Adopting a Child in North Carolina
Who can adopt in North Carolina, whose consent is needed, home studies, and how stepparent adoption works.
Short answer: Any adult may adopt another individual, but spouses may not adopt each other. Before a minor is placed, a written preplacement assessment completed or updated within the prior 18 months must find the prospective parent suitable, except in independent adoptions by certain close relatives… N.C. Gen. Stat. §§ 48-1-103, 48-3-301, 48-3-601
| Adoption requirements | Any adult may adopt another individual, but spouses may not adopt each other. Before a minor is placed, a written preplacement assessment completed or updated within the prior 18 months must find the prospective parent suitable, except in independent adoptions by certain close relatives (grandparents, siblings, first cousins, aunts, uncles, great-aunts, great-uncles, great-grandparents). Consent is required from a minor 12 or older and, in a direct placement, from the mother, any man who meets the statute's tests for a legal or acknowledged father (such as marriage to the mother, legitimation, or acknowledgment plus support), and any guardian, unless consent is excused under the statute. |
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| Stepparent adoption | A stepparent may petition to adopt a spouse's minor child if the spouse has legal and physical custody and the child has lived primarily with the spouse and stepparent for the six months before filing (other routes apply if the spouse has died or is incompetent, or the court permits for cause). Consent is required from the child if 12 or older, from the child's parents as defined for adoption consent, and from any guardian, unless consent is excused under the statute. Whether a preplacement assessment or court report is required for stepparent adoptions was not confirmed in the sections reviewed. |
More North Carolina divorce & family law
- Getting a Marriage License in North Carolina
- Guardianship of a Child or Adult in North Carolina
- Establishing Paternity in North Carolina
- Changing Your Name in North Carolina
- Child Custody Laws in North Carolina
- How Child Support Is Calculated in North Carolina
- Divorce Records in North Carolina
- Alimony and Spousal Support in North Carolina
- How to File for Divorce in North Carolina
- Legal Separation and Annulment in North Carolina
- All North Carolina divorce & family law rules
FAQ
What are the requirements to adopt a child in North Carolina?
Any adult may adopt another individual, but spouses may not adopt each other. Before a minor is placed, a written preplacement assessment completed or updated within the prior 18 months must find the prospective parent suitable, except in independent adoptions by certain close relatives (grandparents, siblings, first cousins, aunts, uncles, great-aunts, great-uncles, great-grandparents). Consent is required from a minor 12 or older and, in a direct placement, from the mother, any man who meets the statute's tests for a legal or acknowledged father (such as marriage to the mother, legitimation, or acknowledgment plus support), and any guardian, unless consent is excused under the statute.
How does stepparent adoption work in North Carolina?
A stepparent may petition to adopt a spouse's minor child if the spouse has legal and physical custody and the child has lived primarily with the spouse and stepparent for the six months before filing (other routes apply if the spouse has died or is incompetent, or the court permits for cause). Consent is required from the child if 12 or older, from the child's parents as defined for adoption consent, and from any guardian, unless consent is excused under the statute.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.