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Adoption

Asheville Adoption Lawyers

Helping parents and children unite as loving families in North Carolina

The adoption of a child is one of the most heart-warming experiences a family can have with the legal system. Unlike most family law matters, adoptions generally focus on unity instead of divisions. Since 2011, Epperson Law Group, PLLC, has been helping adults and children become families. Our Asheville adoption lawyers will explain the eligibility requirements, the different types of ways to adopt a child, and how (when necessary) to terminate the rights of biological parents. We’re here to guide you through the legal process so you and your child can start your life together with the comfort and security of an approved adoption decree.

How can we help?

What is an adoption?

Adoption is the legal way in which a person seeking to adopt a child can officially become a parent and child. When you obtain a formal adoption decree, you and your adopted child have the same rights and privileges as a biological parent and child. You also have the same duties to raise and support your child as a biological parent has for their child.

In North Carolina:

  • The person/people who can adopt a child are a married couple or an individual.
  • The person who is adopted can be a child or an adult. An adult adoptee must consent to the adoption. A child who is 12 or older must also consent – unless there is a legitimate reason (called “cause”) why consent is not required.

What types of adoptions do your Asheville family lawyers handle?

Our Asheville adoption lawyers handle different types of adoptions, including the following:

  • Agency adoption. This adoption involves a county department of social services or a licensed child-placing agency that places a child with an adult who wants to adopt the child – and the agency consents to the adoption. At Epperson Law Group, PLLC, we handle closed and open agency adoptions. A closed agency adoption is when the agency does not disclose the identity of the biological parents to the adopting parents and the adoptee. In an open agency adoption, the agency does disclose the identity of the biological parents.
  • Independent adoption. This type of adoption involves a biological parent or guardian placing the child with the person(s) seeking the adoption. All parties in this arrangement must consent.
  • Adoption by a relative. This type of adoption involves a parent or guardian who places the child with a relative for the purpose of adoption and the parent/guardian consents to the adoption. Relatives include the child’s grandparent, full or half-sibling, first cousin, aunt or uncle, or great-aunt or great-uncle. If the above family relationship does not exist, the adoption becomes an independent adoption.
  • Foreign adoption. Foreign adoptions involve either re-adopting a child “who was adopted in a foreign country by the same petitioner” or adopting a child “when an adoption is not finalized in a foreign country.”
  • Stepparent adoption. Here, the petitioner is the child’s stepparent. This type of adoption generally requires that a biological parent who is not married to the petitioner consent to the adoption or that the rights of the non-spouse biological parent be terminated.
  • Adult adoption. An adult may seek to adopt another child. Spouses cannot adopt their spouses. An adult adoption may be advisable if an adult child has special needs.
  • Same-sex adoption. This type of adoption continues to evolve as the rights of same-sex couples evolve. This type of adoption (sometimes known as a “second-parent” adoption) can occur when a non-biological parent wants to adopt their partner’s/spouse’s biological child. A same-sex adoption can also involve both spouses adopting a child who is not a relative. Our Asheville adoption lawyers will explain your rights when a same-sex adoption is being considered.

What is the process for filing for an adoption in Asheville?

Our Asheville adoption lawyers will file a formal adoption petition in the Buncombe County Courthouse or another appropriate country if there is agency involvement.

North Carolina may require that an adoption petitioner undergo a pre-placement assessment. The assessment (also known as a home study) evaluates the petitioner (s) to determine whether they are suitable adoptive parents. A county department of social services or a licensed child-placing agency will conduct the pre-placement assessment.

The public does not have access to adoption petitions and related documents. The final adoption decree is available to the public.

Our Asheville adoption attorneys will guide you through the specific timelines and requirements for filing a petition for adoption in North Carolina. Some of these requirements include:

  • A pre-placement assessment or adoption report
  • The filing of the petition
  • Payment of any court costs
  • A formal identification of the names, addresses, and marital status of the biological parents
  • Any consents

When is the termination of the rights of a biological parent required?

Generally, if the petitioner(s) are not biological parents, the parental rights of both biological parents must be terminated – either voluntarily in writing, by court hearing, or if there is evidence a biological parent is deceased. A stepparent who petitions to adopt a child needs the consent of the non-spousal biological parent unless that parent is deceased.

Many biological parents will not consent to an adoption because the biological parents want to be in the child’s life. A court may authorize a termination if a biological parent is abusing or neglecting their child.

At Epperson Law Group, PLLC, we can explain how the consent process works and when you can request a hearing to terminate an irresponsible parent’s rights.

What is the judge’s role in the adoption process in Asheville?

The Buncombe County family law judge will hold a hearing if a biological parent objects to the adoption or if there is any other valid objection by anyone who has an interest in the child’s well-being. If there is a hearing, we can prepare you and help address any objections.

Even when all the consents and other paperwork are in order, judges often like to hold hearings because an adoption is a time of celebration. Non-contested hearings may be in the judge’s chambers. At this hearing, the judge will speak with you to be sure you understand your obligations.

Do you have an Asheville adoption lawyer near me?

At Epperson Law Group, PLLC, we meet adoptive parents at our Asheville office located at 1998 Hendersonville Rd. #25 Asheville, NC 28803. We also speak with clients by phone and through online video conversations. It’s our pride and joy to help families start their journey together with the knowledge that the parent/child bond is official.

Talk with our experienced Asheville adoption attorneys now

At Epperson Law Group, PLLC, we love to support clients who want to do wonderful things. Adopting a child is as wonderful as life gets. We can explain your rights, guide you through the challenges, and be with you when, ideally, you get to tell your child – yes, you’re now a member of the family.

Please call us or complete our contact form to schedule a free consultation with our Asheville family and divorce lawyers.