Adult Adoptions in North Carolina

By Christopher Adkins

In North Carolina, under NCGS 48-5-101, any adult may adopt another adult, but spouses may not adopt each other. Adult adoption may be for a number of reasons including a transfer of inheritance rights, the recognition of a close relationship, or the potential benefits the adoptee may qualify for (ex. medical insurance, immigration status). North Carolina defines an adult as an individual who is 18 years of age, or if under 18 years of age, is either married, or has been legally emancipated.

To petition for an adult adoption in North Carolina, the parties must file the following paperwork:

• Petition for Adult Adoption (DSS-5163) (with any required attachments)
• Consent to Adoption by Adult Adoptee (DSS-5164)
• Consent to Adoption by Spouse of Petitioner (DSS-5165) (required when the adult’s stepparent is the petitioner) – this may be waived for cause.
• Consent to adoption by guardian of incompetent adult adoptee (if applicable)
• Proof of Service of Notice by Petitioner to required persons listed under NCGS 48-2-401. This includes any adult children of the prospective adoptive parent and any parent, spouse, or adult child of the adoptee. Certified copies of written waivers may be submitted as well. If necessary and for cause, the requirement of notice to the adoptee’s parent may be waived.
• An affidavit accounting for any payments or disbursements made or agreed to be made by petitioner in connection with adoption (DSS-5191). This must be filed at least 10 days before the entry of the final decree, and must include the amount of each payment or disbursement and the name and address of each recipient.
• Decree of Adult Adoption (DSS-5166)
• Report to Vital Records for Adult Adoption (DSS-5167)

Additionally, NCGS 48-2-605 requires that the adoptive parent and adoptee both appear in person, unless the court waives this requirement for cause. If the appearance is waived, an attorney (with written authorization) must appear for either or both parties. At least 30 days must have elapsed from the filing of the adoption petition (unless waived by the clerk), but notice of the petition must have been served on all necessary persons.

If you are interested in an adult adoption and need to speak with an adoption attorney, contact Adkins Law. Adkins Law has locations in Huntersville and Ballantyne, and primarily serves Mecklenburg County, Charlotte, and the Lake Norman area.