(a) Within 14 days from the date of the safe surrender of an infant, the director shall provide notice by publication as specified in subsection (b) of this section that an infant has been surrendered and taken into custody by the department of social services.

(b) The notice shall be published in a newspaper qualified for legal advertising in accordance with N.C. Gen. Stat. § 1-597 and N.C. Gen. Stat. § 1-598 and published in the county in which the surrender was made and in any other county that the director has reason to believe either parent may be residing. The publication shall be once a week for three successive weeks. The notice shall state each of the following:

(1) The infant was surrendered by a person claiming to be the infant’s mother or father who did not express an intent to return for the infant and that the infant was surrendered to an individual pursuant to N.C. Gen. Stat. § 7B-521 by specifying (i) the profession of the individual authorized to accept the surrendered infant, (ii) the name and location of the facility at which the infant was surrendered, and (iii) the date of surrender.

Terms Used In North Carolina General Statutes 7B-526

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Dependent: A person dependent for support upon another.
  • 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
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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 physical characteristics of the infant at the time of surrender.

(3) The infant is now in the physical and legal custody of the department of social services in the county where the infant was surrendered.

(4) The surrendering mother or father has the right to request the infant’s return to their custody by contacting the department of social services in the county that the infant was surrendered before the department initiates an action to terminate their parental rights in district court. If the surrendering parent seeks to regain custody of the infant from the department of social services, the director shall treat the infant as a juvenile who has been reported as a neglected juvenile and requires that the director conduct an assessment, at which point, the surrendering parent’s rights to have his or her identity be confidential no longer apply.

(5) The department is making efforts to identify, locate, and contact the non-surrendering parent. The non-surrendering parent has the right to contact the department of social services to inquire about and seek custody of the infant. The department may place the infant with the non-surrendering parent, terminating the department’s custodial rights to the infant, when that parent’s identity and location are known and there is no cause to suspect the infant is an abused, neglected, or dependent juvenile due to circumstances created by the non-surrendering parent.

(6) Each parent has the right to contact the department of social services in the county where the infant was surrendered.

(7) If neither parent seeks the infant’s custody from the department of social services or executes a relinquishment for adoption within 60 days of the date of the surrender, which shall be stated clearly on the notice, the department will initiate a court action to terminate both parents’ parental rights. Unless the court orders otherwise, the notice of the petition to terminate parental rights will be published in the same newspaper with the court name “In re Baby Doe.”

(8) How to contact the department of social services about the safely surrendered infant and the parents’ rights.

(c) If a termination of parental rights for the safely surrendered infant is commenced, an affidavit of the publisher of the notice by this section shall be filed with the court at the preliminary hearing required by N.C. Gen. Stat. § 7B-1105.1 (2023-14, s. 6.2(a).)

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