Bill Summary for H 776 (2017-2018)

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Summary date: 

Apr 12 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 776 (Public) Filed Tuesday, April 11, 2017
Intro. by Jordan, Rogers.

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Bill summary

Amends GS 48-3-605 (Execution of consent: procedures). Amends the provision authorizing minor parents who have not reached the age of 18 to be identified by an affidavit to additionally apply that provision to adoptees who have not reached the age of 18. Requires a social worker providing the affidavit to be employed by an agency or a county department of social services. Authorizes an affidavit by an adult who has known the minor for more than two years, in the event that no other listed person to whom the minor does not object is available.

Amends GS 48-2-205 (Recognition of adoption decrees from other jurisdictions). Requires two persons (currently, a man and a woman) who adopted a child in a foreign country while married to one another to readopt jointly. Provides for adoption by one person, where two persons adopted a minor child in a foreign country while married to one another and one of them has died.

Amends GS 48-2-301 (Petition for adoption; who may file). Provides that two persons (currently, a man and a woman) who jointly adopted a minor child in a foreign country. Provides for the survivor of two persons who jointly adopted a minor child in a foreign country while married to each other to file to readopt in the names of both persons.

Amends GS 48-3-606 (Content of consent; mandatory provisions) and GS 48-3-703 (Content of relinquishment; mandatory provisions). Authorizes the consent to adoption and relinquishment to designate the minor's name as "Baby [Last Name of Biological Mother]" or a similar designation.

Amends GS 48-3-607 (Consequences of consent) and GS 48-3-705 (Consequences of relinquishment). Authorizes prospective adoptive parents with whom a minor has been placed in an independent adoption and who have filed a petition for adoption of the minor, and agencies or county departments of social services to whom a minor has been relinquished, to apply ex parte to a clerk of superior court for an order finding that the child has been placed with the petitioner and confirming that the petitioner has legal and physical custody of the minor for the purposes of obtaining a certified copy of the child's birth certificate, a Social Security number, or federal and State benefits for the minor, after the time within which the relinquishing parent or guardian may revoke the relinquishment has expired.

Amends GS 48-2-206 (Prebirth determination of right to consent) to provide that if the identity or whereabouts of a biological father cannot be ascertained and the biological father is served by publication, then the 30-day notice requirements otherwise required by this statute do not apply, and the biological father has 40 days from the date of first publication to answer in accordance with this statute.

Makes a conforming change to GS 7B-1105.

Amends GS 48-2-402 (Manner of service). Provides that the statute does not require an agency or other proper person to file a petition to terminate the parental rights of unknown, known, or possible parents who have been notified by publication, when the parent or guardian placing a child for adoption and the adopting parent have consented to the release of identifying information under GS 48-9-109(2).

Amends GS 48-3-303 (Content and timing of preplacement assessment). Provides that the most recent amended or updated preplacement assessment that meets the requirements of this statute and GS 48-3-301 constitutes the preplacement assessment for the purpose of meeting any requirement of GS Chapter 48 that a copy of the preplacement assessment be delivered to a court or a placing parent, guardian, or agency.

Effective October 1, 2017.