How To In North Carolina, you can adopt an adult child.
An adult can be adopted to provide them with support, love, and help.Legal benefits can be given to the adult adoptee when they are adopted.An adopted adult will inherit from you when you die.Should an adult adoptee ever need your help, you will be able to make medical decisions.If you want to adopt an adult in North Carolina, you need to file your paperwork with the court.
Step 1: Decide if an adult adoption is right for you.
It can be a good idea to adopt an adult.If you were the foster parent of the adult while he or she was growing up, you should consider an adult adoption.It is possible that the child did not want to be adopted earlier in life so he or she could receive foster care benefits.Legal recognition and formalization of a longstanding parent-child relationship is what you want.Want to give the adult inheritance rights.The adult needs a parent who can act as a medical contact and make medical decisions.Feel as though the adult needs support throughout their life.
Step 2: Hire a lawyer.
If you want to adopt an adult in North Carolina, you need to file a petition with your local court and attend a formal hearing.While the process is relatively straightforward, the use of a lawyer can help you understand the legal ramifications of going through with the adoption.A lawyer will help you fill out your forms.Failure to do this could cause your adoption to be delayed.If you don't want to hire a lawyer for the entire adoption process, consider consulting one to get an idea of the process and requirements.A lot of lawyers will give you a free consultation.The North Carolina State Bar Lawyer Referral Service can help you find a good family law attorney.After answering a few questions about your legal issue, you will be put in contact with family law lawyers in your area.
Step 3: There are adult adoption laws in North Carolina.
Adoption of adults is allowed in North Carolina.If your spouse is an adult, that adult cannot be adopted.As well as other interested parties, an adult must consent to the adoption.The person you are adopting must have lived in North Carolina for at least six months preceding the petition.
Step 4: Contact your local court to get required forms.
Visit your local courthouse and get an adult adoption packet if you meet the requirements.You can petition the court, get consent, and finalize the adoption with the help of a set of forms.If you don't have an entire packet, court employees should be able to point you in the right direction.In North Carolina, adult adoptions are conducted in the General Court of Justice, District Court Division.
Step 5: An adoption petition can be drafted.
The form for your adoption petition should be filled out.The court document that starts the legal proceedings is the petition.The petition will start with a caption that identifies the county you are filing in.If applicable, you are the one asking for the adoption, along with your spouse.A promise that you or the adoptee have lived in North Carolina for six consecutive months immediately preceding the petition is also required.
Step 6: Obtain the consent of the adult.
Adult adoptees in North Carolina must consent to the adoption being valid.The consent must be in writing and signed by a person who is not a lawyer.The adoptee understands that he or she will take on a parent child relationship with you.It must state that the adoptee understands that he or she may be losing inheritance rights from certain individuals.You can give a consent form to the person you want to adopt.
Step 7: Get your spouse's approval.
The spouse of the stepparent must also consent to the adoption.The consent must be in writing and signed by a person who is not a lawyer.A statement that the spouse understands that he or she might have a diminished inheritance after the adoption is finalized is required by the consent.The spouse needs to indicate that the adoption is in your best interest as well as that of the adult adoptee.You can give a form to your spouse.
Step 8: A guardian's consent is needed.
If the adult being adopted has been determined to be incompetent, the guardian must consent to the adoption.The consent must be in writing and signed by a person who is not a lawyer.The guardian needs to say that he or she understands that the adoption will affect the rights of the adoptee and that it is in the best interest of them.There is no form for the guardian.Inform the guardian of the requirements and let them return a consent form for you.
Step 9: Attaches to be gathered.
Attaching the adoptee's certified birth certificate to the rest of your court paperwork may be required by your county.The original birth certificate must be attached with a translation if the person is from another country.A written statement telling the court why you want to adopt the adult may be required by some courts.You will have to do this during your court hearing if you don't do it in writing.
Step 10: The clerk of court will accept your paperwork.
Take all of your paperwork to the clerk of court.The court employee will start the adoption process.You have to give the clerk your original copies of everything when you file.You need to make multiple copies of everything for your records.When you file your paperwork, it will be stamped as "filed" and you will get your copies back.The courthouse is the one in the county where you live.If you don't file with the correct court, your adoption may be delayed.
Step 11: The filing fee needs to be paid.
You will have to pay a filing fee when you file your paperwork.The filing fee varies from county to county.You can ask the court to waive the filing fee if you can't afford it.If you can show that you don't have the money to make the payment, the court will grant you a waiver.
Step 12: Comply with the law.
Notices of your filing on certain people must be served within 30 days.Any person who is required to give consent must be notified in an adult adoption.
Step 13: There is proof of service forms to be filed.
Hire someone over the age of 18 who is unrelated to the case when you serve people.Copies of your court filing will be delivered to each individual by mail or hand.The server will fill out a proof of service form once the service has been completed.The forms must be filed with the court.
Step 14: Help the court with their investigation.
If the adult adoptee is incompetent, the court will appoint a guardian ad litem, which is a court employee responsible for taking the adoptee's best interests into consideration.The GAL will investigate the adoption and report their findings to the court.During the investigation, the GAL may visit you, inspect your home, and conduct interviews with friends and family.Help the GAL in any way you can to make a positive report.Negative reports can affect your ability to finalize the adoption.
Step 15: Fees and expenses can be disclosed in an affidavit.
At least 10 days before the final adoption decree is signed, you have to give the court information about your payments.You can fill out the form, sign it, and file it with the court before your hearing.You will be asked to include the amount of each payment, the recipient, and a description of the payment.
Step 16: Attend the hearing.
Arrive to the courthouse early for your adoption hearing.Give yourself time to find parking, get through security, and get into the courtroom.Interested parties will also attend the hearing.When your case is called, go to the front of the courtroom and wait for the proceedings to start.All interested parties are at the hearing and have an opportunity to speak, the adoptee is over the age of 18 and all other required consents have been obtained.
Step 17: The court can sign the decree.
The judge will make a decision after the hearing is over.The judge's ruling is final if he or she grants the adoption.Obtain a copy of the adoption decree before the hearing starts.Take the original copy to your hearing.When the hearing is over, give the decree to the judge.The person will sign the bottom of it.Copies of your records will be made by the clerk of court.
Step 18: The birth certificate should be changed.
When the judge signs the adoption decree, he or she will also sign a vital records request.The state is asked to make a new and updated version of the adoptee's birth certificate.If you want to submit it with the adoption decree, fill out Form DSS-5167.You can provide the court with the adoptee's name if you want it on the new birth certificate.Your personal information will be put on the new birth certificate.
Step 19: Don't deal with problems.
The adoption process will go smoothly if you get the consent of all the necessary parties.If this is the case, the court will grant the adoption if it is found to be in the best interest of the adult adoptee and you meet all the requirements.Someone might oppose the adoption.In adult adoptions, the only parties that need to consent are the adult adoptee and your spouse.You won't have a chance if the adult is against the adoption.Your hearing will be contentious if your spouse is against the adoption.You will have to convince the judge that the adoption should be granted despite your spouse's opposition.If the judge can find cause to waive the consent requirement, he or she will grant the adoption.This happens when spouses are separated.