North Carolina Adoption Consent Laws
Before a court will approve an adoption, North Carolina law requires consent from several parties. Here’s who must consent, and when consent can be withdrawn.
Required Parties
Before a court will approve an adoption, North Carolina law requires the consent of several parties. If the child to be adopted is over the age of 12, the child must consent personally. In addition to the mother, any man who may or may not be the biological father must be identified and asked to give consent, including a man who was married to the mother when the child was born (or within about nine months of a divorce, separation, or annulment), a man who previously had the child declared legitimate as his own, or a man who has otherwise provided financial support for the mother or the child.
When a Man’s Consent Isn’t Required
Prior Court Findings
Consent isn’t required from a man a court has already determined is not the child’s father, or who has presented a notarized affidavit denying paternity.
Relinquished or Terminated Rights
Consent also isn’t required from a man who previously relinquished his parental rights, or had them terminated by a court, including in cases involving a child conceived by rape.
Consent can also be waived if a person is properly notified of the adoption proceedings and fails to respond in a timely manner.
When and How Consent Must Be Given
A father or potential father may give written consent to adoption at any time, before or after the child’s birth. The mother, however, cannot legally give consent until after the child is born. A minor required to give consent may do so at any time, and a parent under 18 may consent as if they were a legal adult with the capacity to enter into a contract. Every consent must be in writing and notarized.
Can Consent Be Withdrawn?
A consent is invalid if it was obtained through fraud or duress, and the parties to the adoption may also agree in writing to set a valid consent aside. Generally, North Carolina law allows a person to revoke their consent within seven days of signing it.
Common Questions
Does a child have to consent to their own adoption?
Yes, if the child is over the age of 12. Younger children are not required to consent personally.
How long do I have to revoke my consent to an adoption?
Generally, seven days from the date you sign the consent, though the specific rules depend on the circumstances of your case.
Does signing a consent to adoption end my parental rights immediately?
No. Parental rights end only when the court enters a final adoption decree, or through a separate legal action to terminate parental rights.
Is a potential father’s consent always required?
Not always. Consent isn’t required from a man a court has already ruled is not the father, one who has denied paternity by notarized affidavit, or one whose parental rights have already been relinquished or terminated.
Have Questions About Adoption Consent?
Our family law attorneys can help you understand the consent requirements for your adoption and guide you through the process.