AN ACT TO AMEND THE LAWS APPLICABLE TO ADOPTIONS, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION. Summarized in Daily Bulletin 4/5/11, 4/21/11, and 5/29/12. Enacted June 11, 2012. Effective October 1, 2012.
Bill Summaries: H 637 ADOPTION LAW CHANGES.
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Tracking:
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Bill H 637 (2011-2012)Summary date: Jun 12 2012 - View Summary
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Bill H 637 (2011-2012)Summary date: May 29 2012 - View Summary
Senate committee substitute makes the following changes to 2nd edition. Amends GS 48-2-304(a)(6) to provide that the original petition for adoption must include a description and estimate of the value of any property belonging to the adoptee if the adoptee is a minor or an adult who has been adjudicated incompetent. Amends GS 48-3-205(d) to permit the substitution of reasonably equivalent forms to those provided by the Division of Social Services of DHHS to collect background information for submission to the prospective parent. Amends GS 48-3-303(c)(12) by adding social security numbers to the information that may be redacted from the placement assessment provided to a placing parent or guardian. Amends GS 48-3-602 to provide that if the court determines that proceeding with an adoption is in the best interest of the child where the parent has been adjudicated incompetent and appointed a guardian ad litem, that the court is to order the guardian ad litem of the parent to execute a consent agreement or a relinquishment (was, a consent agreement) for the parent. Makes a technical correction to GS 48-9-109(1). Changes the effective date to October 1, 2012 (was, October 1, 2011).
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Bill H 637 (2011-2012)Summary date: Apr 21 2011 - View Summary
House committee substitute makes the following changes to 1st edition.
Deletes amendments to GS 48-2-607(c), which required that an action brought to set aside certain adoptions be brought within one year. Makes an organizational change to GS 48-3-608(b), which concerns revocation of consent in direct placement circumstances. Repeals GS 48-2-302(a) (previous edition amended the statute), which specifies the filing deadline for certain adoption petitions. Amends GS 48-2-401(a), clarifying that the petitioner must initiate service of notice (rather than serve notice) of a filed petition for adoption on specified persons no later than 30 days after the petition is filed (previous edition deleted the 30 day time period).
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Bill H 637 (2011-2012)Summary date: Apr 5 2011 - View Summary
Amends GS 48-2-607(c) by requiring that an action brought to set aside an adoption by a parent or guardian whose consent or relinquishment was obtained by fraud or duress be brought within one year after the date on which the adoption decree was entered. Amends GS 48-3-608(b) by providing that the replacement assessment that triggers the time limit for revoking consent must have been prepared substantially in conformance with statutory requirements. Amends GS 48-3-303(c)(12) by allowing redaction of income information as well as other specified information from what is provided to a placing parent or guardian. Amends GS 48-2-302(a) by providing that a court may waive as well as extend the 30-day time limit for a petition for adoption. Amends GS 48-2-401(a) by deleting the requirement that notice of filing of an adoption petition be no later than 30 days after the petition is filed. Amends GS 48-3-707(a) by adding a third ground on which a relinquishment will become void if after placement but before entry of the adoption decree the agency, the person relinquishing a minor, and the prospective adoptive parent all agree. Applies to actions filed on or after October 1, 2011.