North Carolina General Statutes 48-5-102. Consent to adoption
(a) Consent to the adoption of an adult is required only of:
(1) The adult being adopted; and
Terms Used In North Carolina General Statutes 48-5-102
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Intestate: Dying without leaving a will.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The spouse of the petitioner in an adoption by the adult’s stepparent, unless the court waives this requirement for cause.
(b) The consent of the adult being adopted must:
(1) Be in writing and be signed and acknowledged before an individual authorized to administer oaths or take acknowledgments;
(2) State that the adult agrees to assume toward the adoptive parent the legal relation of parent and child and to have all of the rights and be subject to all of the duties of that relationship; and
(3) State that the adult understands the consequences the adoption may have for rights of inheritance, property, or support, including the loss of nonvested inheritance rights which existed prior to the adoption and the acquisition of new inheritance rights.
(c) The consent of the spouse of the petitioner in a stepparent adoption:
(1) Must be in writing and be signed and acknowledged before an individual authorized to administer oaths or take acknowledgments; and
(2) Must state that the spouse:
a. Consents to the proposed adoption;
b. Understands that the adoption may diminish the amount the spouse might take from the petitioner through intestate succession or by dissenting to the petitioner’s will and may also diminish the amount of other entitlements that may become due the spouse and any other children of the petitioner through the petitioner; and
c. Believes the adoption will be in the best interest of the adult being adopted and the prospective adoptive parent.
(d) Anyone who gives a consent under this Article may revoke the consent at any time before the entry of the decree of adoption by delivering a written notice of revocation to the individual to whom the consent was given. If a petition to adopt has been filed, the notice of revocation shall also be filed with the clerk of court in the county where the petition is pending. (1967, c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971, c. 1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981, c. 657; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 457, s. 2.)