Knowing what to expect from North Carolina adoption law can ease a lot of your stress.

Whether you're considering adoption for your baby or hoping to grow your family, understanding the legal process is the first step. These laws are here to protect your rights and guide you every step of the way.

This guide covers the most important parts of the adoption process in North Carolina. If you're ready to take the next step, our adoption specialists are here to help.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. You can choose adoption for your baby in North Carolina. As the biological parent, you have the legal right to create an adoption plan and place your baby with the adoptive family you choose.

Relevant Law: N.C. Gen. Stat. § 48-3-601

When can I give my baby up for adoption?

There isn’t a set adoption waiting period in North Carolina; you can legally consent to the adoption anytime after your baby is born. It is important to take the time you need to recover physically and be emotionally certain of your decision before signing the legal paperwork. Your adoption agency or attorney will guide you through this process.

Relevant Law: N.C. Gen. Stat. § 48-3-603

Can I get my baby back after adoption?

Yes. North Carolina law allows you to revoke your consent within seven days after you sign the adoption paperwork. After the seven-day period ends, the adoption is typically final unless the court finds that your consent was obtained through fraud or duress.

Relevant Law: N.C. Gen. Stat. § 48-3-608

Can you do adoption without the father's consent?

Sometimes, yes. If the father has not established paternity, has failed to support you during the pregnancy or cannot be located despite reasonable efforts, the court may waive the requirement for his consent.

Relevant Laws: N.C. Gen. Stat. § 48-2-206, § 48-3-601, § 48-3-603

Do both birth parents have to sign adoption papers?

Yes. Both birth parents must typically sign the adoption paperwork. However, the court may waive the requirement for one parent’s consent if they have abandoned the child, been deemed unfit or failed to provide support.

Relevant Laws: N.C. Gen. Stat. § 48-3-601, § 48-3-603

Can I get paid for adoption?

No. You cannot legally be paid for placing your baby for adoption in North Carolina. However, you may receive financial assistance from the adoptive family to help cover reasonable pregnancy-related expenses, including medical, legal and living costs.

Relevant Law: N.C. Gen. Stat. § 48-10-103

Can you choose who adopts your baby?

Yes. You have the right to choose the adoptive family that you feel is the best fit for your baby. Your adoption agency will provide you with profiles of waiting families, and you can select the one that matches your preferences.

Relevant Law: N.C. Gen. Stat. § 48-3-202

Can people from a different state adopt my baby?

Yes. Families from outside North Carolina can adopt your baby through the Interstate Compact on the Placement of Children (ICPC). This process ensures that both states involved approve the adoption and that all legal requirements are met.

Relevant Law: N.C. Gen. Stat. § 7B-3800

Can I give my baby up for adoption without an agency?

Yes. Independent adoptions are legal in North Carolina as long as all legal requirements are followed.

Relevant Laws: N.C. Gen. Stat. § 48-3-201, § 48-3-202

Can my spouse adopt my child?

Yes. North Carolina allows stepparent adoption if the child’s other legal parent gives consent or if the court waives that requirement due to abandonment or unfitness.

Relevant Laws: N.C. Gen. Stat. § 48-4-101, § 48-4-102, § 48-4-103

Can my family adopt my baby?

Yes. North Carolina permits relative adoptions. Your child may be adopted by a grandparent, sibling, aunt, uncle or other close family member, depending on the circumstances.

Relevant Law: N.C. Gen. Stat. § 48-1-103

Can you anonymously put a baby up for adoption?

Mostly, yes. Although your identity must be disclosed to the court and legal professionals involved in the adoption, your information does not have to be shared with the adoptive family. Semi-open or closed adoptions allow you to maintain privacy.

Relevant Law: N.C. Gen. Stat. § 48-3-605

Can I have contact with my child after the adoption?

Yes. You and the adoptive family can agree to stay in contact through an open or semi-open adoption plan. These post-adoption contact agreements are not legally enforceable in North Carolina, but the adoptive families who work with us are open to ongoing communication.

More Information: https://www.americanadoptions.com/adopt/open_adoption

How does tribal adoption work for Native American children?

If your child is a member of or eligible for membership in a federally recognized tribe, the Indian Child Welfare Act (ICWA) applies. The tribe must be notified, and specific placement preferences must be followed to protect the child’s heritage.

Relevant Law: N.C. Gen. Stat. § 143B-139.5A

Can I drop my baby off at a fire station?

Yes. North Carolina’s Safe Surrender law allows you to leave a baby under 30 days old with a firefighter, healthcare provider, law enforcement officer or social services worker without facing criminal charges. This option is completely confidential.

Relevant Law: N.C. Gen. Stat. § 7B-521

What rights do biological parents have after adoption?

Once the adoption is finalized, biological parents no longer have any legal rights or responsibilities for the child.

If an open adoption plan was made, you may still maintain a relationship through agreed-upon contact.

Relevant Law: N.C. Gen. Stat. § 48-1-106

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt?

No. North Carolina allows both single individuals and married couples to adopt a child.

Relevant Law: N.C. Gen. Stat. § 48-1-103

How old do you have to be to adopt?

You must be at least 18 years old to adopt in North Carolina.

Relevant Law: N.C. Gen. Stat. § 48-1-103

Do you need a home study for a private adoption?

Yes. North Carolina requires a home study, or pre-placement assessment, for all private adoptions. This process includes background checks, interviews and home visits to ensure the child will be placed in a safe and supportive environment.

Relevant Law: N.C. Gen. Stat. § 48-3-301

Do you need a home study for an independent adoption?

Yes. Even if you are pursuing an independent adoption without an agency, a home study is still legally required.

Relevant Law: N.C. Gen. Stat. § 48-3-301

Can you adopt without an agency?

Yes. You can adopt independently in North Carolina. However, you will still need to meet all legal requirements, including completing a home study and securing court approval. You will likely need a lawyer to adopt in North Carolina.

Relevant Laws: N.C. Gen. Stat. § 48-3-201, § 48-3-202

What are the steps to adopt a baby in North Carolina?

• Step 1: Complete your home study with a licensed provider.

• Step 2: Be chosen by an expectant mother and obtain her legal consent.

• Step 3: File an adoption petition in court.

• Step 4: Adjust during the post-placement supervision period.

• Step 5: Attend the final adoption hearing to receive a decree of adoption.

Relevant Laws: N.C. Gen. Stat. § 48-3-301, § 48-3-605, § 48-2-304, § 48-2-603, § 48-2-606

Can you adopt a child from another state?

Yes. You can adopt a child from another state if the adoption follows ICPC guidelines, which require approval from both states before the child can be placed with you.

Relevant Law: N.C. Gen. Stat. § 7B-3800

Can we advertise for a birth mother?

Yes. You may advertise to connect with an expectant mother if your home study has been approved and you follow all North Carolina laws regarding advertising for adoption.

Relevant Law: N.C. Gen. Stat. § 48-10-103

Can a birth father stop an adoption?

Yes. If the birth father has legal parental rights and objects to the adoption, the court will consider whether he has taken steps to establish paternity or provided financial and emotional support.

Relevant Laws: N.C. Gen. Stat. § 48-2-206, § 48-3-601, § 48-3-603

What if the birth parents don’t sign?

If the birth parents do not sign the adoption paperwork, the court cannot approve the adoption unless it legally terminates their parental rights due to abandonment, neglect or other qualifying circumstances.

Relevant Law: N.C. Gen. Stat. § 48-2-602

When is an adoption finalized?

An adoption in North Carolina is finalized after all legal steps have been completed, including the home study, consent, post-placement visits and court hearing. The judge will issue a final decree of adoption at the hearing.

Relevant Law: N.C. Gen. Stat. § 48-2-606

Can birth mothers change their mind?

Yes. A birth mother can revoke her consent within seven days after signing the adoption paperwork. After that time, the adoption is generally permanent unless a court finds fraud or coercion.

Relevant Law: N.C. Gen. Stat. § 48-3-608

Are adoptive parents on the birth certificate?

Yes. After the adoption is finalized, a new birth certificate is issued that lists the adoptive parents’ names. The original birth certificate is sealed and kept confidential by the state.

Relevant Law: N.C. Gen. Stat. § 48-9-107

What rights do adoptive parents have after adoption?

Adoptive parents have the same full legal rights and responsibilities as if the child were born to them.

Relevant Law: N.C. Gen. Stat. § 48-1-106

Are open adoptions legally binding?

No. Open adoption agreements are not legally enforceable in North Carolina. However, most families respect the arrangements and maintain communication based on mutual agreement.

We request all hopeful parents who work with us to be open to sending photos and letters and scheduling at least one in-person visits in the first five years of the child’s life.

More Information: https://www.americanadoptions.com/adopt/pictures_letters

Does ICWA apply to private adoptions?

Yes. The ICWA applies to all adoptions involving Native American children. The child’s tribe must be notified, and placement preferences must be followed.

Relevant Law: N.C. Gen. Stat. § 143B-139.5A

What support is available after adoption?

After adoption, support may include counseling, access to medical and background information and financial assistance for children with special needs (through state programs). Our agency also offers post-placement support services for families.

More Information: https://www.americanadoptions.com/adopt/post-adoption-support-services

For Adoptees

If your adoption was completed through our agency, we can assist you in accessing adoption records or exploring reunion opportunities. North Carolina law also allows adult adoptees to request certain information about their adoption.

Learn more about your adoptee rights.

What’s Next?

Navigating North Carolina adoption law can feel overwhelming, especially when you’re trying to make the best decision for your future. Whether you’re an expectant parent, hopeful adoptive family or an adoptee searching for answers, you don’t have to figure it out alone.

Contact our adoption specialists today to get personalized guidance and take the next step with confidence.

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