GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 2
HOUSE BILL 293
Senate Judiciary II Committee Substitute Adopted 5/12/15
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Short Title: Adoption Law Changes. |
(Public) |
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Sponsors: |
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Referred to: |
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March 19, 2015
A BILL TO BE ENTITLED
AN ACT to make various changes under the laws pertaining to adoption.
The General Assembly of North Carolina enacts:
SECTION 1. Article 1 of Chapter 48 of the General Statutes is amended by adding a new section to read:
"§ 48‑1‑108A. Adoptees subject to the Hague Adoption Convention.
If the adoption of the adoptee is subject to the Convention of 29 May 1993 on Protection of Children and Co‑operation in Respect of Intercountry Adoption (Hague Adoption Convention), the provisions of the Hague Adoption Convention shall control the individual's adoption. Documentation establishing whether the Hague Adoption Convention applies to an adoptee may be filed and copies thereof may be certified by the court before or after the decree of adoption has been granted."
SECTION 2. G.S. 48‑1‑109(c) reads as rewritten:
"(c) An order for a report to the court must be
sent to a county department of social services in this State, an agency
licensed by the Department, or a person or entity authorized to prepare home
assessments for the purpose of adoption proceedings under the laws of the
petitioner's state of residence. If the petitioner moves to a different state
before the agency completes the report, the agency shall request a report pursuant
to the Interstate Compact on the Placement of Children under Article 38 of
Chapter 7B of the General Statutes from a person or entity authorized to
prepare home assessments for the purpose of adoption proceedings under the laws
of the petitioner's new state residence."
SECTION 3. G.S. 48‑2‑100(c) reads as rewritten:
"(c) The courts of this State shall not exercise
jurisdiction under this Chapter if at the time the petition for adoption is
filed, a court of any other state is exercising jurisdiction substantially in conformity
with the Uniform Child‑Custody Jurisdiction and Enforcement Act, Article
2 of Chapter 50A of the General Statutes. However, this subsection shall not
apply if within 60 days after the date the petition for adoption is filed,prior
to the decree of adoption being granted the court of the other state
dismisses its proceeding or releases its exclusive, continuing jurisdiction."
SECTION 4. G.S. 48‑2‑206 reads as rewritten:
"§ 48‑2‑206. Prebirth determination of right to consent.
(a) At any time after six approximately
three months from the date of conception as reasonably determined by a
physician, the biological mother, agency, or adoptive parents chosen by the
biological mother may file a special proceeding with the clerk requesting the
court to determine whether consent of the biological father is required. The
biological father shall be served with notice of the intent of the biological
mother to place the child for adoption, allowing the biological father 15 30
days after service to assert a claim that his consent is required.
(b) The notice required under subsection (a) of this section shall contain the special proceeding case caption and file number and shall be substantially similar to the following language:
"[Name of the biological mother], the biological mother,
is expected to give birth to a child on or about [birth due date]. You have
been identified as the biological father. It is the intention of the biological
mother to place the child for adoption. It is her belief that your consent to the
adoption is not required. If you believe your consent to the adoption of this
child is required pursuant to G.S. 48‑3‑601, you must notify
the court in writing no later than 15 30 days from the date you
received this notice that you believe your consent is required. A copy of your
notice to the court must also be sent to the person or agency that sent you
this notice. If you fail to notify the court within 15 30 days
that you believe your consent is required, the court will rule that your
consent is not required."
(c) If the biological father fails to respond within the time required, the court shall enter an order that the biological father's consent is not required for the adoption. A biological father who fails to respond within the time required under this section is not entitled to notice under G.S. 48‑2‑401(c) of an adoption petition filed within three months of the birth of the minor or to participate in the adoption proceeding.
(d) If the biological father notifies the court within
15 30 days of his receipt of the notice required by subsection
(a) of this section that he believes his consent to the adoption is required,
on motion of the petitioner, the court shall hold a hearing to determine
whether the consent of the biological father is required. Promptly on receipt
of the petitioner's motion, the court shall set a date for the hearing no
earlier than 60 days nor later than 70 days after the biological father
received the notice required by subsection (a) of this section and shall notify
the petitioner and the biological father of the date, time, and place of the
hearing. The notice of hearing to the biological father shall include a
statement substantially similar to the following:
"To the biological father named above: You have told the court that you believe your consent is necessary for the adoption of the child described in the notice sent to you earlier. This hearing is being held to decide whether your consent is in fact necessary. Before the date of the hearing, you must have taken steps under G.S. 48‑3‑601 to establish that your consent is necessary or this court will decide that your consent is not necessary and the child can be adopted without it."
During the hearing, the court may take such evidence as necessary and enter an order determining whether or not the consent of the biological father is necessary. If the court determines that the consent of the biological father is not required, that individual is not entitled to receive notice under G.S. 48‑2‑401(c) of an adoption petition filed within three months of the birth of the minor or to participate in the adoption proceeding.
(e) The manner of service under this section shall be the same as set forth in G.S. 48‑2‑402.
(f) The jurisdiction provisions of Article 6A of Chapter 1 of the General Statutes and the venue provisions of Article 7 of Chapter 1 of the General Statutes rather than the provisions of Part 1 of this Article apply to proceedings under this section.
(g) Computation of periods of time provided for in this section shall be calculated as set forth in G.S. 1A‑1, Rule 6.
(h) Transfer under G.S. 1‑301.2 and appeal under G.S. 1‑279.1 shall be as for an adoption proceeding.
(i) A determination by the court under this section that the consent of the biological father is not required shall only apply to an adoption petition filed within three months of the birth of the minor."
SECTION 5. G.S. 48‑2‑401(f) reads as rewritten:
"(f) A notice required under this section must state that the person served must file a response to the petition within 30 days after service or, if service is by publication, 40 days after first publication of the notice, in order to participate in and to receive further notice of the proceeding, including notice of the time and place of any hearing."
SECTION 6. G.S. 48‑3‑202(b) reads as rewritten:
"(b) Information about a prospective adoptive
parent shall be provided to a prospective placing parent or guardian by
the prospective adoptive parent, the prospective adoptive parent's attorney, or
a person or entity assisting the parent or guardian. Except as otherwise
provided in this subsection, this information shall include the preplacement
assessment prepared pursuant to Part 3 of this Article, and may include
additional information requested by the parent or guardian. The agency
preparing the preplacement assessment may redact from the preplacement
assessment provided to a placing parent or guardian detailed information
reflecting the prospective adoptive parent's financial account balances and
detailed information about the prospective adoptive parent's extended family
members, including surnames, names of employers, names of schools attended,
social security numbers, telephone numbers and addresses, and other similarly
detailed information about extended family members obtained under G.S. 48‑3‑303.the
information described in G.S. 48‑3‑303(c)(12)."
SECTION 7. G.S. 48‑3‑301(b) reads of rewritten:
"(b) A preplacement assessment is not required in
an independent adoption when a parent or guardian places a minor directly
withprospective adoptive parent is a grandparent, full or half sibling,
first cousin, aunt, uncle, great‑aunt, great‑uncle, or great‑grandparent
of the minor."
SECTION 8. G.S. 48‑3‑603(a)(7) reads as rewritten:
"(a) Consent to an adoption of a minor is not required of a person or entity whose consent is not required under G.S. 48‑3‑601, or any of the following:
…
(7) An individual listed in G.S. 48‑3‑601 who has not executed a consent or a relinquishment and who fails to respond to a notice of the adoption proceeding within 30 days after the service of the notice or, if service is by publication, 40 days from the first publication of the notice.
…."
SECTION 9. G.S. 48‑3‑605(b) reads as rewritten:
"(b) A parent who has not reached the age of 18 years shall have legal capacity to give consent to adoption and to release that parent's rights in a child, and shall be as fully bound as if the parent had attained 18 years of age. In addition to other methods of identification permitted by Chapter 10B of the General Statutes or other applicable law, a parent who has not reached the age of 18 years may be identified to an individual authorized to administer oaths or take acknowledgements by an affidavit of an adult relative of the minor parent, a teacher, a licensed professional social worker, or a health service provider."
SECTION 10. G.S. 48‑3‑606(2) reads as rewritten:
"§ 48‑3‑606. Content of consent; mandatory provisions.
A consent required from a minor to be adopted, a parent, or a guardian under G.S. 48‑3‑601 must be in writing and state each of the following:
…
(2) The name, date of birth, and permanent address address,
if any, and if none, the current mailing address, of the individual
executing the consent."
SECTION 11. G.S. 48‑3‑703(a)(2) reads as rewritten:
"(a) A relinquishment executed by a parent or guardian under G.S. 48‑3‑701 must be in writing and state the following:
…
(2) The name, date of birth, and permanent address address,
if any, and if none, the current mailing address, of the individual executing
the relinquishment."
SECTION 12. Sections 4, 5, and 8 of this act are effective when they become law and apply to proceedings filed after that date. The remainder of this act is effective when it becomes law.