Adoption Doesn’t Have To Be Confusing
When asked, most people would be able to come up with an approximate definition of adoption: the process of becoming a child’s legal parent. And that’s close enough for most. However, the legal proceedings involved in completing an adoption are much more complicated than that simple definition implies, often requiring the involvement of an adoption attorney.
At , we are adoption lawyers serving people in Raleigh and across North Carolina. We understand the struggles of families looking to expand. In North Carolina, adoption is a loving, kind way to do just that. When you’re ready to make the step to grow your family, we’ll be there to help.
The Legal Process For Adopting A Child
In North Carolina, adoption is a highly regulated process, and there are many variables involved, depending on the type of adoption you choose. The options for adoption include the following:
- Private adoption: This can occur by either going through an agency or working directly with a prospective adoptee’s parents or guardians. The state does not control this type of adoption.
- Public adoption: This involves going through a state-run adoption agency to find a child who best fits a family. Often, these are children from a state-run child welfare and fostering system.
- Relative adoption: This is the adoption of a child whom you have a familial relationship with when their parents are unable to care for them.
However, no matter what type of adoption you’re looking to pursue, you’ll have to do some or all of the following steps:
- Undergo a comprehensive home study.
- File a petition for adoption with the court.
- Secure the termination of parental rights of any biological parent.
- Pass a pre-placement assessment.
This process can take an exceptionally long time and involve an incredible amount of uncertainty. As adoption lawyers, we will be with you at every step to help you make thoughtful choices.
Adoption Eligibility In North Carolina
Any individual – with their consent, if they’re an adult – may be adopted in the state of North Carolina. Any individual over 18 may adopt someone, with the exception of their spouse. You do not need to be married, and there are no codified restrictions based on LGBTQ factors.
The Rights Of Birth Parents
Birth parents’ rights must be terminated before a child can have adoptive parents. There are two ways to do this: with consent and through a court order. In most cases, a parent will voluntarily give up their parental rights as part of the process of putting their child up for adoption.
However, in many cases involving children in the care of the state, the parents may be less willing to do so. In these instances, prospective adoptive parents must get a court order removing parental rights by presenting evidence to the court to support this move. In that situation, convincing evidence often relates to safety concerns regarding continued parental rights. These concerns are due to circumstances such as the following:
- A history of drug abuse
- Criminal charges
- A history of physical or sexual abuse
- Abandonment allegations
Once the rights of the birth parents are terminated, the next step is securing the adoption.
Open Vs. Closed Adoption
Increasingly, many parents and prospective parents consider an “open” adoption. This type of adoption is one in which the biological parents of the child can maintain a relationship or contact with the adopted child. These adoptions let children get to know their biological parents and keep all parties fully informed.
However, not every family or individual views an open adoption as a necessary or desired option. Some people who give up their children may simply want their privacy later in life. What the right choice is for you and your family is up to you, but we will answer any questions you may have and assist you with all legal aspects of the process.
Legal Support Through All Your Challenges
As you begin your adoption journey, we will be there to support you when you need it. We are sensitive to the challenging times that may lie ahead, and we’re ready to help you resolve any difficulties that you might encounter as you strive to grow your family.
Helping our clients open their homes to children in need is one of the best duties we have as attorneys. Reach out today to find out more about our firm’s services by calling 919-926-1943 or sending an email using this form.