North Carolina Relinquishment, Consent, Revocation laws

Who Must Consent:

• The mother.
  
• A man who was married to the mother or has legitimated the child.
  
• A guardian.
  
• The agency that placed the child for adoption.
  
• The guardian ad litem of an incompetent parent.
  
  
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Consent of Adoptee:

A child 12 years or older must consent to the adoption unless the court finds that it is not in the child's best interest to require consent.

When Parental Consent is Not Needed:

• The parent fails to respond to notice.
  
• A putative father cannot establish parental rights.
  
• Rights have been terminated or relinquished.
  
• A man denies paternity.
  
  

When Relinquishment Can Be Signed:

• A man may consent any time before or after child's birth.
  
• A mother may only consent after the child's birth.
  
• An agency with custody shall execute its consent no later than 30 days after being served notice of a proceeding for adoption.
  
  

How Relinquishment Must Be Signed:

Must be signed and executed under oath before an authorized individual, stating that consent was voluntary and stating the legal consequences of the consent.

Time for Revocation:

• Is generally final and irrevocable.
  
• Consent to an infant in utero or younger than 3 months may be revoked within 21 days.
  
• Consent to the adoption of any other minor may be revoked within 7 days.
  
• May be revoked if there is fraud, duress or mutual agreement.
  
• If a parent revokes a consent, and later consents again, the 2nd consent is irrevocable.
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.