Attorney for LGBTQ+ Adoption North Carolina

Same Sex Married Couples Can Adopt Using the Same Processes as Heterosexual Couples

Since 2014, gay partners have been allowed to marry in North Carolina and North Carolina recognizes marriages granted in other states. That means gay couples can adopt jointly in North Carolina following the same standards as heterosexual couples.

In the same right, a single individual is permitted to adopt in North Carolina, while being subject to the same requirements as married couples, regardless of sexuality.

Open vs Closed Adoptions

Open adoptions are the current most common form of adoption in America, they can have varying degrees of contact. The amount and form of communication is determined by the adoption agreement that is created at the beginning of the process. Some common ways that we often see adoptive families and birth families interact after an open adoption include:

• Exchanging letters and pictures directly
• Occasional visits between the two families
• Staying in touch via social media (Facebook, etc)

In closed adoptions, the parties do not share full names. The mother does not receive a copy of the adoptive parents’ home study. The parties do not have an opportunity to communicate.
There are a couple of disadvantages to a closed adoption, such as:

• These limitations on the freedom to communicate can cause an issue if the child encounters any medical problems down the road, or if they have any questions as they get older about their birth parents and family.
• Most birth mothers prefer an open adoption. Your options will be limited by choosing a closed adoption.
• A closed adoption is difficult to reverse. Many times, at some point in the future, you or your child may want to establish a relationship with the birth parents. With a closed adoption, this is nearly impossible.

Semi-Open Adoption

When an open adoption makes you nervous, but a closed adoption seems too restrictive; there is a third option. Semi-open Adoption. This is when adoptive and birth parents communicate through an intermediary; generally an adoption specialist.

Adopting Independently

You can adopt independently if you work directly with a biological parent, you work to provide the court with the paperwork that they need in order to evaluate and approve the adoption. There are some risks involved with direct adoption. It’s important to evaluate your case with our North Carolina adoption attorneys in order to identify potential problems and ensure that there are no problems that could derail the case and cause heartache.

Adopting Through an Agency

You may instead work through an adoption agency to identify a child that’s available for adoption. The adoption agency gathers information about you. They also gather information about children waiting for adoption. Then, they work to match families. An adoption agency can help you gather the paperwork that you need to submit to the court. An experienced adoption attorney can help you with legal paperwork, and they can help you evaluate the case in order to ensure that your case is successful the first time.

Completing the Mandatory Home Study

North Carolina requires prospective adoptive parents (aside from most step-parent adoptions) to have a home study done before adoption. The home study involves multiple visits to your home. The evaluator gathers information about your family history, your health history and the current makeup of your family. The evaluator talks to each family member about their feelings surrounding the adoption. The home study evaluator writes a report and sends it to the court for the court’s review.If you use an adoption agency for your adoption, they can help you arrange for an appropriate individual to conduct the home study. You must use an approved person or agency. If you adopt independently or if you use an agency, a North Carolina adoption attorney can help you find the appropriate evaluator. They can also help you review the evaluator’s recommendation. If you disagree with any information in the report, your attorney can help you determine how to address the inaccuracies.

Helping You Adopt the Right Way

When you file for adoption, it’s important to have the appropriate consents from biological parents. You must either have the permission of both parents, or you must have grounds to terminate the rights of a parent. You must provide each parent with notice of the proceedings.

If one parent doesn’t agree to the adoption, you must prove that the parent is unfit to parent under North Carolina law. The standard to win termination of a biological parent’s rights is very high. Our adoption attorneys in North Carolina can help you determine if your case is likely to be successful

Second Parent vs. Step-Parent Adoptions

Second-parent adoption is not available in North Carolina. A single person cannot adopt another person’s child without terminating that person’s parental rights. Two single individuals cannot adopt a child together in North Carolina.

Step-Parent adoption is available to couples that have been married for at least 6 months, and wish to give the spouse of the biological parent legal rights to the child. These rights can include legal decision making and the right to a relationship with the child in the event of a divorce or the death of the biological parent.

North Carolina does not allow unmarried individuals to adopt together, regardless of their sexual orientation. If two individuals want to adopt jointly, they must be married. Like other couples, same-sex couples who meet the time requirement, but who have been married for less than two years, may be required to have two postplacement visits and reports before adoption is granted

Actual Words our clients have said about us

“exceedingly professional, patient and helpful throughout our working with him,” “made sure we were able to do what we set out to accomplish without any hiccups,” “Mr. Mills went above and beyond to make sure it happened as quickly as it could and in a very positive way,” “I would recommend using Mr. Mills and Mills Adoption Law for anyone who needs help with adoption,” “Got more honest and good information out of Bobby Mills in 15 minutes than anyone else I talked to,” “Mr. Mills has been a wonderful attorney to work with during our interstate adoption in North Carolina,” “He is very accessible,” “Any time we had any questions he answered them immediately,” “His experience is very valuable in what could be an overwhelming process on your own,” “I felt that he always had our interests in mind and answered my texts and emails promptly,” “Bobby Mills has been with us every step of the way with our independent interstate adoption; a confusing and lengthy process that was always made easier with the help of him and his firm,” “I don’t know how my family would have made it through the adoption of our son without his guidance, help, and support.”

Adoptive Situations We Help You With

• Adoptions across state lines (ICPC Interstate Compact)
• Independent, Private, Direct Adoption
• LGBTQ+

Our Location

We help build families locally in Raleigh and the surrounding areas. Clients come to us from Apex, Cary, Fayetteville, Durham, Glenwood, Five Points, Six Forks, Wade, North Raleigh, NW Raleigh, Wake County, and all of North Carolina.

What To Do Now:

We welcome your questions and want to understand your situation to help you move forward and achieve the peace of mind that comes with having everything done properly and efficiently. Don’t let everything you’ve worked for just slip away due to a lack of proper planning. Invest the time now to learn your options by speaking with us and making the choices that best protect your interests. Call us for one-on-one assistance at (919) 306-2899 with your questions and a description of your situation, or schedule a consultation. You may also simply fill out the form above on this page. Your form will be directly emailed to our office. You can expect a reply within 1 business day and often within hours of the same day. All information is confidential.