Children born to another woman call me ‘mom.’ The magnitude of that tragedy and the depth of that privilege are not lost on me.
- Jody Landers
ADOPTION
ADOPTION
Adoption
Adoption is a legal proceeding that creates a parent and child relationship between the adoptee and petitioner. After a decree of adoption is entered, an adoptee has the same legal status, including all legal rights and obligations, as if the adoptee were the biological child of the adoptive parent.
Who is an adoptee? Who is the petitioner?
An adoptee is the person who is being adopted. The petitioner is the person who files a petition to adopt the adoptee.
Who can adopt in North Carolina?
A married couple or an individual may file a petition to adopt in North Carolina. If a married individual files a petition to adopt, that person’s spouse must join the petition unless the petitioner files a motion to waive the requirement for cause and the clerk enters an order to waive the requirement.
Who can be adopted?
A child or adult can be adopted. But, spouses may not adopt each other. An adult adoptee must consent to the adoption. A child age 12 or older must consent to the adoption unless the petitioner files a motion to waive the requirement for cause and the clerk enters an order to waive the requirement.
Who is considered an adult for the purpose of adult adoption?
An adult is anyone at least 18 years of age, or anyone under the age of 18 who is married or has been legally emancipated.
Types of Adoption
Agency adoption. An agency, either a county department of social services or a licensed child-placing agency places a child with the petitioner for the purpose of adoption and consents to the adoption.
Independent adoption. A child’s parent or guardian directly places the child with the petitioner for the purpose of adoption and consents to the adoption.
Relative adoption. A parent or guardian directly places the child with a relative for the purpose of adoption and consents to the adoption. For the purpose of an adoption, a relative is a grandparent, full or half sibling, first cousin, aunt, uncle, great-aunt, great-uncle, or great-grandparent of the child. If the relationship between the child and petitioner is one other than those listed, the adoption is classified as an independent adoption.
Foreign adoption. There are two types of foreign adoptions.
Re-adoption of a child who was adopted in a foreign country by the same petitioner.
Adoption of a child when an adoption is not finalized in a foreign country.
Stepparent adoption. A stepparent petitions to adopt his or her stepchild.
Adult adoption. An adult petitions to adopt another adult. A spouse may not adopt his or her spouse.