Adopting a child in North Carolina, or anyplace else, is a significant step. It’s an incredible experience, but there’s a lot to consider before deciding to adopt a child. If you and your family are considering adopting a baby in North Carolina, here are some things you should know about the process. Knowing how to adopt a baby in the United States can sometimes help couples decide whether or not they want to adopt a baby!
However, when you adopt a child, you legally adopt that child for the rest of your life. They have an inalienable right to your assistance. They have the right to inherit from you. You have the authority to make major decisions for the child in areas such as education, health care, and religion. Even if you divorce your spouse, your adoption will remain permanent.
To be eligible to adopt your stepchild, the other parent (your spouse’s ex) must have no legal claim to the child:
- Your spouse has both legal and physical custody of the kid, and the child has spent the previous six months mostly with you and your husband.
- Your spouse’s ex had legal and physical custody but is either deceased or has been ruled incompetent, and the child has spent the previous six months largely with you and your spouse.
In general, your step-child must consent to the adoption if he or she is 12 or older. If your stepchild is 18 or older, or an emancipated minor, the procedure is slightly different. You must file a petition with the Clerk of Superior Court in the county where you live or where the kid resides in order to adopt your step-child. This starts a “special proceeding” in court. The filing fee is $120 per child.
Depending on the facts of your case, the court clerk can schedule a hearing after receiving your petition. If a hearing is required in your case, the court clerk will notify you. In some circumstances, the clerk may merely conduct a formal ceremony to sign the adoption order.
A “preplacement assessment” or “home study” may be ordered by the court to evaluate whether you are a suitable adoptive parent. The county department of social services or a licenced child placement agency is in charge of this. There is no need for a home study if you are adopting an adult or emancipated minor, or if you and the stepparent have lived together for more than two years. On the proper motion, the pre-placement assessment can be waived.
If you pass the mandatory pre-placement assessments and everything goes smoothly at any hearing, your step-child’s adoption will be authorized. When the clerk of the court enters an adoption decree, you will receive a letter with instructions on how to obtain a new birth certificate for your adoptee that names you as the parent. If you want to adopt a stepchild, you should seek legal counsel from a local attorney. While an attorney is not legally required, the adoption process can be complicated. Working with an experienced NC Adoption Attorney who understands the process and can help you avoid issues is an excellent choice.
