Belonging and family – the idea that part of who you are is impacted by those you love and are part of your “circle.” For many people, that “circle” encompasses both biological and non-biological loved ones. This sense of belonging can have a profound impact on the mental health and development of children and adults.
In the family law realm, that sense of belonging for those in a family can be tied to and impacted by parental and inheritance legal rights. For any person not biologically related to a child, including many same-sex couples, securing the full breadth of these rights is necessary to secure the sense of belonging.
Many people would think that having your name included on the birth certificate is enough to provide you with full parental rights and solidify your role in a child’s life regardless of divorce, incapacity or death. Unfortunately, having your name on the birth certificate stops short of guaranteeing a person parental rights. Instead, at times, a birth certificate is no more than a piece of evidence to bolster a claim that you should be given parental and custodial rights by the Court. Rather, a biological relationship affirms parental rights. For same-sex couples or third-party couples, one or possibly both prospective parents will need to secure custodial and/or parental rights by means other than biology.
Adoption is the legal process by which a non-biological person assumes the parental rights normally held by the biological parent. North Carolina allows married couples and single individuals to adopt a child. Married couples make a joint-petition for adoption. For married couples, the couple must be married for at least six (6) months before filing their adoption petition; and if they have been married for less than two (2) years, additional reports by the Department of Social Services are required. If it is a situation where one person needs to adopt their spouse’s child, then a step-parent adoption can occur. One form of adoption that is not allowed by the North Carolina Courts is known as second-parent adoptions – an adoption by a partner’s child however the child’s other biological parent’s rights have not been terminated.
For an adoption to occur, the termination of the parental rights of one or both biological parents must occur. A termination of parental rights can occur by Consent or by Court Order. Where one of the biological parents was a donor to the fertilization and birthing process, it is likely they have already waived their parental rights as part of the donation process. In the absence of Consent, a petition to terminate parental rights may need to be filed and a lengthy litigation process may ensue.
While the process of gaining parental rights can be tedious, lengthy in time, and frustrating, security comes from knowing that the child you have raised is also legally your child. More importantly though, an adoption provides security to the sense of belonging in the family created by you and your child… and it makes the time spent more than worth it.
If you are seeking to create the familial sense of belonging through adoption, our Modern Legal Team 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.
Written by: Tiffany A. Byrd
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
