Termination of rights and adoption


#1

I don’t even know how to start this. Every attorney I speak to through my EAP says it’s easy to do, but can’t really explain how to do it. My 13 year old son’s biological father wants his rights terminated. He has not voluntarily paid child support in many years (only when he has to show up to court every six months and pay $100 or so to keep out of jail), has not spoken to our son in 1 1/2 years, before that it was only yearly on his birthday, hasn’t seen him in 7 years. My son wants to be adopted by my husband, the only real dad he’s known for 9 years. My husband want to adopt him. Seems it should be easy to do. I’m in Mecklenburg county and can’t figure out which forms need to be filled out. Any idea’s? Thanks!!


#2

A parent cannot have their own parental rights terminated but one parent can file a petition to have the other parent’s parental rights terminated.

There are no pre-printed forms for the petition to terminate parental rights. This is something that you or your attorney would draft. Filed along with the petition must be a summons for termination of parental rights and a notice of termination of parental rights. The summons and notice are pre-printed forms found at www.nccourts.org.


#3

Thank you for your response. Can my husband file for adoption at the same time? My son is 13, so I was told there is a form he has to sign?


#4

Yes, an adoption proceeding can be filed at the same time as a termination of parental rights petition.

Yes, a minor age 12 or older must execute consent to the adoption.