termination of parental rights

What is the name of your state? North Carolina


My husband wishes to adopt my daughter but first I need to terminate the bio-father parental rights. Problem is, last time I saw him I was three months pregnant. I have absolutely no information on him or where he may be. His name isn't even on the birth certificate! Do I have to terminate his rights or can we just go ahead with the adoption? Thanks!

[nextwife]

North Carolina Adoption Statute Summary

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

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.