Articles related to G.S. Chapter 48

This blog post builds on my last post: A Guide to Relinquishments and Post-Relinquishment Review Hearings. If you remember, relinquishments involve the voluntary transfer of physical and legal custody of a minor child to an agency (a department of social services (DSS) or licensed private child-placing agency) that accepts the relinquishment for the purposes of the child’s adoption. See G.S. 48-1-101(15); 48-3-705(b). A relinquishment is executed by a parent or by a guardian of the person appointed by the clerk of superior court under a G.S. Chapter 35A proceeding.

What happens when one parent executes a relinquishment but the other parent wants custody of their child? North Carolina statutes are silent; however, case law recognizes that the non-relinquishing parent has rights.

During the 2019 legislative session, various changes were made to the laws impacting adoptions in North Carolina. Last week, the North Carolina General Assembly passed a Joint Resolution (Resolution 2020-1) adjourning the long session of the 2019 Regular Session and designating the start of the short session as April 28, 2020. This post summarizes the amendments impacting adoption proceedings that were made during the long session, all of which are currently in effect.