Smithfield Adoption Attorney

North Carolina’s Adoption Statutes

State law details the legal requirements and general process of adoption, while county court rules contain the more specific procedural rules.

Under both sets of regulations, there are specific details and terminology that can be daunting to adoptive parents. Because adoption falls under the category of family law, it’s also very personal. You may get the sense that the statues are prying into your private matters, but they’re intended to protect everyone involved in the process.

You can reduce your concerns and uncertainty by working with a Smithfield family lawyer. Adoption attorneys understand complex legal language and definitions, and they know how the laws apply to various scenarios.

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

Generally, a person at least 18 years or older is eligible to adopt. There are, however, some exceptions:

• Spouses aren’t allowed to adopt each other
• An unmarried individual can adopt, but two unmarried individuals cannot

There are no limitations on who is eligible to be adopted under North Carolina law, though the consent requirements described below may apply.

Consent in Adoption

The biological mother of the potential adoptee must consent to adoption, and consent of the child is necessary for adoptees 12 years or older.

The rules regarding the supposed biological father vary depending on the circumstance. Consent is required when the man:

• Is now or was previously married to the mother
• Attempted to marry the mother before the child was born
• Executed documents for an Acknowledgement of Paternity
• Established parentage through a court proceeding
• Has other ties to the child, as specifically defined by state law

There are also consent rules for adoption for married couples if only one of the spouses intends to adopt. The consent of the other spouse must accompany a solo petition for adoption.

If you have questions about consent and eligibility requirements, contact a Smithfield adoption lawyer today for help.

Finalizing Adoption

When you complete the adoption process and enter the necessary court orders, you are the legal parent of the adoptee. You have legal and physical custody, as well as:

• The responsibility to provide for the child’s care, well-being, and financial needs
• The right to make decisions regarding the important elements of raising the child

What You Need to Know About Adoption in NC

North Carolina’s laws cover many different adoption scenarios, so having the help of a Smithfield adoption lawyer is essential. You can trust Jonathan Breeden to navigate the legal process, including filing the proper forms, gathering supporting documents, and attending required court hearings. Still, you may find it useful to know what to expect.

Open or Closed Adoption?

Both adoptive and biological parents may have privacy interests they want to protect. A closed adoption enables the identity of the birth parents to remain confidential, so the child can only access records for medical purposes. In an open adoption, there is free communication between all parents and the child. For many adoptions taking place within the family, an open adoption is appropriate.

Using an Adoption Agency

You may choose to go the agency route to connect you with a child in need of a home. There are two types of agency situations you may encounter:

• Public Agencies – These are organizations that are funded by tax dollars and are licensed by the state. Public agencies work with many children of all ages and backgrounds, but limited resources prevent them from providing as much counseling or support as private entities.
• Private Agencies – These agencies usually cost more, but you may find that they can better suit your adoption objectives. Some organizations can match you with a younger child or infant, and even make arrangements before birth. Many private agencies are religious-based, so there may be stricter requirements than apply under North Carolina law.

Independent Adoption

You may opt to take the independent route if you already have some familial or other connection with the child, such as wanting to adopt your stepchild or a sibling. Many people assume the adoption process is easier when you avoid an agency, but the same statutory requirements and rules apply for independent adoptions.

With any type of adoption, errors in the process can be costly and put your family in jeopardy. When you work with a Smithfield adoption lawyer, you’re in a better position to achieve your adoption goals without delays or obstacles. A local adoption lawyer can advise you on:

• Necessary consent for adoption

• Relative adoptions

• Adoptions by stepparents

• Special adoption circumstances for same-sex couples

• Termination of biological parents’ rights