What are the adoption laws in North Carolina?

Stepparent adoption in North Carolina is governed by North Carolina General Statutes Chapter 48. A legally married spouse can adopt their partner's child by filing a petition in the District Court in their county, and you can do this without an attorney.

Who can adopt. North Carolina allows any legally married spouse to adopt their partner's child through the stepparent adoption process. An adopter must be an adult, meaning 18 or older, or under 18 if married or emancipated.

Where you file. You file in the District Court in your county. North Carolina has 100 counties, and the clerk can tell you about local forms and procedures. Big cities like Charlotte, Raleigh, Greensboro, Durham and Winston-Salem each have their own courthouse routines, so check locally.

Residency. North Carolina requires a residency period of 6 months (N.C.G.S. § 48-2-100). The clerk can confirm how it applies to your family.

What you file. The filing typically includes:

• A Petition for Adoption
• Background information about the child being adopted
• Your spouse's consent to the adoption
• The court filing fee

Consent. A child who is 12 or older must consent to the adoption (N.C.G.S. § 48-3-601). Your spouse, the child's parent, must also consent. If the child's other parent is not consenting, or you can't find them, the facts of your situation matter a great deal. North Carolina law refers to a 6-month period in its abandonment provision (N.C.G.S. § 7B-1111(a)(7)). Whether it applies to you is a question for the District Court clerk or an attorney. Termination of parental rights is not a separate step in North Carolina's stepparent process.

Notifying the other parent. North Carolina allows personal service. If a parent's location is unknown, service by publication is allowed after a diligent search.

Home study. The home study is waived in stepparent adoptions (N.C.G.S. § 48-2-501(d)(1)). You don't need to schedule a social worker's visit.

Timeline and cost. A stepparent adoption typically takes 3-6 months. Court filing fees generally run $150-$300, and the total cost is typically under $1,000 when you handle the paperwork yourself. Hiring an attorney commonly costs $3,000-$5,000+.

Adult adoption. North Carolina also permits adult adoption, which typically takes 4-8 weeks. An adult cannot adopt their own spouse. The court procedure and consent rules differ from those for a child, so confirm the details with the clerk before filing.

After the adoption. Once the court finalizes the adoption, North Carolina Vital Records is the agency to contact about the child's birth record.