Adoption Attorney — Harnett & Wake Counties

The steps in a North Carolina adoption depend on the type of adoption and the legal parents’ rights and consent. The Law Offices of Wunsch and Cruz handles adoptions and related family matters for families in Harnett and Wake counties, with offices in Lillington and Fuquay-Varina.

Types of adoption

Stepparent adoption usually requires that the child’s other parent either consent or have their parental rights terminated first. Where that parent has been absent, the case often begins with a termination proceeding rather than with the adoption petition itself.

Agency adoption involves a licensed agency, a placement agreement and a home study, followed by a petition to the court after the required placement period.

Independent or relative adoption involves a direct placement with the consent of the parents, subject to the same statutory safeguards, including counselling and the timing rules for consent.

The governing statute is Chapter 48, which sets out consent requirements, the home study, the placement period and the final decree.

Consent, revocation and timing

Consents must meet the statute’s form and timing requirements. A consent given too early, or not properly executed and witnessed, can create a challenge later. Once a consent is validly given there is a limited window in which it can be revoked, and after that window the focus shifts to the child’s best interests.

Where consent cannot be obtained, a termination of parental rights proceeding on a statutory ground may be necessary. This is a separate case with its own standard of proof. Whether it is needed should be assessed before an adoption petition is filed.

Home study and placement

A home study assesses the adoptive home through background checks, interviews, references, financial information and a review of the residence’s safety. Gathering the required information in advance can help with preparation. The placement period runs before the final decree, with continued court oversight.

What to bring to the first meeting

• The child’s birth certificate and any existing custody order or birth-parent information.
• Any consent, relinquishment or termination paperwork already signed.
• Agency documents, including the placement agreement and home study if one exists.
• Marriage certificate for a stepparent adoption, and divorce or death records for the absent parent if applicable.
• Any court orders involving the child, including protective orders.

The final decree and adoption records

A final adoption decree creates a legal parent-child relationship. Access to adoption records depends on the statute and the type of adoption. We can discuss what the court file will contain and who may be able to access it.

Talk with the firm

To discuss an adoption or a related termination of parental rights proceeding, contact the firm or call our Lillington office at (910) 814-8777. Our family law and custody pages cover related issues. Read about termination of parental rights if a parent’s consent is not available.