In this answer · 6 sections
No. In a North Carolina adult adoption, the birth parent does not have to consent just because they are the birth parent. The consents that matter are the adult adoptee's own consent and, in a stepparent adoption, the consent of the petitioner's spouse (which the court can waive for cause). Birth parents may still be on the separate notice list, which is a routine filing step.
Consent checklist by role
| Role | Consent | Paperwork |
|---|---|---|
| Competent adult being adopted | Signs the adult-adoption consent | The acknowledged consent, matching the petition |
| Petitioner's spouse in a stepparent adoption | Consents unless the court waives it for cause | The spouse's consent, or the court's waiver |
| Guardian of an adoptee adjudicated incompetent | Consents in place of the adoptee | Guardianship information; the court's added safeguards apply |
| Birth parent with no other role | No consent needed | Check the notice list |
The adult-consent provisions are Article 5, G.S. 48-5-102 and 48-5-103. If one person has two roles, go by the role: a biological parent who is also the petitioner's spouse signs as the spouse.
Signing the adoptee's consent
The posted DSS-5164 form covers the adoptee's agreement to become the petitioner's legal child, the legal effects, the requested name, and an acknowledgment section. The posted form shows a November 2014 revision date; the clerk can confirm current filing instructions.
Sign before an authorized person such as a notary, and keep the adoptee's current name and requested new name the same on the consent and the petition. Read the whole form first, including the inheritance, property, support and revocation provisions, so the adoptee knows exactly what the new legal relationship means.
Spousal consent and joining the petition
The statute separately covers married petitioners and whether both spouses must join the petition, with a specific exception for an adult adoption by a stepparent or former stepparent. Joining the petition and consenting are two different things, so check each.
The official DSS-5165 spouse-of-petitioner consent is signed by the spouse of the petitioner in a stepparent adoption. Its posted revision is January 2017. Match each person to the right form before signing, and note any waiver you plan to request.
Capacity and revocation
When the adoptee has been adjudicated incompetent, the guardian consents, and the court appoints a guardian ad litem other than that guardian to investigate and report. A diagnosis or family help with paperwork is different from a court adjudication, so tell the preparer if an adjudication or guardianship exists.
An Article 5 consent can be revoked before the adoption decree using the written-notice procedure in the statute. Once the petition is filed, that includes filing the revocation with the clerk where the petition is pending. The signing date and the decree date are two separate milestones.
Complete the notice checklist
North Carolina requires notice to certain family members in adult cases, even when no birth-parent consent is needed. The notice guide lists them. Then use the filing roadmap to keep consents, service records and the court's decisions together before the hearing.
More North Carolina adult-adoption guides
Costs and budget · Timing and hearings · Adult stepchild eligibility · Age and legal status · Who adopts whom · Family notice · Filing roadmap.
Adult adoption in North Carolina at a glance
- Court
- Clerk of Superior Court
- Typical timeline
- 4-8 weeks
- Court filing fee
- Confirm the adult-adoption filing fee and any copy charges with your court.
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