Stepparent Adoption in North Carolina

So, you’ve been there for the scraped knees, the bedtime stories, and the school plays. You’re more than a presence in your stepchild’s life at this point. You’ve become a parent in every way that counts.

Now, you’re considering making it official through stepparent adoption in North Carolina. It’s a significant step, both legally and emotionally, and understanding the process can help you get through with a minimal amount of fuss and hassle.

Understanding stepparent adoption

Stepparent adoption is a legal process where you, as a stepparent, become a legal parent of your spouse’s child. This means you’ll have the same rights and responsibilities as any biological parent, including decision-making authority, custody rights, and inheritance rights. It’s not just a formality, either. It’s important to understand that this is a commitment that solidifies your role in your stepchild’s life.

Legal requirements for stepparent adoption

Before you begin, it’s important to make sure you meet North Carolina’s legal requirements for stepparent adoption:

• Marriage: You must be legally married to the child’s biological parent. North Carolina doesn’t recognize common-law marriages, so you’ll need to formally tie the knot if you haven’t. North Carolina also does not allow you to adopt if you are not legally married to one of the child’s biological parents.
• Criminal background: You’ll need to have a criminal background check conducted. A criminal record (more than, say, traffic tickets or other less severe misdemeanors) doesn’t automatically exclude you, but it does complicate the process.
• Residency: The child must have lived in North Carolina for at least six months before filing the adoption petition.
• Custody: The biological parent must have legal and physical custody of the child.
• Consent: Consent from the non-custodial biological parent is usually required. However, if that parent has abandoned the child or their parental rights have been terminated, consent may not be necessary. Understand that stepparent adoption requires that the noncustodial parent give up their rights as a parent, which means completely terminating them under the law. North Carolina does not recognize more than two legal parents of a child.
• Child’s consent: If the child is 12 years or older, their consent to the adoption is also required. This requirement is designed to help protect the child’s rights and best interests by giving them a significant degree of control in the process.

The adoption process

Once you’ve confirmed that you meet the requirements, here’s what the adoption process generally looks like:

Filing the petition

You’ll start by filing a petition for adoption in the county where you reside. This petition includes information about you, your spouse, the child, and the non-custodial parent. You’ll also need to provide a certified copy of the child’s birth certificate and your marriage certificate.

Home study

In many cases, a home study (also known as a pre-placement assessment) is required to evaluate your suitability as an adoptive parent. However, if you’ve been married to the child’s parent for more than two years and the child has lived with you during that time, the court may waive this requirement. The idea here is just to make sure that you’re able to provide a stable home life for the child.

Background checks

Both you and your spouse will undergo background checks to make sure there are no criminal histories that would disqualify you from adopting.

Consent from the non-custodial parent

If the non-custodial parent is willing to consent, they’ll need to sign a consent form. If they’re unwilling or unable to consent, you may need to pursue a termination of parental rights through the court. In that instance, the court will end the noncustodial parent’s rights (against the parent’s will). Termination does happen, but it must be done only in situations that warrant it. Grounds for termination include abandonment, abuse, neglect, or failure to support the child.

Court hearing

After all the paperwork is filed and requirements are met, a judge will review your case. In most instances, a court hearing will be held to finalize the adoption. Once approved, you’ll receive a decree of adoption, and the child’s birth certificate will be updated to reflect you as a legal parent.

Benefits of stepparent adoption

Adopting your stepchild is a significant show of your commitment to the child and their future. Here are some benefits:

• Legal recognition: You’ll have the same legal rights and responsibilities as a biological parent, including decision-making authority and custody rights.
• Emotional security: Adoption can provide your stepchild with a sense of stability and belonging.
• Inheritance rights: Your stepchild will have the right to inherit from you, just like a biological child.
• Medical decisions: You’ll be authorized to make medical decisions on behalf of your stepchild.

Potential challenges

While the process can be straightforward, there are potential challenges:

• Uncooperative non-custodial parent: If the other biological parent refuses to consent, you’ll need to pursue termination of their parental rights, which can be a complex legal process.
• Home study requirements: If you haven’t been married for two years, a home study may be required, adding time and complexity to the process.
• Emotional considerations: Adoption can bring up emotional issues for everyone involved, including the child, the non-custodial parent, and extended family members.

Seeking legal assistance

Given the legal complexities and emotional nuances, it’s advisable to consult with an experienced family law attorney. They can guide you through the process, help with paperwork, represent you in court, and ensure that your rights, and those of your stepchild, are protected.

Final thoughts

Stepparent adoption is a meaningful step that can strengthen the bond between you and your stepchild. While the legal process requires careful navigation, the result is a legally recognized parent-child relationship that reflects the love and commitment you’ve already demonstrated.

If you’re considering stepparent adoption in North Carolina, take the time to understand the requirements, prepare for the process, and seek legal guidance to start the journey toward becoming your stepchild’s legal parent. Contact us at Epperson Law Group for a consultation.