Adoption

In North Carolina adoption is the legal formalization of a parent and child relationship. Adoption permanently severs the relationship of the biological parents to a child while establishing a legal “parent-child” relationship with adoptive parents who are not necessarily related by blood. 

While adoptions are meant to bring joy to a family, they are riddled with many challenges and complications that can easily become overwhelming and stressful. Having an experienced attorney helping you navigate through the intricacies of adoption is essential to ensuring that your adoption is handled correctly and efficiently. 

Types of Adoption

There are many different types of adoption, each with its own unique requirements. An attorney can help you fully understand each type of adoption along with the processes and requirements of each so you can make an informed decision about which type best suits your family’s needs.  

At Hopper Cummings, our attorneys limit our adoption services to step-parent adoptions, second-parent adoptions, and adult adoptions.  We have experience in representing both prospective adoptive parents and birth parents in the step-parent adoption process.

What is a Step-Parent Adoption?

In a step-parent adoption, the step-parent seeks to create a legal parent-child relationship with a child of their spouse. Step-parent adoptions also occur in same-sex marriages when the non-biological parent wishes to legally formalize the relationship with a child of their significant other, however, these are often referred to as “second parent adoptions” or “conformity adoptions.”

While step-parent adoptions do have certain requirements, they are generally less restrictive than other adoptions. For example, a home study investigation, which is an extensive undertaking into the prospective adoptive parent’s life, is not required as it is in other types of adoptions but other requirements must be met.  These include:

• You must be legally married to one of the biological parents; 
• You must have resided in North Carolina for at least 6 months, with your spouse and child; 
• The child must consent to the adoption if they are 12 years or older. 

Often the biggest hurdle in step-parent adoptions is acquiring the consent of the biological parent. If a parent is unwilling to consent to the adoption then it will be necessary to petition the court to involuntarily terminate that parent’s rights.  The Court handles cases involving termination of parental rights very seriously and will normally only terminate parental rights in extreme cases of abuse or neglect.  Other issues that often must be addressed in step-parent adoptions include issues of support obligations and any future contact with the child.  Concerns surrounding these issues are best addressed by a knowledgeable attorney who knows the circumstances of your particular situation and can guide you through the process. 

Second-Parent Adoptions

Since legislation now allows same-sex married couples to adopt, second-parent adoptions, or confirmatory adoptions, are being highly utilized in the LGBTQ community. In situations where one spouse is a biological parent of the child, the other, non-genetic parent can legally adopt and formalize their legal parental rights to the child through a second-parent adoption.