How old do you have to be to adopt in North Carolina?

Short answer: In North Carolina, you must be an "adult" to adopt, which means 18 or older. The one exception is that someone under 18 who is married or emancipated also counts as an adult. That definition is in N.C.G.S. 48-1-103 and N.C.G.S. 48-1-101(3).

What this means for a stepparent

• If you are 18 or older and legally married to the child's parent, you meet the basic age requirement to start a stepparent adoption.
• North Carolina allows any legally married spouse to adopt their partner's child through the stepparent adoption process.
• If you are under 18, you would need to be married or emancipated to qualify as an adult under the statute.

Questions about age the clerk can answer

North Carolina's adoption statutes define who counts as an adult, but a few related age questions depend on details the court can confirm. These include whether there is an upper age limit for adopters and whether any age difference between you and the child matters. The District Court clerk in your county can confirm these, and an attorney can advise on your specific situation.

The child's age

The age of the child being adopted can also affect the process. In North Carolina, a child who is 12 or older must consent to the adoption (N.C.G.S. § 48-3-601).

Adopting an adult

Stepparents sometimes adopt an adult stepchild. North Carolina permits adult adoption, and the adult being adopted must consent. The law does not set a relative, prior-relationship or age-gap condition for adult adoptions. These are handled as a special proceeding before the clerk of superior court, and the typical timeline is about 4-8 weeks.

Other basics once you meet the age requirement

• Residency: Jurisdiction depends on residency. For example, the child or the adopter must have lived in North Carolina for the six consecutive months before filing (N.C.G.S. § 48-2-100).
• Court: Stepparent adoptions are filed in District Court in your county.
• Home study: It is waived in stepparent adoptions (N.C.G.S. § 48-2-501(d)(1)).
• Abandonment: If the other birth parent's rights are an