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How To Adopt A Baby In North Carolina

adopting twins

If you’re considering adoption, you might wonder how adoption specifically works in North Carolina. In some ways, the adoption process is the same for all adoptive parents. In other ways, you have some choices when it comes to how to pursue your adoption in North Carolina. Here are the basics about how to adopt in North Carolina from Bobby Mills:

You may adopt directly or through an agency

There are several ways to begin the adoption process. You may work directly with the adoptive parent. You may also work with an agency without any direct contact with the adoptive parent.

Identifying a child available for adoption

Adoption begins with identifying a child to adopt. You may pursue identifying a child to adopt before the child is born. You can even begin some of the legal paperwork before the child is born.

Adopting independently

There are several ways that parents identify an adoptable child. You may know a parent who is looking to place their child for adoption. If you work directly with a biological parent, you work directly to provide the court with the paperwork that they need in order to evaluate and approve the adoption. There are some risks involved with direct adoption. It’s important to evaluate your case with a North Carolina adoption attorney in order to identify potential problems and ensure that there are no problems that could derail the case and cause heartache.

Adopting through an agency

Alternatively, you may work through an adoption agency to identify a child that’s available for adoption. The adoption agency gathers information about you. They also gather information about children waiting for adoption. Then, they work to match families. An adoption agency can help you gather the paperwork that you need to submit to the court. An experienced adoption attorney can help you with legal paperwork, and they can help you evaluate the case in order to ensure that your case is successful the first time.

Adopting through foster care

Some parents meet their adoptive children through foster care. A child in the foster care system may or may not be available for adoption. North Carolina social services workers try to reunite parents and children whenever possible. If that’s not in the child’s best interests, the child may become available for adoption. Foster parents may decide to adopt a child in their care. Approval to be a foster parent and approval to be an adoptive parent are separate procedures. Parents adopting from foster care still need the approval of the court through the adoption process.

Completing your home study

Nearly all North Carolina adoptions require a home study. The only exception is where a stepparent is adopting a stepchild and the child has lived with the stepparent for a significant period of time. A home study involves allowing a third party to learn about your family and complete a report that gives an opinion about the suitability of the adoption.

The home study involves multiple visits to your home. The evaluator gathers information about your family history, your health history and the current makeup of your family. The evaluator talks to each family member about their feelings surrounding the adoption.

After the home study is complete, the evaluator makes a recommendation about whether they think the adoption is in the child’s best interests. The child’s best interests are the evaluator’s overriding concern. The home study evaluator writes a report and sends it to the court for the court’s review.

If you use an adoption agency for your adoption, they can help you arrange for an appropriate individual to conduct the home study. You must use an approved person or agency. If you adopt independently or if you use an agency, a North Carolina adoption attorney can help you find the appropriate evaluator. They can also help you review the evaluator’s recommendation. If you disagree with any information in the report, your attorney can help you determine how to address the inaccuracies.

Beginning the legal process

Once you’ve identified a child for adoption, you can begin the legal process. If your child’s biological mother is expecting, you can prepare some paperwork before the child is born. Doing some paperwork before the child is born can give you some rights to manage the child’s care immediately when the child is born. In all cases, an adoption formally begins when a parent files a petition for adoption in the appropriate court.

When you file for adoption, it’s important to have the appropriate consents from biological parents. You must either have the permission of both parents, or you must have grounds to terminate the rights of a parent. You must provide each parent with notice of the proceedings.

If one parent doesn’t agree to the adoption, you must prove that the parent is unfit to parent under North Carolina law. The standard to win termination of a biological parent’s rights is very high. Our adoption attorneys in North Carolina can help you determine if your case is likely to be successful. If a parent consents to the adoption, they can complete paperwork in order to state their intent to the court.

Completing the legal process

If all of the consents are in order and the court has all of the information that it needs to make a decision, the court may approve the adoption without a hearing. If the court wants more information or if a parent wants to contest the adoption, the court can schedule a hearing. The parties have the opportunity to present information at the hearing. If the court approves the adoption, the court signs the order and forwards the record to state offices for central recordkeeping. The records are generally confidential.

Extra steps for international adoptions

If you choose to adopt from another country, there are a few extra steps to your adoption. You must use an approved adoption agency. You must first complete the adoption in your child’s home country. Then, you must finalize your adoption in North Carolina.

The specifics of what you need to do to complete the adoption depend on your child’s home country. Your child may be formally adopted in their home country, or you may receive only a guardianship. In all cases, it’s important to verify your adoption in North Carolina in order to prevent challenges to the adoption in the future.

The adoption process in North Carolina

The adoption process in North Carolina depends on the specific facts of your case. You may already know the child or their biological parent, or you may work with an agency to identify a child who is available for adoption. In all cases, you must show the court that the adoption is in the child’s best interests. Bobby Mills can help you determine the best course of action to help you make the adoption process smooth and successful – to get started, give us a call or fill out our contact form.

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What Our Clients Have To Say

  • 5
    Got more information in 15 minutes than anyone else I've dealt with. As a specialist and not a general family law guy Bobby Mills knew exactly all the answers I needed on the spot. He saved me a lot of time and really helped me out with what to do. I highly recommend him.
    In-Depth Answers and Straight Talk
  • 5
    Bobby handled our adoption in 2020. Consistently available to answer questions, helped us navigate the Covid unknowns, and he has a very stable demeanor which was invaluable during the process. Knows the procedure thoroughly. Definitely recommend.
    Steady, Consistent Service, Start to Finish
  • 5
    Mr. Mills did a great job with our adoption. He was always professional and kept us informed of what to expect. His fees are fair and reasonable. We have adopted twice and used him both times. I would highly recommend him for any adoption.
    Always Professional
  • 5
    Mr Mills was a wonderful attorney for our adoption. He was always available to speak with me and answer all my many questions I had. I had an issue adding my son to our health insurance and within minutes Mr Mills helped me get him added. The adoption process can be scary but with Mr Mills his knowledge and communication with me made the experience less stressful! If we ever do an adoption again we will most definitely hire him again!
    Made Our Experience Less Stressful
  • 5
    Title says it all we found Bobby on an adoption website as someone certified for interstate adoptions. He was always able to clear up any confusion, stayed connected with us and checked on our progress regularly.
    Knowledgeable, Professional and Caring Attorney
  • Mr. Mills was able to get a fast court date and we [were] granted the motion to intervene very quickly. We [were] also able to see our grandchildren. Mr. Mills was very understanding of our concerns. He returned calls promptly and answered all of our questions. I am so happy we retained Mr. Mills to fight for us and the children.
    Visitation rights with grandchildren
  • Attorney Mills returned a phone call to me in an extremely prompt manner. He was very, professional, knowledgeable , helpful and kind. He patiently listened and answered questions for me. I gained insight that I didn't know. I would recommend Attorney Mills 100% and absolutely would retain his services.
    Questions pertaining to adoption
  • Bobby Mills and his staff are the best in the business. Bobby's knowledge, professionalism, and dedication to his clients is beyond reproach. As with any other adoption case, patience is a must. Thankfully Bobby possesses patience in great quantities. His calming and reassuring manner never faltered and thankfully even rubbed off on my husband and me. There's no doubt in my mind, that without Bobby and his staff, our beautiful children would not have our last name. Thank you for making our family whole and bringing so much joy to our lives.
    Exceptional!
  • Bobby has been a great guide through a difficult out of state adoption. He provided good counsel and concisely presented us with all options for each hurdle we came to during an emotional process.
    Great Experience
  • I hired Bobby to navigate to adoption of my 2 stepdaughters. From start to finish he answered all our question, put everyone at ease and was very detailed in his filings. Couldn't have asked for a better experience!! Awesome Job!
    Professional, Knowledgable and Attention to Detail
  • We had a very positive professional experience with Bobby Mills and his staff. We would recommend him to anyone.
    Exceptional attorney

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Phone: 919-306-2899
  • Adoption of Foreign Children
  • Adult Adoption
  • Fathers’ Rights
  • Gay & LGBT Adoption
  • Guardianships
  • Independent or Private Adoption
  • International Re-Adoption
  • Interstate Adoptions
  • Open & Closed Adoption
  • Relative Adoption
  • Second Parent Adoption
  • Step Parent Adoption In NC

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Our over three decades of experience guarantees our clients in North Carolina and beyond with professional, customized solutions for their family formation needs.

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