Legalize the adoption in court....
While some adoptive parents choose to file their own legal documents, it is recommended that an attorney be retained for filing the legal proceedings. The legal fees are arranged between the adoptive parents and the attorney. If the child is a special needs child who is in the custody of an agency, the legal fees can be reimbursed.
The laws relating to adoption are found in Chapter 48 of the North Carolina General Statutes. Legal steps for completing adoptions are:
Petition for Adoption
The petition must be signed by the adoptive parent, who must be a resident or domiciled in the state for at least six consecutive months before filing the petition. The petition may be filed in the county where the adoptee lives, where the child placing agency is located or where the petitioner lives at the time of filing. The following documents must be filed with the petition:
Affidavit of parentage
Legal clearance documents
Pre-placement assessment (home study)
Non-identifying background information and health history form
Interstate Compact on the Placement of Children documents, if applicable
Legal risk statement, if applicable
Child support obligation, if applicable
Once a petition is filed with all of the proper documents, the Clerk of Court will order the agency to make a report on the proposed adoption, if required for that type of adoption.
Report on Proposed Adoption
This report is filed with the court of adoptions by the child placing agency ordered to investigate/supervise the adoptive placement. This report includes a history and family background of the child, the birth parents and the adoptive parent(s), assessment of the adjustment of the child and family, and a recommendation as to whether the adoption should be finalized.
Before the adoption is finalized, an itemized list of any out-of-pocket costs, such as filing fees or court costs, must be filed with the court.
Decree of Adoption
The Decree of Adoption makes the child legally one of the family.
Birth certificate
The child is issued a new birth certificate after the adoption documents are sent to the N.C. Division of Social Services where they are indexed for permanent retention. The division notifies the Bureau of Vital Statistics in the state in which the child was born to issue a new birth certificate. The certificate shows the adoptive parent(s) as the child's parents and reflects the child's new name, if changed.
The adoption agency that had custody of the child prior to the placement for adoption will permanently retain the adoption record. If the agency is not known, contact may be made with the N.C. Division of Social services for that information. These agencies may release any non-identifying information, but the law does not permit any identifying information to be released.
