Adoption in North Carolina

What are my options for adoption in North Carolina?

There are four options available for North Carolina residents desiring to adopt:

(1)  Independent Adoptions.  In an independent adoption, the adopting couple locates a child that is available for adoption either from North Carolina or another state without the assistance of an adoption agency.

(2)  Agency Assisted Adoptions.  An adoption agency, licensed by the State of North Carolina, can assist adoptive parents in locating a child to adopt.

(3)  Facilitators.  Facilitators assist biological parents in finding and locating prospective adoptive parents. Prospective adoptive parents can also request the assistance of a facilitator in locating a child that is available for adoption. Facilitators are not licensed to place children for adoption and in North Carolina are not permitted to charge for their services.

(4)  International Adoptions.  An adoption agency, licensed by the State of North Carolina, can assist adoptive parent[s] in locating a child to adopt from a foreign country. The agency guides the parents through the process. The adoptive parent[s] should carefully consider which country they are interested in and choose an agency with affiliations in that country.

How do I get started with the NC adoption process?

All adoptive parents must have a preplacement assessment, formerly called a “homestudy” completed or updated within 18 months before an adoptive placement can occur. It must be prepared by a licensed child-placement agency. 

Should I hire an NC adoption attorney?

Legal adoption in North Carolina is governed by state statute and the statutory procedures set forth in Chapter 48 of the North Carolina General Statutes must be strictly adhered to in order to accomplish a legal adoption. These laws are quite complex. Working with an expert in adoption law can help ensure that your adoption process proceeds smoothly.  The attorney can help explain your rights and options and the adoption process. 

You should hire an attorney as early as possible in the decision-making process. Make sure you understand the fee structure and the exact services the attorney can provide. Ask questions: what percentage of the attorney’s practice is devoted to adoptions and how many adoptions has the attorney handled. Ask for references and make sure you choose an attorney experienced in the type of adoption you are considering.

How can I adopt my spouse’s child[ren] from a prior relationship?

You must file a petition to adopt in your county of residence. Your spouse must sign a “Consent to Adoption.” The parental rights of the child[ren]’s other parent must be dealt with, so you should consult an attorney to assist you in obtaining the consent from the other parent or terminating his/her parental rights. All adoptions in North Carolina require a “postplacement assessment” and report to the court that the adoption is in the best interests of the child[ren]. This assessment and report must be done either by the Department of Social Services in your county, or by a licensed child-placement agency; however, if you and your spouse have been married for more than two years and the child[ren] have lived in the home with you, the Clerk of Court can waive that requirement.

How can I adopt my grandchild[ren] or a relative’s child?

You must file a petition to adopt in your county of residence or the county of residence of the child[ren].  The parental rights of the child[ren]’s parents must be dealt with, so you should consult an attorney to assist you in obtaining the consent of the parents or terminating their parental rights. In an adoption by a grandparent, there is no requirement for a preplacement assessment. In a relative adoption, depending on the degree of relationship, a preplacement assessment may or may not be required. There must be a postplacement assessment and report to the court.  Both the preplacement and postplacement assessments and report to the court must be done either by the county Department of Social Services or a licensed child-placement agency.

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