chapter 48 of the North Carolina General Statutes sets out in detail those individuals from whom consent to the adoption is required as well as the correct procedure by which to serve these individuals. In some cases, an adoptive couple will need a preplacement assessment (home study) before the adoption can occur.

what type of documents will i need for the adoption?

Depending on the type of adoption, important documents may include:

• A copy of any required preplacement assessment certified by the agency that prepared your assessment, or an affidavit from you stating why the assessment is not available.
• The consents to adoption from the biological parents, legal parent, or guardian(s) of the adoptee.
• A certified copy of any court order terminating the rights and duties of a parent or a guardian of the adoptee.
• A copy of a certified document concerning the health, social, educational, and genetic history of the adoptee and the adoptee's original family, or if this document is not available, an affidavit stating the reason why it is not available.
• An affidavit indicating the names, known addresses and marital status of the biological parents.
• A document identifying any individual whose consent to the adoption is required, but who has not executed a consent or a relinquishment or whose parental rights have not been legally terminated.
• An affidavit accounting for any payment made in connection with the adoption.
• Any court order or pleading regarding the adoptee-child's custody or visitation.

• An original or certified copy of the adoptee’s birth certificate.
• Originals or certified copies of marriage licenses, divorce decrees, or death certificates.

what is the difference between open and closed adoptions?

An open adoption means that the birth parent(s) and adoptive parents have information about each other and can communicate with each other, either directly or through technology. Open adoptions often allow the birth parent(s) to play some role in the adoptee’s future. What role they may take is determined by the adoptive family and the birth parent(s). One of the benefits of an open adoption is the birth parent(s) may share additional medical information with the adoptive parents that can assist the child to obtain early treatment options. In this world of online genealogy, some adults are learning that their family histories have been kept from them, and this may cause them confusion and anger.

In a closed adoption, the adoptive parents and birth parent(s) are not given the opportunity to communicate with each other. The birth parent(s) may not know who the adoptive parents are, or a continued relationship with the birth parent(s) may not be in the child’s best interests. All records created or filed in connection with an adoption are confidential and may not be disclosed except in limited circumstances. In North Carolina adoptions, when a decree of adoption becomes final, all records become sealed, meaning they are not open to inspection by the public or even available to the adopted person. The purpose of the closed adoption policy is to protect the privacy of the adopting parties and the biological parties, by keeping identifying information confidential, as well as to reduce the risk of interference of with the new family unit by a birth parent.

In some cases, the adoptive parents in an independent or private adoption will agree to maintain contact with the biological mother or father who consented to the child’s adoption. These “Postadoption Contact Agreements” are contracts entered into by the adoptive parents and the birth parent(s) of a minor child. With technology, contact does not have to be intrusive on the adoptive family. While these contracts may not be legally enforceable in a North Carolina adoption, many states do recognize them. It is important to have a North Carolina adoption attorney assist you when considering entering into a postadoption contact agreement, whether you are an adoptive parent or a birth parent who wants future information about the child.

when is a hearing for an adoption required?

By statute, in a North Carolina adoption, the court is required to set a hearing date on your adoption petition within 90 days after you file your petition for adoption. The hearing or disposition of your adoption petition must take place within 6 months after the date you file your adoption petition, unless the time is extended for good cause. If a hearing is necessary, the court must find that the adoption is in the best interests of the child, that you are a suitable adoptive parent, and that all the statutory procedural requirements for adoption have been met. If it appears to the court that a petition to adopt a minor is not contested, however, the court may grant the adoption without a formal hearing if all other requirements are met. For Wake County adoptions, as well as other larger counties, the adoption process may take longer depending on the number of adoptions being handled by the court at the time. It is highly recommended that you have an experienced Wake County adoption lawyer assist you with the complex adoption process to avoid a delay or even dismissal of your adoption petition due to errors or missing documents.

Talk to a North Carolina Adoption Attorney

The adoption process is complex, document intensive, and can be confusing for a person not familiar with the law and procedure in North Carolina. It is important to have an attorney who is knowledgeable and experienced in North Carolina adoptions. Lynn A. Montgomery is a North Carolina Board Certified Specialist in Family law and has over sixteen years of experience guiding her clients through the adoption process. Lynn has represented adoptive parents, stepparents, guardians who wish to adopt, birth parents, and parties in adult adoptions. Lynn’s office is conveniently located in Cary, North Carolina. She expertly handles Wake County adoptions and adoptions in many other North Carolina counties. Lynn has experience drafting surrogacy agreements, terminating parental rights, and navigating the ICPC requirements for interstate adoptions.

If you are searching for an adoption attorney to help you with your adoption dreams, look no further. Contact Montgomery Family Law and set up a private consultation with Lynn Montgomery. Call Our Law Firm at (919) 348-2317.