North Carolina Adult Adoption: A Step-by-Step Filing and Consent Guide

The short answer: adult adoption in North Carolina is one of the simplest adoptions there is. The only consents the law requires are the adult being adopted and, in a stepparent adoption, the petitioner's spouse (G.S. 48-5-102). The biological parents don't sign a consent at all, and the court can grant the adoption without them. You file a petition with the clerk of superior court, give the required notice, and attend a short hearing.

Step 1: Check the State and County Before You Prepare Papers

In North Carolina an adoption is a special proceeding before the clerk of superior court (G.S. 48-2-100). North Carolina can hear the case if, when you file, either the person being adopted has lived in North Carolina for the six consecutive months before filing, or the adopting parent has lived or been domiciled here for the six consecutive months before filing.

You then file in the county where a petitioner lives or is domiciled, or where the adult being adopted lives (G.S. 48-2-101). Call that county's clerk of superior court and ask whether it has an adult-adoption checklist, how many copies it wants, and which documents need to be notarized.

When the "adult" is under 18

North Carolina's adult-adoption article also covers married and emancipated minors (G.S. 48-5-100). Our standard online questionnaire uses age 18 as the boundary, so contact our team before you begin if the person you're adopting is under 18 and married or emancipated.

Step 2: Work Out Who Files and Who Consents

Under G.S. 48-5-101, any adult may adopt another adult, except their own spouse. If the adopting parent is married, both spouses normally join in the petition. There's an exception made for stepfamilies: a stepparent or former stepparent can file alone, and the court can also waive joint filing for cause.

Consent is where North Carolina's adult rules are refreshingly short. G.S. 48-5-102 says consent "is required only of" two people:

Person	What North Carolina requires
The adult being adopted	A written consent, signed and acknowledged before a notary or other official
The petitioner's spouse, in a stepparent adoption	A written, acknowledged consent, unless the court waives it for cause
The adult's biological parents	No consent. They may be entitled to notice (see Step 4), and the court can waive notice to a parent for cause

That's the real world in adult adoption: the other biological parent never signs anything, and the court grants the adoption anyway. It mirrors what we see in minor stepparent cases too. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent.

The adult's consent has to say that they agree to become the adoptive parent's legal child, with all the rights and duties of that relationship, and that they understand the effect on inheritance, property and support. The spouse's consent in a stepparent adoption states that the spouse agrees, understands the adoption may reduce what the spouse and the petitioner's other children could inherit from the petitioner, and believes the adoption is in everyone's best interest. Anyone who consents can revoke in writing before the decree is entered.

If the adult has been adjudicated incompetent, their guardian consents in their place, and the court appoints a separate guardian ad litem to investigate and report (G.S. 48-5-103). That's a different track from a standard adult adoption.

Step 3: Prepare the Petition and Consents

North Carolina DHHS publishes the adult-adoption forms: DSS-5163, Petition for Adult Adoption, DSS-5164, Consent to Adoption by Adult Adoptee, and DSS-5165, Consent to Adult Adoption by Spouse of Petitioner. Note the title of DSS-5165: it's the consent of the petitioner's spouse, not the adoptee's spouse.

The petition asks for birth details, how the two of you are related, the names and addresses of the family members who receive notice, and the name the adult will use after the adoption. Gather this before you start:

Step 4: File and Give Notice

File the petition with the clerk. No later than 30 days after filing, you start serving notice on the people entitled to it (G.S. 48-2-401). In an adult adoption, that's the adopting parent's adult children and any parent, spouse or adult child of the adoptee who is listed in the petition. The court can waive notice to the adult adoptee's parent for cause.

Notice isn't a request for permission. It simply tells the person the case exists. The notice states that they must respond within 30 days after service, or 40 days after first publication if served by newspaper, to take part in the case. If a parent can't be found, publication is the routine route, and keeping simple notes of your search makes it easy.

Step 5: The Hearing and the Decree

At the hearing, the adopting parent and the adult both appear in person unless the court waives it for cause (G.S. 48-2-605). The court grants the petition when it finds that at least 30 days have passed since filing (which it can waive for cause), notice was served, the consents and documents are on file, and both of you are doing this freely and understand what it means.

At least 10 days before the hearing, each petitioner files an affidavit listing any money paid in connection with the adoption, such as court costs and document preparation (G.S. 48-2-602). List the actual amounts you paid.

Once the decree is signed, you are legally parent and child, including inheritance rights (G.S. 48-1-106). In a stepparent adoption, the adult's relationship with your spouse, their parent, doesn't change. Order certified copies of the decree and ask the clerk about the paperwork for an amended birth certificate.

What It Costs

Item	Cost
Document preparation (StepParent Adoption 360)	$349 for the first adult, $99 for each additional adult
Court costs in a special proceeding	$120 ($106 General Court of Justice, $10 facilities, $4 technology; G.S. 7A-306)
Service, publication, certified copies, birth certificate	Ask the clerk and vital records

Questions to Take to the Clerk

• Does this county have an adult-adoption filing checklist?
• How many copies do you need, and which documents must be notarized?
• What proof of notice must be filed before the hearing?
• How are the hearing date, the decree and the birth certificate paperwork handled?

More North Carolina help: adult filing checklist, adult hearing and timeline, adult adoption cost, and the North Carolina state guide.

Frequently Asked Questions

Do the biological parents have to consent to an adult adoption in North Carolina?

No. G.S. 48-5-102 requires consent only from the adult being adopted and, in a stepparent adoption, the petitioner's spouse. Listed parents receive notice of the filing, and the court can waive notice to a parent for cause.

Must both spouses petition for an adult adoption in North Carolina?

Normally a married adopter's spouse joins the petition, but a stepparent or former stepparent can file alone, and the court can waive joinder for cause (G.S. 48-5-101). In an adult stepparent adoption, your spouse signs a separate written consent unless the court waives it for cause.

Can I adopt my adult stepchild without telling the biological parent?

A parent listed in the petition is entitled to notice, but the court can waive notice to an adult adoptee's parent for cause (G.S. 48-2-401(d)). Either way, the parent doesn't consent and can't block the adoption by refusing to sign.

Where do I file the petition?

With the clerk of superior court in the county where a petitioner lives or is domiciled, or where the adult being adopted lives (G.S. 48-2-101). Either of you must have lived in North Carolina for the six months before filing (G.S. 48-2-100).

How soon can the adoption be finished?

The court can grant the adoption once at least 30 days have passed since filing, and it can waive that wait for cause (G.S. 48-2-605). Your county's hearing calendar and the notice responses set the rest of the pace.

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources (checked October 7, 2026): N.C. Gen. Stat. §§ 48-1-106; 48-2-100, 48-2-101, 48-2-401, 48-2-602, 48-2-605; 48-5-100, 48-5-101, 48-5-102, 48-5-103; 7A-306 (ncleg.gov); NC DHHS forms DSS-5163, DSS-5164 and DSS-5165. Company figures (34,000+ families since 2001; about 80% of completed stepparent adoptions without the other parent's consent) are from our own records.