State Codes and Statutes

Statutes > North-carolina > Chapter_48 > GS_48-1-106

§48‑1‑106.  Legal effect of decree of adoption.

(a)        A decree ofadoption effects a complete substitution of families for all legal purposesafter the entry of the decree.

(b)        A decree ofadoption establishes the relationship of parent and child between eachpetitioner and the individual being adopted. From the date of the signing ofthe decree, the adoptee is entitled to inherit real and personal property by,through, and from the adoptive parents in accordance with the statutes onintestate succession and has the same legal status, including all legal rightsand obligations of any kind whatsoever, as a child born the legitimate child ofthe adoptive parents.

(c)        A decree ofadoption severs the relationship of parent and child between the individualadopted and that individual's biological or previous adoptive parents. Afterthe entry of a decree of adoption, the former parents are relieved of all legalduties and obligations due from them to the adoptee, except that a formerparent's duty to make past‑due payments for child support is notterminated, and the former parents are divested of all rights with respect tothe adoptee.

(d)        Notwithstanding anyother provision of this section, neither an adoption by a stepparent nor areadoption pursuant to G.S. 48‑6‑102 has any effect on therelationship between the child and the parent who is the stepparent's spouse.

(e)        In any deed, grant,will, or other written instrument executed before October 1, 1985, the words"child", "grandchild", "heir", "issue","descendant", or an equivalent, or any other word of like import,shall be held to include any adopted person after the entry of the decree ofadoption, unless a contrary intention plainly appears from the terms of theinstrument, whether the instrument was executed before or after the entry ofthe decree of adoption. The use of the phrase "hereafter born" orsimilar language in any such instrument to establish a class of persons shallnot by itself be sufficient to exclude adoptees from inclusion in the class. Inany deed, grant, will, or other written instrument executed on or after October1, 1985, any reference to a natural person shall include any adopted personafter the entry of the decree of adoption unless the instrument explicitlystates that adopted persons are excluded, whether the instrument was executedbefore or after the entry of the decree of adoption.

(f)         Nothing in thisChapter deprives a biological grandparent of any visitation rights with anadopted minor available under G.S. 50‑13.2(b1), 50‑13.2A, and 50‑13.5(j).(1949, c. 300; 1953, c. 824; 1955, c. 813, s. 5; 1957, c. 778, s. 5;1963, c. 967; 1967, c. 619, s. 5; c. 880, s. 3; 1969, c. 21, ss. 3‑6; c.911, s. 6; 1971, c. 1093, s. 13; c. 1231, s. 1; 1973, c. 849, s. 3; c. 1354, s.5; 1975, c. 91; 1981, c. 657; 1983, c. 30; c. 454, ss. 2, 6; 1985, c. 67, ss. 1‑4;c. 575, s. 1; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c.457, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_48 > GS_48-1-106

§48‑1‑106.  Legal effect of decree of adoption.

(a)        A decree ofadoption effects a complete substitution of families for all legal purposesafter the entry of the decree.

(b)        A decree ofadoption establishes the relationship of parent and child between eachpetitioner and the individual being adopted. From the date of the signing ofthe decree, the adoptee is entitled to inherit real and personal property by,through, and from the adoptive parents in accordance with the statutes onintestate succession and has the same legal status, including all legal rightsand obligations of any kind whatsoever, as a child born the legitimate child ofthe adoptive parents.

(c)        A decree ofadoption severs the relationship of parent and child between the individualadopted and that individual's biological or previous adoptive parents. Afterthe entry of a decree of adoption, the former parents are relieved of all legalduties and obligations due from them to the adoptee, except that a formerparent's duty to make past‑due payments for child support is notterminated, and the former parents are divested of all rights with respect tothe adoptee.

(d)        Notwithstanding anyother provision of this section, neither an adoption by a stepparent nor areadoption pursuant to G.S. 48‑6‑102 has any effect on therelationship between the child and the parent who is the stepparent's spouse.

(e)        In any deed, grant,will, or other written instrument executed before October 1, 1985, the words"child", "grandchild", "heir", "issue","descendant", or an equivalent, or any other word of like import,shall be held to include any adopted person after the entry of the decree ofadoption, unless a contrary intention plainly appears from the terms of theinstrument, whether the instrument was executed before or after the entry ofthe decree of adoption. The use of the phrase "hereafter born" orsimilar language in any such instrument to establish a class of persons shallnot by itself be sufficient to exclude adoptees from inclusion in the class. Inany deed, grant, will, or other written instrument executed on or after October1, 1985, any reference to a natural person shall include any adopted personafter the entry of the decree of adoption unless the instrument explicitlystates that adopted persons are excluded, whether the instrument was executedbefore or after the entry of the decree of adoption.

(f)         Nothing in thisChapter deprives a biological grandparent of any visitation rights with anadopted minor available under G.S. 50‑13.2(b1), 50‑13.2A, and 50‑13.5(j).(1949, c. 300; 1953, c. 824; 1955, c. 813, s. 5; 1957, c. 778, s. 5;1963, c. 967; 1967, c. 619, s. 5; c. 880, s. 3; 1969, c. 21, ss. 3‑6; c.911, s. 6; 1971, c. 1093, s. 13; c. 1231, s. 1; 1973, c. 849, s. 3; c. 1354, s.5; 1975, c. 91; 1981, c. 657; 1983, c. 30; c. 454, ss. 2, 6; 1985, c. 67, ss. 1‑4;c. 575, s. 1; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c.457, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_48 > GS_48-1-106

§48‑1‑106.  Legal effect of decree of adoption.

(a)        A decree ofadoption effects a complete substitution of families for all legal purposesafter the entry of the decree.

(b)        A decree ofadoption establishes the relationship of parent and child between eachpetitioner and the individual being adopted. From the date of the signing ofthe decree, the adoptee is entitled to inherit real and personal property by,through, and from the adoptive parents in accordance with the statutes onintestate succession and has the same legal status, including all legal rightsand obligations of any kind whatsoever, as a child born the legitimate child ofthe adoptive parents.

(c)        A decree ofadoption severs the relationship of parent and child between the individualadopted and that individual's biological or previous adoptive parents. Afterthe entry of a decree of adoption, the former parents are relieved of all legalduties and obligations due from them to the adoptee, except that a formerparent's duty to make past‑due payments for child support is notterminated, and the former parents are divested of all rights with respect tothe adoptee.

(d)        Notwithstanding anyother provision of this section, neither an adoption by a stepparent nor areadoption pursuant to G.S. 48‑6‑102 has any effect on therelationship between the child and the parent who is the stepparent's spouse.

(e)        In any deed, grant,will, or other written instrument executed before October 1, 1985, the words"child", "grandchild", "heir", "issue","descendant", or an equivalent, or any other word of like import,shall be held to include any adopted person after the entry of the decree ofadoption, unless a contrary intention plainly appears from the terms of theinstrument, whether the instrument was executed before or after the entry ofthe decree of adoption. The use of the phrase "hereafter born" orsimilar language in any such instrument to establish a class of persons shallnot by itself be sufficient to exclude adoptees from inclusion in the class. Inany deed, grant, will, or other written instrument executed on or after October1, 1985, any reference to a natural person shall include any adopted personafter the entry of the decree of adoption unless the instrument explicitlystates that adopted persons are excluded, whether the instrument was executedbefore or after the entry of the decree of adoption.

(f)         Nothing in thisChapter deprives a biological grandparent of any visitation rights with anadopted minor available under G.S. 50‑13.2(b1), 50‑13.2A, and 50‑13.5(j).(1949, c. 300; 1953, c. 824; 1955, c. 813, s. 5; 1957, c. 778, s. 5;1963, c. 967; 1967, c. 619, s. 5; c. 880, s. 3; 1969, c. 21, ss. 3‑6; c.911, s. 6; 1971, c. 1093, s. 13; c. 1231, s. 1; 1973, c. 849, s. 3; c. 1354, s.5; 1975, c. 91; 1981, c. 657; 1983, c. 30; c. 454, ss. 2, 6; 1985, c. 67, ss. 1‑4;c. 575, s. 1; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c.457, s. 2.)