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  1. #1
    lmarieskelton Guest

    Does the birth father have any rights if he isn't on the birth certificate?

    What is the name of your state? North Carolina

    I have a 5 year old daughter and my husband wants to adopt her.

    The birth father has never been involved. His name is not on the birth certificate. We were never married. He abandoned us. There was a paternity test done at the request of his mother, which of course came back as him being the biological father. He has never legitimized her.

    I am wanting to know if I still need to get his rights terminated or if my husband can go ahead and adopt her since the biological father isn't on the birth certificate.

    The biological father is aware of his daughter and has been given the opportunity to visit with her. He has chosen to not be a part of her life.

    If anyone can help, I would greatly appreciate it!

  2. #2
    Join Date
    Jan 2003

    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.

    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.

  3. #3
    lmarieskelton Guest
    Thanks so much for that! That was very nice of you to post the entire thing. I am still not 100% clear. Does this mean that since he is not on the birth certificate he still has the same rights as if he was?

    Thank you again for your help! I really appreciate it!

  4. #4
    Join Date
    May 2002
    He would need to be served notice of the pending adoption.

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