Concord Adoption Lawyers, North Carolina

Helping parents and children become families

Adopting a child is the warmest part of family law. Unlike divorces and separations that divide families, adoptions unite families. Epperson Law Group, PLLC, helps prospective parents during this exciting but stressful time. We’ll guide you through the requirements which include a lot of paperwork, a review of your ability to provide and nurture the child you’re adopting, and the legal requirements (such as the need to terminate the rights of a biological parent). Our Concord adoption lawyers will guide you through each step of the process until you officially become parent and child. We handle all types of adoptions.

How can we help?

What is an adoption?
What types of adoptions do your Concord family lawyers handle?
What is the process for filing for an adoption in Concord?
What is the judge’s role in the adoption process in Concord?
When is the termination of the rights of a biological parent required?
Do you have a Concord adoption lawyer near me?

What is an adoption?

Adoption is the legal process that enables the person seeking an adoption to become a parent and the adoptee to become that parent’s child. When an adoption is approved, the adoptive parent and adoptee child have the same legal rights and privileges as a biological parent and child.

In North Carolina, a married couple or an individual can seek to adopt a child or an adult. An adoptee who is an adult must consent to the adoption. Children 12 and older must also consent – unless the petitioner has “cause” why consent is not required. The family court in Cabarrus County will supervise the adoption to protect the adoptee. Spouses cannot adopt each other.

What types of adoptions do your Concord family lawyers handle?

Our Concord family lawyers handle all types of adoptions including:

An agency adoption. In this type of adoption, a county social services department or a licensed child-placing agency places a child with an adult – for the purpose of adopting the child. By making the placement, the agency consents to the adoption. Our Concord adoption lawyers understand the unique challenges and complexities involved with agency adoptions. These private adoptions can be closed or open:
- Many private agency adoptions are “closed” which means the identity of the biological parents is not disclosed to the adopting parents or the adoptee.
- The identity of the biological parents is disclosed.
A stepparent adoption. When parents remarry, the new spouse may seek to adopt the biological parent’s child – provided the other biological parent consents or that parent’s rights can be terminated.
A relative adoption. Here, a parent or guardian places the child with the petitioner for the purpose of adopting the adoptee. The relative consents to the adoption. Relatives include grandparents, siblings (full or half), first cousins, aunts, uncles, great-aunts, great-uncles, or great-grandparents of the child. A placement by a relative who doesn’t fit within those “relative” categories is called an independent adoption. Grandparent adoptions are common when a parent has substance abuse problems or can’t take care of their child (the grandchild) for other reasons.
A foreign adoption. These adoptions include:
- “Re-adoption of a child who was adopted in a foreign country by the same petitioner.”
- “Adoption of a child when an adoption is not finalized in a foreign country.”
An adult adoption. Here one adult adopts another adult. An adult adoption may be advisable if an adult has special needs.
Same-sex adoption. This type of adoption is also called a “second parent” adoption. These adoptions can involve a nonbiological parent who wants to adopt their partner’s/spouse’s biological child. A same-sex adoption also includes joint adoptions where the adoptee is not related to either member of the couple. Our Concord adoption lawyers understand the challenges involved with same-sex adoptions.

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

An adoption is a “special proceeding” that begins when the person seeking to adopt (the petitioner) files a formal adoption petition request in the Cabarrus County Courthouse – or in the country where an agency involved in the placement has an office.

Some adoptions may require a “preplacement assessment.” This assessment (a home study) evaluates the petitioner(s) to determine if they are suitable adoptive parents. Some adoptions may also require that a report (recommendation) on a proposed adoption be filed with the clerk of the superior court. Both assessments and reports are prepared by a county department of social services or a licensed child-placing agency.

The petition and other documents are not open to the public. The final adoption decree is available to the public.

There are specific timelines and requirements for serving a petition for adoption in North Carolina. The petition normally is accompanied by the pre-placement assessment or report of adoption, any court costs, an affidavit (that identifies the names, addresses, and marital status of the biological parents), and any consents (if there are any) from the biological parents.

Our Concord adoption lawyers can prepare an order terminating the rights of biological parents and a formal adoption decree for the judge to sign. We’ll explain what other requirements may be necessary.

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

If a biological parent or any other person who has a valid interest in the adoption objects, the judge will hold a hearing to determine the merits (or lack of merits) of their objections. Our lawyers work to address these objections before the hearing if possible and at the hearing if no agreement can be reached.

If there is a hearing, the family law judge will review:

The best interests of the child
The merits of any objections
Whether the petitioners are suitable parents

Our Concord adoption lawyers will help you understand the questions that are likely to be asked so you can be comfortable at the hearing.

A hearing may not be required if there are no objections and all the documents are in order. Many judges do hold hearings even when there are no objections because the adoption is a time to celebrate. The hearing gives the judge one last chance to speak with the adoptive parent(s) and child – and to formally approve the adoption decree.

In a successful adoption hearing, the court must find the following:

The adoption is in the child’s best interest
The prospective parents are suitable for the adoption
The adoption’s procedure and requirements were fulfilled correctly

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.

In stepparent adoptions, the biological parent must consent or their rights must be terminated after a hearing. Normally, courts won’t force a parent to terminate their parental rights unless the child has been abused or neglected.

Do you have a Concord adoption lawyer near me?

Adoptions are one of the most enjoyable parts of a family law practice. At Epperson Law Group, we gladly meet adoptive parents and biological parents at our Concord office located at 99 Church St NE. We also consult with clients by phone and video. We’ll answer all your questions and guide you through the adoption process.

Speak with our compassionate Concord adoption attorneys now

We understand how excited you are to have a new member of your family. At Epperson Law Group, PLLC, we have several decades of experience helping families adopt children and adults. We anticipate the problems and disputes that are likely to arise. We focus on all the paperwork and complexities of adoptions so you can focus all your time where it belongs – on your new child. To schedule a consultation with a Concord adoption attorney, please call us or complete our contact form.