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Requirements for Adoptions in Garner
Unless you’ve gone through the adoption process before, you might run into trouble during the adoption process. The rules and timelines don’t always make sense. Before getting frustrating, ask for help from a Garner family attorney.
A local adoption lawyer can relieve your stress and anxiety by explaining the process and handling many steps for you. The adoption process you go through can vary depending on your situation.
The basic rules apply to everyone:
Answering Questions About Adoption
The adoption process is complex, but the Breeden Law Office is here to answer your questions and guide you through the process.
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Adoption Eligibility
Anyone at least 18 years old can adopt someone, excluding spouses from adopting each other. An individual or married couple can adopt, but two unmarried individuals can’t adopt a person together.
Consent
If you want to adopt a minor, the child’s biological mother has to agree. The biological or assumed biological father has to agree under certain circumstances, including if he:
- Is or was married to the biological mother when she gave birth to the child
- Tried to marry the biological mother before the child’s birth
- Officially acknowledged paternity
If a married couple chooses to adopt, both spouses have to agree to the situation. One spouse can’t adopt a child without the other spouse’s consent.
If you’re adopting a child who is 12 years or older, they also have to agree to the adoption.
Adoption Agencies & Resources in Garner
You can find more information about adoption in Garner, NC, by visiting:
- Wake County Human Services
- Johnston County Dept of Social Services
- NC Judicial Adoption Process
- A Child’s Hope
- Amazing Grace Adoptions
- Children’s Home Society of North Carolina
- Triangle Adoption Services
You can find adoption forms on the North Carolina Department of Health and Human Service’s website. You can fill these forms out yourself, but we recommend working with a lawyer. You have to make sure you complete all the necessary forms accurately for a smooth adoption process.
Types of Adoption in North Carolina
The adoption process isn’t quite the same for everyone. What one adopting parent needs to do might not be the same as another. It helps to have a Garner adoption lawyer help you understand how the law applies to you.
Whatever your situation, it’s good to know the basics.
Open and Closed Adoptions
A closed adoption means the birth parents don’t have a relationship with the child and don’t want them to contact them. There are usually specific exceptions, like for medical emergencies.
In an open adoption, the child can find and contact the birth parents one day. Open arrangements vary from one family to the next. Some birth parents have a life-long relationship with the child, while others are open to a connection in the future.
Independent and Agency Adoptions
An independent adoption doesn’t involve an agency. More often than not, individuals who already have a connection with the child go through an independent adoption, including stepparents and other relatives.
Independent adoption isn’t necessarily easier. The adoptive parents still have to follow the law and procedures.
If you’d prefer to have help, there are two types of agency adoptions in North Carolina:
Public Agency: A state-licensed organization that manages the adoption process for children awaiting adoption. The organization usually works with children of all ages, and it might handle foster care placements.
Private Agency: A private business that usually offers counseling and support through the adoption process. These agencies often have strict rules about who can adopt a child. For example, they may require adoptive parents to be married or of a certain age. These agencies are often best for families hoping to adopt an infant or younger child.
Because there are so many types of adoption situations, there are many times when you’d benefit from legal advice.
- Single parent adoption
Related Adoption Topics
The Adoption Process in Garner
Now that you know there are many types of adoptions and unique situations, it makes sense that the adoption proceedings can vary. But underneath the layer of differences is one general process.
Before You File
To prepare for the adoption, you want to lay a strong foundation and paper trail. You’ll need numerous official documents, including:
- A pre-placement assessment report
- Consents from the child’s biological parents
- An affidavit by the biological mother
- The contact information and marital status of the biological father
- A financial affidavit regarding adoption costs
- A signed disclosure regarding any individuals who couldn’t consent
File the Adoption Petition
To make the adoption process official, you file a petition for adoption in the county where you or the adoptive child lives or the adoption agency’s location. For Garner adoptions, you’ll likely file with either the Wake County Clerk of Superior Court or Johnston County Clerk of Superior Court based on where you live.
To file, you have to provide certain documents, including the:
- Consent and other documents listed above
- Certified copy of background information on the child
- List of people who need to receive notification of the adoption petition
After You File
Anyone required by North Carolina law to consent to the adoption and hasn’t yet must get notice of your adoption petition.
Next, the court sets a hearing date within 90 days. All the adoption proceedings have to move forward within the next six months. If you meet all the legal requirements and no one disagrees with the adoption, you might not have an official hearing.
Adoption hearings are necessary if someone doesn’t agree with the adoption, such as the biological father or another of the child’s relatives. This hearing is like a trial, and you should prepare. It’s up to you to show you meet the legal requirements and the adoption is in the child’s best interests.
How a Garner Adoption Lawyer Can Help
North Carolina adoption law and the adoption process can seem simple on the service. But applying the law to your case can create unique situations. By working with a Wake County adoption lawyer in Garner, you have someone who understands how to apply the law and guide you through the adoption process step by step.
Many adoptive parents try to rely on an agency. We highly recommend hiring a North Carolina family lawyer even if you partner with an experienced public or private agency. The social workers and other professionals there can’t give you legal advice. They also might not have accurate answers to your questions, even with their years of experience.
CALL A GARNER ADOPTION LAWYER TODAY:
(919) 373-2079Hear from Our Clients
Breeden Law offered exceptional service. I felt extremely comfortable talking with Jonathan and the office staff was pleasant and organized.
Mr. Breeden was very professional. He gave me honest input regarding possible outcomes of my case. He was very responsive when I had a question and when responding to emails. He knows custody law very well and got me exactly what I wanted with regards to my case. I would definitely use him again if needed.
A custody battle is never easy; even harder when you are a grandparent seeking custody. Jonathan Breeden handled our case with great diligence, but oh so delicately. I received full, permanent custody, with no harsh feelings from any parties concerned. Together with Jonathan, there was even suitable visitation arrangements made.