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Our Wake County Adoption Lawyers are Here to Help
Adopting a child can be a joyous process, but there can be issues that can disrupt the process if you aren’t prepared. When you choose to pursue adoption, you should work with an adoption attorney near Raleigh to guide you through the legal hurdles you may encounter to ensure you are successful.
Attorney Jonathan Breeden has over two decades of experience representing clients across Wake County, NC in all types of adoption scenarios. He will make you feel at ease and ensure the process unfolds as it should as you build your family. Call our Cary, NC family attorney today at 919-480-8005 or use our online contact form to reach out.
More About Breeden Law OfficeWhat Are the Most Common Adoption Questions
The adoption process can be complicated. We can answer your questions and guide you to your best options.
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Adoption can be a great way to add to your family. We want you to get the support you need and will help you answer any questions you have about the adoption process in North Carolina.
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Adoption in Cary, North Carolina
In Wake County, adoption is the legal process that creates a parent-child relationship between the adoptee (the person being adopted) and petitioner (the person asking to adopt the other). Once an adoption is complete, the petitioner has the same legal status as the adoptee’s biological parent.
While children are usually being adopted, there is no age requirement. Anyone, even adults, is eligible to be adopted. The age of both parties is irrelevant.
Who Can Adopt in Wake County?
Anyone over the age of 18 may adopt another person. One prohibition is that spouses may not adopt one another. Also, in North Carolina, two unmarried people cannot both adopt the same individual. However, a single unmarried person may adopt an individual.
Common adoption situations include:
- Stepparent adoption
- Adoption by a relative
- Same-sex adoptions
- Single parent adoptions
- Termination of parental rights
Are There Requirements to Consent Before We Can Adopt in NC?
In certain situations, consent from someone involved in the adoption or a third party is required for an adoption to be approved in Wake County.
Consent From the Father
When adopting a child, the biological mother must consent. A man who may or may not be the biological father may also need to agree under certain circumstances. The father must approve when the man:
- Is or was married to the biological mother at the time of birth of the child
- Tried to marry the mother before the adoptee’s birth
- Officially acknowledged paternity of the adoptee
Consent With Married Couples
When an adoption involves married couples, one spouse can only adopt if the other consents to the arrangement.
Consent From the Adoptee
If the adoption involves a child over the age of 12, the adoptee must consent to the adoption.
We Handle All Family Law Matters in Wake County
Types of Adoption in Wake County, NC
There are various characteristics of adoptions that may be selected to create the right situation for your family. Speak with an adoption attorney in the Raleigh area to determine what might be the best option for you.
Open vs. Closed Adoptions
Adoption and birth parents may have concerns about the child’s contact with biological parents after adoption. If parties do not want the child to contact the biological parents, they may opt for a closed adoption.
However, if the parties want the child to find the birth parents, open adoption may be best. Open adoptions allow the child to access biological, medical information, and other historical data about their birth families.
Independent vs. Agency Adoptions
Adoptions may be completed through either an adoption agency or parties who act independently. When an agency is used, you may use a public or private agency. When parties desire to work independently of an agency, it’s best to reach out to a Cary adoption law firm from the start. The adoption process can be complex, and your attorney can ensure no step is left out.
Are There Adoption Agencies Near Cary?
Whether you elect to use a public or private adoption agency, they can benefit because they keep organized records and ensure you have all of the information needed to complete the process.
Some adoption agencies you may work near Cary & Raleigh, NC include:
The Adoption Process in Cary
The specific steps you will need to follow to complete an adoption will vary based on whether you are using an agency or seeking an independent adoption, as well as your relationship with the adoptee.
However, for child adoption, some of the initial steps are similar throughout the process. You will need to collect the following documents for your Wake County adoption lawyer:
- A pre-placement assessment report
- Consents from appropriate parties
- An affidavit from the biological mother
- Information about the potential father
- A financial affidavit regarding adoption costs
- A signed disclosure regarding any individuals who could not provide consent
FAQs About Adoption in Cary
Can biological parents contest an adoption in North Carolina?
Yes. If a biological parent did not give required legal consent or believes their rights were terminated improperly, they may challenge the adoption. These contests can delay or derail the adoption, which is why it’s critical to have a lawyer who can help prepare for and respond to objections in court.
Do I have to live in North Carolina to adopt a child in Wake County?
Not necessarily. While North Carolina residents commonly adopt through Wake County courts, out-of-state individuals may also adopt children from North Carolina. However, additional steps may be required to comply with the Interstate Compact on the Placement of Children (ICPC), which governs out-of-state adoptions.
What background checks are required to adopt in Wake County?
Most adoptions require a criminal background check and a review of child abuse and neglect records. These checks help ensure the safety and well-being of the child. In some cases, additional fingerprinting or home inspections may also be required, especially if the adoption is through an agency or involves foster care.
Can I adopt my spouse’s child without the other biological parent’s consent?
In many stepparent adoptions, the noncustodial biological parent must either consent to the adoption or have their parental rights terminated. If the other biological parent has abandoned the child or failed to meet parental obligations, a court may agree to terminate their rights, but the process requires strong evidence and legal guidance.
How long does an adult adoption take in Wake County?
Adult adoptions in North Carolina are typically quicker than child adoptions, as they do not require a pre-placement assessment or consents from biological parents. However, they still require filing a Petition for Adoption and attending a court hearing. If uncontested, the process may be completed in a few months.
A Cary Adoption Lawyer Can Help You
North Carolina state law seems straightforward, and adoption agencies can help, but there is no substitute for having an experienced Cary adoption lawyer. The situation can become complex quickly, and you have a limited amount of time to make everything happen. You should feel confident that all of the legal aspects of your case are covered.
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