Second Parent Adoption
Schedule a Consultation TodaySecond Parent Adoption
A second-parent adoption allows a person, a “second parent,” to adopt a child without the “first parent” losing any parental rights. In some states, this process can be done whether they are married to the other parent or not.
Although North Carolina has allowed for same-sex marriage since 2014, North Carolina does not yet allow second parent adoptions. North Carolina does not permit two unmarried people to adopt a child together.
What this means, practically, is that a same-sex couple must be married for the “second parent” to adopt the biological child of their spouse as a stepparent.
Adopting Your Spouse’s Child
As a same-sex couple, if your spouse has a child, your marriage does not automatically grant you parental rights to your spouse’s child. That is true even if your spouse gives birth to that child.
Adoption as a stepparent is the best option for couples where one spouse is a parent and they want the other spouse to have the same parental rights to the child. Creating a legal relationship establishes enforceable parental rights for the stepparent, and it also protects the child’s right to a relationship with the stepparent in the event of a divorce or the death of the other biological parent.
When a child has not been adopted by a stepparent, the stepparent has only very limited legal authority, and you may run into some of the following issues:
- You may not have custody or visitation rights in the event of a divorce
- Your child has no protection from being taken away if the biological parent dies or is unable to perform their parental duties
North Carolina law requires that a couple be married for at least six months prior to the adoption before you can adopt your stepchild. If you lived together prior to getting married, that time will not count towards this requirement. There are exceptions to this rule.
After filing the petition, there are steps designed to ensure that the adoption is in the best interest of the child. These include the following:
- Criminal Background Check
- If the child is age 12 or older, the child must consent to the adoption
- Home Visits or Post-Placement Visits
- Report to the Court
The adoption process is complex and can vary depending on your situation. It’s critical to have an experienced adoption attorney on your side to help you navigate the process.
Experience on Your Side
Bobby Mills has over 30 years’ experience in adoptions in North Carolina and can help you with your adoption. adoption. If you are a member of a non-traditional family and wish to adopt your partner’s child or have your partner adopt your child, please call us today at (919) 533-4025 to set up a consultation.
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Call (919) 306-2899 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Why Choose Mills Adoption Law?
- Experience–Attorney Bobby Mills has over 35 years of experience representing birth parents, adoptive parents, and foster parents through all aspects of adoption and parental rights.
- Adoption Specialist–Other firms include adoption and parental rights as part of their larger family law practice areas. At Mills Adoption Law, we focus exclusively on adoption, parental rights, and foster parent rights.
- Board-Certified–Attorney Bobby Mills is a Fellow of the American Academy of Adoption & Assisted Reproductive Attorneys, certified by the board as a specialist in family law, and the former director of a child placement agency.
- Agency Attorney–At Mills Adoption Law, we also represent child placement agencies and their clients.
Want to Schedule a Consultation?
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Frequently Asked Questions
Professional Associations
Why Should You Choose An Adoption Attorney?
An adoption attorney will:
Provide
We will provide an unbiased explanation of adoption procedures and develop a legally secure plan tailored to your needs.
Assess
We will assess the risks involved, including determining what payments are permissible and ensuring that birth parents are treated fairly and their rights are legally terminated before placement is finalized.
Clarify
We will clarify your options, if any, for post-placement arrangements with birth parents, making sure your interests and those of the child are served.
Explain
We will explain your rights and adoption laws in your state or refer you to attorneys who practice in other states or internationally.
Review
We will review and negotiate the adoption agency contract to protect your interests.
You Should...
Contact
You should contact an attorney as early as possible in the decision-making process.
Learn
Learn about the specific types of adoption services the attorney provides. Ask what percentage of the practice is dedicated to adoption and how many adoption proceedings the attorney has handled.
Choose
Choose an attorney who is experienced in the type of adoption you are considering.
Know
Know what the attorney charges, how fees are structured and that you can afford the services.
Ask
Ask questions, request references, share your concerns and provide the attorney with all relevant documents. Ask for a written retainer agreement that outlines what the attorney charges, how fees are structured and other details regarding fees and fee payment.
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Real Clients, Real Testimonials
Mr. Mill is a very experienced professional lawyer and he is also very patient and kind in giving his advice. 5 stars!
0 reviews • 0 photos
I would highly recommend Bobby for your Adult Adoption.
He’s kind, considerate, and very knowledgeable about the adult adoption process.
Reflecting back, the process was pretty seamless and his pricing was very reasonable.
He was always quick to respond to any questions I had. I dealt directly with Bobby. Not an assistant.
The entire process only lasted several months.
Thank you so much!!
Local Guide • 24 reviews • 54 photos
My family used Mr. Mills for our adoption process and could not be more pleased. He was incredibly knowledgeable, professional, and responsive. He was always available and answered every question we had throughout. There were many layers to our adoption situation and process, and Mr. Mills was able to navigate it all without incident. The local DSS representative that we worked with in our county commented that in all of her years working with adoptions she had never seen such a thorough packet of information. Mr. Mills and staff, thank you for what you did for our family. It is absolutely wonderful to be a dad!
4 reviews • 0 photos
I had a very good experience in my adoption process, my confidence in Bobby Mills and his group, was completely justified. I am so glad I found his services as a professional lawyer and felt he did above my expectations! The process was walked through step by step with results we could see the end coming closer in sight each meeting. He was prompt and courteous and answered questions I had. Definitely would use his services again!!
Adoption is one of the most meaningful — and sometimes complicated — journeys a family can take. What began as a simple interstate adoption quickly became the most “unusual” and complicated case lasting 15 months. From the initial consultation, Bobby handled every turn with compassion, clarity, and unwavering ease.
He was consistently available to answer questions, explain the process in a way that felt approachable, and offer steady, thoughtful guidance when it was needed most. His knowledge of adoption law — gave me so much peace of mind during an uncertain time. His recommendations for post-placement services and trusted colleagues were also wonderful, providing the support needed well beyond the courtroom.
Thanks to Bobby’s expertise and heart, my family’s story found its way home. I’ll always be grateful for the steadiness and kindness he brought to this life-changing story.
If you’re in search of an adoption attorney who’s both highly skilled and deeply kind, I couldn’t recommend Mills Adoption Law more.
We can’t recommend Mills Law Firm enough! Going through the adoption process can be daunting and emotional, but Bobby was there for us every step of the way. From our very first consultation, he made us feel welcome and informed.
Throughout the process Bobby was able to able to answer all questions clearly and patiently and guided us step by step through the complex legal paperwork. He was always incredibly responsive to our calls and kept us updated on the progress of our case throughout the entire process.
Thanks to Bobby’s help, our adoption was finalized smoothly, and we owe a huge debt of gratitude to him for helping us with this process.
If you’re considering adoption, we strongly recommend that you contact Mills Law Firm. Bobby’s expertise, communication, and support will make a world of difference in your adoption journey. We are so grateful for everything he did for us!
Bobby Mills is absolutely fantastic! I 100% recommend him for anyone trying to adopt! He’s very quick and made even the stressful moments of our adoption journey a lot less difficult! I am beyond grateful for this man and I do not regret the decision on choosing him as my lawyer! Thanks Bobby for everything! From: The Williams Family
I had a wonderful experience in every way possible! Everything was explained in detail of what could or would happen if situation went every way. I would definitely recommend Bobby & The Mills Adoption Law Team to handle your case! Bobby is very knowledgeable,smart, & a straightforward man. We didn’t need to come into the office much. They made it feel easy. Thank you!
I had a very delicate case with the hopes of a very impossible outcome but Bobby was always very honest. Always told me the cons and pros of every move we decided to take. And something that was nearly impossible he made it a reality with his wisdom. There are no words to explain the gratitude I feel towards him. He is extremely knowledgeable and has a network of attorneys to seek if he ever needs assistance. He personally picks up your calls & replies black to every email!! I am so blessed I found him. I will forever be in his debt. THANK YOU BOBBY!!
Bobby’s experience and vast connections with people all over the state of North Carolina was very helpful in making our adoption as smooth as possible. Even though our adoption happened in a town a couple of hours away from Bobby’s office he happened to know a social worker who lived in that town that helped us get through the process when we had questions that popped up. I felt that he always had our interests in mind and answered my texts and emails promptly. We actually recommended Bobby to our friends who are adopting in North Carolina as well. Highly recommend!