Title: H532 [Ratified]
Category: Introduced Bill 2005

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005

HOUSE BILL 532
RATIFIED BILL

AN ACT to streamline adoption procedures by requiring consent from those persons whose parental status has been determined.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 48‑2‑206 reads as rewritten:
"§ 48‑2‑206.  Prebirth determination of right to consent.
(a)	At any time after six 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 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 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 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 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 2.  Part 2 of Article 2 of Chapter 48 of the General Statutes is amended by adding a new section to read:
"§ 48‑2‑207.  Necessity of consent post‑petition.
(a)	If any individual described in G.S. 48‑2‑401(c)(3) is served with notice of the filing of the petition in accordance with G.S. 48‑2‑402 and fails to respond within the time specified in the notice, the court, upon motion by the petitioner, shall enter an order under G.S. 48‑3‑603(a)(7) that the individual's consent is not required for the adoption.
(b)	The court shall hold a hearing to take evidence and determine whether an individual's consent to an adoption is required if any of the following:
(1)	Any individual described in G.S. 48‑2‑401(c)(3) who has been served with notice of the filing of the petition in accordance with G.S. 48‑2‑402 notifies the court within the time specified in the notice that he believes his consent to the adoption is required.
(2)	Any individual who has not been served with the notice of the filing of the petition intervenes in the adoption proceeding alleging that his or her consent to the adoption is required.
(c)	If the court determines that the consent of any individual is required, the adoption cannot proceed until such individual's consent is obtained or such individual's parental rights are terminated. If the individual whose consent is required did not have physical custody of the minor immediately prior to the placement of the minor with the prospective adoptive parents, a finding that such individual's consent is required does not entitle such individual to physical custody of the minor.
(d)	If the court determines that the consent of any individual described in G.S. 48‑2‑401(c)(3) is not required, such individual shall not be entitled to receive notice of, or to participate in, further proceedings in the adoption."
SECTION 3.  G.S. 48‑2‑304(c) reads as rewritten:
"(c)	A petition to adopt a minor under Article 3 of this Chapter shall also state all of the following:
(1)	A description of the source of placement and the date of placement of the adoptee with the petitioner.
(2)	That the provisions of the Interstate Compact on the Placement of Children, Article 38 of Chapter 7B of the General Statutes, were followed if the adoptee was brought into this State from another state for purposes of  adoption, or that a statement is attached describing the circumstances of any noncompliance."
SECTION 4.  G.S. 48‑2‑305(7) reads as rewritten:
"§ 48‑2‑305.  Petition for adoption; additional documents.
At the time the petition is filed, the petitioner shall file or cause to be filed the following documents:
(1)	Any required affidavit of parentage executed under G.S. 48‑3‑206.
(2)	Any required consent or relinquishment that has been executed.
(3)	A certified copy of any court order terminating the rights and duties of a parent or a guardian of the adoptee.
(4)	A certified copy of any court order or pleading in a pending proceeding concerning custody of or visitation with the adoptee.
(5)	A copy of any required preplacement assessment certified by the agency that prepared it and any certificate of service required by G.S. 48‑3‑307 or an affidavit from the petitioner stating why the assessment is not available.
(6)	A copy of any document containing the information required under G.S. 48‑3‑205 concerning the health, social, educational, and genetic history of the adoptee and the adoptee's original family which the petitioner received before the placement or at any later time, certified by the person who prepared it, or if this document is not available, an affidavit stating the reason why it is not available.
(7)	Any signed copy of the form required by the Interstate Compact on the Placement of Children, Article 38 of Chapter 7B of the General Statutes, authorizing a minor to come into this State, or any statement required by G.S. 48‑2‑304(c) describing the circumstances of any noncompliance.
(8)	A writing that states the name of any individual whose consent is or may be required, but who has not executed a consent or a relinquishment or whose parental rights have not been legally terminated, and any fact or circumstance that may excuse the lack of consent or relinquishment.
(9)	In an adoption pursuant to Article 4 of this Chapter, a copy of any agreement to release past‑due child support payments.
(10)	Any consent to an agency by a placing parent and adopting parents to release identifying information under G.S. 48‑9‑109.
The petitioner may also file any other document necessary or helpful to the court's determination."
SECTION 5.  G.S. 48‑2‑401 reads as rewritten:
"§ 48‑2‑401.  Notice by petitioner.
(a)	No later than 30 days after a petition for adoption is filed pursuant to Part 3 of this Article, the petitioner shall serve notice of the filing on the persons required to receive notice under subsections (b), (c), and (d) of this section.
(b)	In all adoptions, the petitioner shall serve notice of the filing on each of the following:
(1)	Any individual whose consent to the adoption is required but has not been obtained, has been revoked in accord with this Chapter, or has become void as provided in this Chapter.
(2)	The spouse of the petitioner if that spouse is required to join in the petition and petitioner is requesting that the joinder requirement be waived, provided the court for cause may waive this notice requirement.
(3)	Any individual who has executed a consent or relinquishment, but who the petitioner has actually been informed has filed an action to set it aside for fraud or duress.
(4)	Any other person designated by the court who can provide information relevant to the proposed adoption.
(c)	In the adoption of a minor, the petitioner shall also serve notice of the filing on each of the following:
(1)	A minor whose consent is dispensed with under G.S. 48‑3‑603(b)(2).
(2)	Any agency that placed the adoptee.
(3)	A man who to the actual knowledge of the petitioner claims to be or is named as the biological or possible biological father of the minor, and any biological or possible biological fathers who are unknown or whose whereabouts are unknown, but notice need not be served upon a man who has executed a consent, a relinquishment, or a notarized statement denying paternity or disclaiming any interest in the minor, a man whose parental rights have been legally terminated or who has been judicially determined not to be the minor's parent, or, provided the petition is filed within three months of the birth of the minor, a man whose consent to the adoption has been determined not to be required under G.S. 48‑2‑206.
(4)	Any individual who the petitioner has been actually informed has legal or physical custody of the minor or who has a right of visitation or communication with the minor under an existing court order issued by a court in this State or another state.
(d)	In the adoption of an adult, the petitioner shall also serve notice of the filing on any adult children of the prospective adoptive parent and any parent, spouse, or adult child of the adoptee who are listed in the petition to adopt; provided the court for cause may waive the requirement of notice to a parent of an adult adoptee.
(e)	Only those persons identified in subsections (b), (c), and (d) of this section are entitled to notice of the proceeding.
(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 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. 48‑2‑405 reads as rewritten:
"§ 48‑2‑405.  Rights of persons entitled to notice.
Except as provided in G.S. 48‑2‑206(c), 48‑2‑206(d), and 48‑2‑207(d), a person entitled to notice whose consent is not required may appear and present evidence only as to whether the adoption is in the best interest of the adoptee."
SECTION 7.  This act becomes effective October 1, 2005, and applies to actions filed on or after that date.
In the General Assembly read three times and ratified this the 28^th day of June, 2005.

	_____________________________________
		 Marc Basnight
	 President Pro Tempore of the Senate

	_____________________________________
		 James B. Black
	 Speaker of the House of Representatives

	_____________________________________
		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2005

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