Adoption Lawyer in Raleigh, NC

North Carolina’s Adoption Statutes

North Carolina law governs the legal requirements and overall framework for adoption, while county court rules set out the specific procedures that must be followed. Together, these laws create a detailed process designed to protect the child, the biological parents, and the adoptive family.

Adoption law includes technical terminology and strict requirements that can feel overwhelming, especially given how personal adoption decisions are. While the statutes may seem intrusive at times, they exist to ensure stability and legal certainty for everyone involved.

Working with a Raleigh-area family lawyer can ease much of this uncertainty. Adoption attorneys understand how North Carolina’s laws apply to different adoption scenarios and can guide you through each step of the process. Breeden Law Office assists adoptive families throughout Raleigh and Wake County from offices in Cary, Wake Forest, and Garner.

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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Eligibility Requirements for Adoption

In most cases, any individual who is at least 18 years old is eligible to adopt under North Carolina law. There are, however, some important limitations:

• Spouses may not adopt each other
• An unmarried individual may adopt, but two unmarried individuals may not jointly adopt

North Carolina law places no general restrictions on who may be adopted. However, consent requirements, discussed below, may affect whether an adoption can proceed.

Consent in Adoption

Consent is a critical component of the adoption process. In most cases:

• The biological mother must consent to the adoption
• A child who is 12 years of age or older must also provide consent

Consent from the biological father depends on the circumstances. Consent may be required if the man:

• Is or was married to the biological mother
• Attempted to marry the mother before the child’s birth
• Signed an Acknowledgment of Paternity
• Established parentage through a court proceeding
• Has other legally recognized ties to the child

When a married individual seeks to adopt alone, the non-adopting spouse must generally consent to the adoption.

If you have questions about consent or eligibility requirements, a Raleigh adoption lawyer can help you determine what applies to your situation.

Finalizing Adoption

Once the adoption process is complete and the court enters the final order, you become the child’s legal parent. This includes both legal and physical custody, as well as:

• The responsibility to provide for the child’s care, well-being, and financial needs
• The authority to make decisions regarding education, healthcare, and other major aspects of the child’s life

What You Need to Know About Adoption in North Carolina

North Carolina law addresses a wide range of adoption situations. Having an experienced Raleigh adoption attorney is essential to navigating these rules correctly. Attorney Jonathan Breeden assists adoptive families by preparing required documents, ensuring compliance with statutory requirements, and representing clients at court hearings.

Understanding the different types of adoption can also help you plan effectively.

Open or Closed Adoption

Some families prefer to maintain privacy, while others value ongoing communication. A closed adoption keeps identifying information about the biological parents confidential, with records generally accessible only for medical reasons. In an open adoption, adoptive parents, biological parents, and sometimes the child maintain communication.

Open adoptions are common in family-based adoptions, such as stepparent or relative adoptions.

Using An Adoption Agency

Adoptive parents may choose to work with an adoption agency. There are two primary types:

• Private agencies typically charge higher fees but may offer more personalized services. Some specialize in infant adoptions or pre-birth placements and may impose additional requirements, including religious criteria.
• Public agencies are state-licensed and publicly funded. They serve children of many ages and backgrounds but may have limited resources for individualized counseling or support.

Independent Adoptions

Independent adoption may be an option when you already have a relationship with the child, such as in stepparent or relative adoptions. While agencies are not involved, independent adoptions are still subject to the same legal standards and statutory requirements.

Mistakes at any stage of the adoption process can cause delays or jeopardize the adoption entirely. Working with a Raleigh adoption lawyer helps ensure compliance and reduces the risk of complications. An attorney can assist with:

• Determining required consent
• Relative adoptions
• Stepparent adoptions
• Adoption by same-sex couples
• Termination of biological parents’ rights

Related Adoption Topics

Because there are so many types of adoption situations, there are many times when you’d benefit from legal advice.

• Termination of parental rights

• Starting an adoption

• The cost of adoptions

• The difference between adoption & foster care