Stepparent Adoption in North Carolina, Most Frequently Asked Questions
- What does it mean to legally adopt my stepchild? What will change?
Adopting a child has a lot of legal ramifications. First, it means you have all of the same legal rights and benefits as their biological parent (your spouse). This means you can sign their forms, make important decision, and in general have a stronger parental relationship with the child. It also means that if something were to happen to you, they could inherit from your estate like any other biological child.
The other side of this is that you will now be legally responsible for this child. If you and their parent end up divorcing, you are still responsible for child support. It is a big decision to adopt a child and it should be treated that way.
- How long do I have to be married to adopt my stepchild?
In North Carolina, you are required to be married for six months before you can adopt your stepchild. Once you file your petition for adoption, there will be a home study and a criminal background check to ensure that this adoption would be safe and in the best interest of the child. However, if you have been married for at least two years, you can avoid the home study. Many couples wait until the two-year mark before formally adopting to make the process easier.
- What are the situations where stepparent adoption is allowed?
In order to adopt your stepchild, you must be married to the parent that has physical and legal custody of that child. The child needs to have lived primarily with you and your husband/wife for the last six months to qualify for a stepparent adoption. Additionally, if your husband/wife has recently died or is incompetent, but the child lived with you and your spouse before the death or incompetence you can file a petition to adopt the child.
- Does the other biological parent have to agree to the adoption?
The other biological parent can either consent to the adoption or if they refuse to consent you can try to have their parental rights terminated. The other biological parent is giving up any parental rights they have to the child by consenting to an adoption, so it is a big deal. They need to fill out a certain form, “Consent to Adoption by Parent Who is Not the Stepparent’s Spouse” and sign this form in front of a notary. You will then have to file this form along with several others when trying to adopt the child.
- What do I do if the other parent won’t consent to the adoption or I don’t know where they are?
If you don’t know where the other biological parent is or they will not voluntarily consent to the adoption, your spouse (the child’s parent) will have to try to terminate their parental rights. In order to do this you will have to file additional paperwork with the court before you file for the adoption. You will have to give a reason under the law as to why the other parent’s rights should be terminated. Examples of such reasons are a lack of child support payments for an extended period of time, abandonment of the child, or abuse and neglect.
You will then need to attempt to find the other parent so you can serve them with these papers. If you cannot find them then you can try to serve them through publication, but this can become complicated. Once the parental rights have been terminated, you can continue with your adoption.
If you know where the other parent is and they simply won’t consent to the adoption things can become even more complicated. You can still try to file court forms to terminate their parental rights, but it will be much more difficult to do so. If the other biological parent chooses to fight for their parental rights, they can get a court appointed attorney working for them. You will have to prove why it is in the best interest of your child that their parental rights should be terminated under North Carolina law.
- Do I have to have the child’s permission to adopt them?
If the child you are trying to adopt is over the age of 12 they will have to consent to the adoption by signing a particular form. Keep in mind that you can still adopt a stepchild over the age of 18 in North Carolina, in which case the child/adult would need to consent.
If you are a stepparent that is planning on adopting your stepchild, contact our office at (980)225-1832 or Info@DuncanLarsonLaw.com to set up a low-cost consultation to discuss your case.
