GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    1

HOUSE BILL 776

Short Title:      Adoption Law Changes.		(Public)
Sponsors:	Representatives Jordan, Rogers, Stevens, and Duane Hall (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Judiciary III

April 13, 2017

A BILL TO BE ENTITLED

AN ACT to amend various provisions under the laws governing adoptions.

The General Assembly of North Carolina enacts:

PART I. AFFIDAVITS AS PROOF OF IDENTITY

SECTION 1.1.  G.S. 48‑3‑605 reads as rewritten:

"§ 48‑3‑605.  Execution of consent: procedures.

…

(b)        A parent who has not reached the age of 18 years shall have legal capacity to give consent to adoption and to release that parent's rights in a child, and shall be as fully bound as if the parent had attained 18 years of age. In addition to other methods of identification permitted by Chapter 10B of the General Statutes or other applicable law, a parent who has not reached the age of 18 years may be identified to an individual authorized to administer oaths or take acknowledgements by an affidavit of an adult relative of the minor parent, a teacher, a licensed professional social worker, or a health service provider.

…

(h) In addition to other methods of identification permitted by Chapter 10B of the General Statutes or other applicable law, a parent or adoptee who has not reached the age of 18 years may be identified to an individual authorized to administer oaths or take acknowledgments by an affidavit of an adult relative of the minor, a teacher, a social worker employed by an agency or a county department of social services, a health service provider, or, if none of the foregoing persons to whom the minor does not object is available, an adult who has known the minor for more than two years."

PART II. READOPTION/FOREIGN JURISDICTIONS

SECTION 2.1.  G.S. 48‑2‑205 reads as rewritten:

"§ 48‑2‑205.  Recognition of adoption decrees from other jurisdictions.

A final adoption decree issued by any other state must be recognized in this State. Where a minor child has been previously adopted in a foreign country by a petitioner or petitioners seeking to readopt the child under the laws of North Carolina, the adoption order entered in the foreign country may be accepted in lieu of the consent of the biological parent or parents or the guardian of the child to the readoption. A man and a womanTwo persons who adopted a minor child in a foreign country while married to one another must readopt jointly, regardless of whether they have since divorced. If either does not join in the petition, he or she must be joined as a necessary party as provided in G.S. 1A‑1, Rule 19. If two persons have adopted a minor child in a foreign county while married to one another and one of them has died, then the survivor may petition for readoption, and the court shall issue any decree of adoption in the names of both of the persons who adopted the minor child in a foreign country."

SECTION 2.2.  G.S. 48‑2‑301(c) reads as rewritten:

"(c)      If the individual who files the petition is unmarried, no other individual may join in the petition, except that a man and a womantwo persons who jointly adopted a minor child in a foreign country while married to one another must readopt jointly as provided in G.S. 48‑2‑205.G.S. 48‑2‑205, and the survivor of two persons who jointly adopted a minor child in a foreign country while married to one another may file to readopt in the names of both as provided in G.S. 48‑2‑205."

PART III. NAME DESIGNATION/NEWBORN PLACEMENT

SECTION 3.1.  G.S. 48‑3‑606(3) reads as rewritten:

"§ 48‑3‑606.  Content of consent; mandatory provisions.

A consent required from a minor to be adopted, a parent, or a guardian under G.S. 48‑3‑601 must be in writing and state each of the following:

…

(3)        The date of birth or the expected delivery date, the sex, and the name of the minor to be adopted, if known. A consent to adoption of a newborn minor may give the minor's name as "Baby [Last Name of Biological Mother]" or a similar designation."

SECTION 3.2.  G.S. 48‑3‑703(a)(3) reads as rewritten:

"§ 48‑3‑703.  Content of relinquishment; mandatory provisions.

(a)        A relinquishment executed by a parent or guardian under G.S. 48‑3‑701 must be in writing and state the following:

…

(3)        The date of birth or the expected delivery date, the sex, and the name of the minor, if known. A relinquishment of a newborn minor may give the minor's name as "Baby [Last Name of Biological Mother]" or similar designation."

PART IV. ACQUISITION OF SOCIAL SECURITY NUMBER

SECTION 4.1.  G.S. 48‑3‑607 is amended by adding a new subsection to read:

"(d) A prospective adoptive parent with whom a minor has been placed in an independent adoption and who has filed a petition for adoption of the minor may, after the time within which the consenting parent or guardian may revoke the consent has expired, apply ex parte to a clerk of superior court for an order finding that the child has been placed with the petitioner and confirming that the petitioner has legal and physical custody of the minor for the purposes of obtaining a certified copy of the child's birth certificate, a Social Security number, or federal and State benefits for the minor."

SECTION 4.2.  G.S. 48‑3‑705 is amended by adding a new subsection to read:

"(e) An agency or county department of social services to whom a minor has been relinquished may, after the time within which the relinquishing parent or guardian may revoke the relinquishment has expired, apply ex parte to a clerk of superior court for an order finding that the child has been relinquished to the agency and confirming that the agency or county department of social services has legal custody of the minor for the purposes of obtaining a certified copy of the child's birth certificate, a Social Security number, or federal and State benefits for the minor."

PART V. NOTICE OF SERVICE BY PUBLICATION/PRE‑BIRTH DETERMINATIONS

SECTION 5.1.  G.S. 48‑2‑206(e) reads as rewritten:

"(e)      The manner of service under this section shall be the same as set forth in G.S. 48‑2‑402. If the identity or whereabouts of the biological father cannot be ascertained and the biological father is served by publication, then the 30‑day notice requirements otherwise required by this section shall not apply, and the biological father shall have 40 days from the date of first publication to answer in accordance with this section."

PART VI. PRELIMINARY HEARING/UNKNOWN PARENT

SECTION 6.1.  G.S. 7B‑1105 is amended by adding a new subsection to read:

"(g) No summons shall be required for a parent whose name or identity is unknown and who is served by publication as provided in this section."

PART VII. SERVICE BY PUBLICATION

SECTION 7.1.  G.S. 48‑2‑402(c) reads as rewritten:

"(c)      In an agency placement under Article 3 of this Chapter, the agency or other proper person shall file a petition to terminate the parental rights of an unknown parent or possible parent instead of serving notice under subsection (b) of this section, and the court shall stay any adoption proceeding already filed, except that nothingfiled. However, nothing in this subsection shall require that the agency or other proper person file a petition to terminate the parental rights of (i) any known or possible parent who has been served notice as provided under G.S. 1A‑1, Rule 4(j)(1) of the Rules of Civil Procedure.Procedure, or (ii) if the parent or guardian placing a child for adoption and the adopting parent have each consented to the release of identifying information to the other as permitted by G.S. 48‑9‑109(2), any unknown, known, or possible parent who has been served notice by publication as provided under G.S. 1A‑1, Rule 4(j1) of the Rules of Civil Procedure."

PART VIII. CONSENTING AGENCY/PREPLACEMENT ASSESSMENTS

SECTION 8.1.  G.S. 48‑3‑303(c) is amended by adding a new subdivision to read:

"(c)      The preplacement assessment shall, after a reasonable investigation, report on the following about the individual being assessed:

…

(13) The most recent amended or updated preplacement assessment that meets the requirements of this section and G.S. 48‑3‑301(a), including subsequent amendments or partial updates completed as of the time of delivery, shall constitute the preplacement assessment for the purpose of meeting any requirement of this Chapter that a copy of the preplacement assessment be delivered to a court or a placing parent, guardian, or agency.

When any of the above is not reasonably available, the preplacement assessment shall state why it is unavailable."

PART IX. EFFECTIVE DATE

SECTION 9.1.  This act becomes effective October 1, 2017.