Adoption for child

[esaloca]

What is the name of your state?NC

I've been married for 7 years and have an 11 year old son. We lived in NY until he was 7 years of age and then moved to NC. My question is we just found out his biological dad was killed in a car accident. We had started the process of seeking a lawyer. We checked abandonment laws and found out he still needed to get his consent and give up his parental rights.

So now that he has passed away, what legal loopholes will we have to go through to get my son legally adopted by my husband? Will we have to get any type of consent from the grandparents or other sibling? DNA testing....I'm sincerely hoping for a speeding legal adoptions... what will my choices be... Please help!!!!

[stealth2]

You'll likely just need to provide a death certificate.

[nextwife]

A agree with Stealth. Likely only a certified copy of the death certificate is needed for a step adoption.

[url]http://www.adoptionsolutions.com/general/state%20laws/nc_law.htm[/url]

North Carolina Adoption Statute Summary

General Statutes of North Carolina Sections 48-1 to 48-38 and (1997)

Who Can Adopt?
Any person over 18 years of age who has lived in North Carolina for 6 months may adopt. A husband and wife must jointly adopt. If the person seeking to adopt is the stepparent, then the spouse does not need to join in the adoption. If the prospective adoptive parent is the biological parent or stepparent, this person may adopt even if they are younger than 18 years of age.

Who Can Be Adopted?
Any person can be adopted.

Consent to Adoption
Written consent is required of the following parties:
1. both natural parents, even if minors, or the child's guardian; if the parent cannot be found after diligent efforts have been made that fact must be made known to the court;
2. the spouse, in a stepparent adoption case;
3. a court-appointed person, where the court determines that the parent is not qualified to consent;
4. the adoptee, if 12 years of age or older; and
5. any man who may or may not be the biological father, but who is or was married to the mother of the adoptee if the adoptee was born during the marriage or within 280 days after the marriage ended, attempted to marry the mother before the adoptee's birth and the adoptee is born within 280 days of this attempt he has legitmated or acknowledged the child by the laws of any state acknowledged his paternity before the filing of the adoption petition and is obligated to support the adoptee and has consistently provided support.
Consent is not required of
1. a parent whose parental rights have been terminated;
2. a parent who has surrendered the child to a child-placing agency;
3. a parent who is judged to be mentally incompetent;
4. a parent who has been given notice of the hearing and has not appeared nor consented to the adoption;
5. a putative father who has denied paternity or waives his rights to the child (any determinations that the adoption may proceed without the putative father's consent can only be made after he has been given notice of the hearing); or
6. the husband who is divorced from the mother of the child begotten during the period of separation.
Once consent is given it may not be revoked after an interlocutory decree or the final order of adoption has been entered, after 30 days from the date of giving consent, or after 30 days of giving general consent to a child-placing agency. Revocation of consent must be made in writing.

Confidentiality
Records from adoption proceedings are not open to public inspection, except upon a court order. Certain nonidentifying information may be given to theadoptive parents or guardian, or the adoptee who is 21 years of age, including date of birth of adoptee and age, heritage, education, and general appearance of biological parents. In addition, if available, the adoptive parents, or legal guardian of any minor adoptee shall receive, before the adoption is finalized, the medical and health history of biological parents. The adoptee may also receive this information upon written request. No reference can be made in the adoption records to the biological parent's marital status, nor shall reference be made as to whether the adoptee was born out of wedlock.

Any necessary information within the closed adoption files may be released upon written request if the judge determines it to be in the best interests of the child.

Permissible Fees
No person, agency, association, corporation, institution, society, or other organization, except a licensed child-placing agency or a county department of social services shall offer, give, charge, or accept a fee or any kind of compensation for receiving or placing, arranging placement of, or assisting in the placement of any child for adoption.

Adoptive parents may pay the reasonable and actual medical expenses incurred by the biological mother incident to the birth of the child. Adoptive parents must disclose the amount of payments and represent that there were no gifts or payments of other fees or promises to pay any other fees.

Place of Adoption Hearing

The adoption hearing shall take place in the county where the adoptive parents or adoptee live, where the child lived when it was placed in custody of the child-placing agency, or where the child-placing agency is located. The hearing may take place in any other county unless the biological parent or any person having legal custody of the child objects within 30 days.

Authority To Place Child
Any agency operated under a license to place children for adoption issued by the Department of Human Resources shall have authority to place a child for adoption.

Relative Adoption
The State residency requirement and probationary period are waived in the case of stepparent or grandparent adoptions.

The requirements of notification does not apply to director of County Social Services, or placements with a child's relative.

[esaloca]

NC

Thank you for your response. He died in Maryland but I don't know where. Would my lawyer be able to do the legwork for me or is there a central spot I can call to get the information?

Thanks again!