North Carolina General Statutes 48-2-207. Necessity of consent post-petition
(a) If any individual who is described in N.C. Gen. Stat. § 48-3-601 or entitled to notice under N.C. Gen. Stat. § 48-2-401(c)(3) is served with notice of the filing of the petition in accordance with N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 48-2-401(c)(3) who has been served with notice of the filing of the petition in accordance with N.C. Gen. Stat. § 48-2-402 notifies the court within the time specified in the notice that he believes his consent to the adoption is required.
Terms Used In North Carolina General Statutes 48-2-207
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
(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 N.C. Gen. Stat. § 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. (2005-166, s. 2; 2013-236, s. 3.)