2009 North Carolina Code
Chapter 48 - Adoptions.
§ 48-2-207. Necessity of consent post-petition.

§ 48‑2‑207.  Necessity of consent post‑petition.

(a)        If any individual described in G.S. 48‑2‑401(c)(3) is served with notice of the filing of the petition in accordance with G.S. 48‑2‑402 and fails to respond within the time specified in the notice, the court, upon motion by the petitioner, shall enter an order under G.S. 48‑3‑603(a)(7) that the individual's consent is not required for the adoption.

(b)        The court shall hold a hearing to take evidence and determine whether an individual's consent to an adoption is required if any of the following:

(1)        Any individual described in G.S. 48‑2‑401(c)(3) who has been served with notice of the filing of the petition in accordance with G.S. 48‑2‑402 notifies the court within the time specified in the notice that he believes his consent to the adoption is required.

(2)        Any individual who has not been served with the notice of the filing of the petition intervenes in the adoption proceeding alleging that his or her consent to the adoption is required.

(c)        If the court determines that the consent of any individual is required, the adoption cannot proceed until such individual's consent is obtained or such individual's parental rights are terminated. If the individual whose consent is required did not have physical custody of the minor immediately prior to the placement of the minor with the prospective adoptive parents, a finding that such individual's consent is required does not entitle such individual to physical custody of the minor.

(d)        If the court determines that the consent of any individual described in G.S. 48‑2‑401(c)(3) is not required, such individual shall not be entitled to receive notice of, or to participate in, further proceedings in the adoption. (2005‑166, s. 2.)