Few things are as life-changing and joyful as making a child officially part of your family. Whether you are hoping to adopt your stepchild, a child relative, or a child you have raised and loved as your own, North Carolina law allows private adoptions that do not involve an agency or the Department of Social Services.
Where the Process Begins
Every adoption starts by addressing the rights of the child’s biological parents. The legal rights of biological parents must either be voluntarily given up or legally terminated before an adoption can move forward. This can happen through consent—where a biological parent agrees to the adoption—or through a court process that ends their parental rights due to concerns about the child’s safety or well-being.
If the child is old enough and mature enough, their consent may also be required, depending on the circumstances.
Filing the Adoption Paperwork
Once parental rights are no longer in place, the person wishing to adopt can file a formal adoption petition with the Court. Depending on the situation, there may be paperwork requirements such as background checks, affidavits, or a home study. In many cases—especially with stepparent or relative adoptions—some of these steps may be waived.
Finalizing the Adoption
In most private adoptions where all requirements have been met, there is no need for a formal court hearing. Instead, the Court reviews the documents and, if everything is in order and the adoption is in the best interest of the child, issues a Final Decree of Adoption.
Once finalized, the child receives a new birth certificate listing the adoptive parent or parents. Legally, the adoptive family relationship is just as strong and permanent as any biological one.
If you or somebody you know wants to learn more about adoption and termination of parental rights, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Jordan Wideman is a compassionate family law attorney at Modern Legal, driven by a lifelong passion for helping others. Coming from a family rooted in public service, Jordan brings empathy, strength, and dedication to every client. A proud first-generation attorney, Jordan uses personal experience and deep community ties to guide families through their most important challenges—because to Jordan, family is defined by love, not just blood.
