Adoption Laws In North Carolina
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Adoption is an exciting and rewarding decision for many couples, single persons, or blended families and should be done in an informed manner since adoption is a decision that involves long term commitment. The process of adopting a child differs from state to state in the United States and there are many federal laws involving the adoption process. It is important that families planning for adoption are familiar with and understand the adoption laws and what these laws allow for within their state. Each state has uniquely different adoption laws, and the laws of the state in which one lives govern a person’s options when considering adoption. The background, laws and legal procedure for adoption of a child in North Carolina are explored to familiarize one with the adoption process in North Carolina
Adoption is the legal process that creates a new permanent parent- child relationship where one didn’t exist before, severing previous parent-child relationships. The best interests and needs of the child are the primary purpose and goal of adoption as well as the governing laws surrounding adoption. Adoption brings a positive ending to a challenging situation and benefits everyone involved, including the birthmother and father, the child, and the adoptive family. The benefits of adoption for the birthmother and father give them opportunity to make the dreams for their child come true as well as bringing many people happiness that could not occur without them. The child being adopted will gain the love and support of adoptive parents who are emotionally and financially ready to take on parenting, and adoptive families benefit from the joy and blessing of adding a child to their family as well as fulfilling dreams of raising a child. Adoption legally transfers the parental responsibilities and rights of the birth parent or parents to the adoptive family and gives the child being adopted all the social, emotional, and legal rights and responsibilities of a family member. When an adoption becomes finalized there is no legal difference between adopted children and those born to the parents.
In the nineteenth century state legislatures began passing adoption laws in the United States. The Massachusetts Adoption of Children Act, enacted in 1851, is considered the first “modern” adoption law. During the twentieth century, the number of adoptions increased dramatically in the United States. In 1900, formalizing adoptive kinship in court was very rare, by 1944 there were 50,000 adoptions occurring each year, and by 1970 adoptions saw a numerical peak and 175,000 adoptions were finalized annually ( Numbers and Trends). It is estimated that five million Americans alive today are adoptees, 2-4 percent of all families have adopted, and 2.5 percent of all children under 18 are adopted (The Adoption History Project). Modern adoption has been influenced by adoption laws and reforms to these laws to ensure that child welfare is the heart behind adoption. By the mid twentieth century nearly every state had laws to incorporate adoption child welfare standards, and since then reforms around the laws have continued to change to ensure the best child welfare standards.
People considering adoption must follow the adoption laws for the state where they are legal residents of. Adoption issues are subject to State laws and regulations. State adoption laws are comprised of laws from two sources, State statutes and State case law. State statutes are provisions that are passed by State legislatures that regulate the subject matter of an issue. State case law consists of rules of law that come from the written decisions of judges who hear and decide litigation. Legal research and analysis should be performed in order to understand and comply with mandatory adoption laws. Examining state statues is required to familiarize one with the North Carolina Adoption laws. ›
The laws behind adoption in North Carolina can be found in chapter forty-eight of the North Carolina general statues, issued by the North Carolina General Assembly. Within the first provision of this chapter the General Assembly finds “that it is in the public interest to establish a clear judicial process for adoptions, to promote the integrity and finality of adoptions, to encourage prompt, conclusive disposition of adoption proceedings, and to structure services to adopted children, biological parents, and adoptive parents that will provide for the needs and protect the interests of all parties to an adoption, particularly adopted minors.” (North Carolina General Assembly)
North Carolina allows many people to adopt children, listed under chapter forty-eight of the adoption statute the North Carolina adoption laws state the parties involved in an adoption, including who may adopt, who may be adopted, and who may place a child for adoption. The statue identifies that any adult, between the ages of 21 and 65, are eligible to adopt in North Carolina. Those adopting may be single or married, however the law states that couples must be married for at least one year prior to adopting. Ч 48-1-104 of the statue defines that any individual may be adopted. The statue Ч 48-3-201 lists who may place minors for adoption, which includes an agency, a guardian, both parents if they are married and living together, or a parent with legal and physical custody of the child (North Carolina General Assembly).
The adoption consent laws in North Carolina classify who legally must to consent to an adoption which releases the rights and duties of the child. The consent laws are defined in Statute ЧЧ 48-3-601 and 48-3-602 of chapter forty-eight. The consent provisions are used to protect children from unnecessary or traumatic separations from their caretaker, to protect the birth parents from fast uninformed decisions, and to protect the adoptive parents by preventing anxiety about the legal adoptive process. The law states that the birth mother and the father , given that he is able to prove paternity, are to grant the primary consent in the adoption of their child. If either one or both parents terminate their rights because of reasons that could include abandonment, failure to support the child, mental incompetence, or parental unfitness other legal parties may give content. Parties that may grant consent when the parents are unavailable include an agency that has custody of the child, any person who has been given custody, a guardian, the court with jurisdiction over the child, a close relative of the child, or a “next friend” of the child who is a responsible adult appointed by a court (North Carolina General Assembly). Statue ЧЧ 48-3-601; 48-3-603 declares that older children, twelve years or older, must give consent to their adoption, unless