North Carolina Answer by Natural Mother Denying Consent to Adopt or Abandonment and Alleging that Consent not Freely Given

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Multi-State
Control #:
US-00896BG
Format:
Word; 
Rich Text
75 downloads

Description

This form is a generic form answer or response to a complaint or petition to adopt the minor child of Respondent. Respondent denies that she consented to the adoption or abandoned the child.

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FAQ

While the birth father's consent may not be required to complete your adoption, he is entitled to notice of the adoption under North Carolina law. In adoption when the father is unknown, our agency may need to work with an investigator or provide notice by publication in a newspaper to help identify the birth father.

A child or adult can be adopted. But, spouses may not adopt each other. An adult adoptee must consent to the adoption. A child age 12 or older must consent to the adoption unless the petitioner files a motion to waive the requirement for cause and the clerk enters an order to waive the requirement.

It is possible to put a child up for adoption without the father's consent. In the future, however, if the father decides that he wants his child, then this may place an already established adoption in jeopardy. The father at that point may have the right to sue for custody of his child.

You must be at least 18 to become an adoptive parent. You can adopt if you are single, married, divorced or widowed; own or rent; have parenting experience or none at all; already have children in your home or not. Adoptive applicants will be finger printed and have a criminal record check completed.

The applicant has ever been convicted of felony child abuse or neglect; spousal abuse; a crime against children (including child ography); or a crime involving violence, including rape, sexual assault, or homicide but not including other types of physical assault or battery.

All consents must be in writing. A consent is invalid if it is obtained by fraud or duress. The parties to the adoption may also agree, in writing, to set the consent aside. The law generally allows a parent to revoke his or her consent within seven days of signing the original consent.

In fact, North Carolina provides one of the longest revocation periods in the country ? which allows you to take back your adoption consent within a certain time period after you sign away your parental rights. In North Carolina, you have the ability to revoke your adoption consent within seven days of giving it.

If the biological father is unwilling to consent and wishes to fight the adoption, the adopting stepfather and the child's mother must pursue legal proceedings to have the biological father's rights terminated by the court.

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North Carolina Answer by Natural Mother Denying Consent to Adopt or Abandonment and Alleging that Consent not Freely Given