§ 48‑3‑603. Persons whose consent is not required.
(a) Consent to anadoption of a minor is not required of a person or entity whose consent is notrequired under G.S. 48‑3‑601, or:
(1) An individual whoseparental rights and duties have been terminated under Article 11 of Chapter 7Bof the General Statutes or by a court of competent jurisdiction in anotherstate;
(2) A man described inG.S. 48‑3‑601(2), other than an adoptive father, if (i) the man hasbeen judicially determined not to be the father of the minor to be adopted, or(ii) another man has been judicially determined to be the father of the minorto be adopted;
(3) Repealed by SessionLaws 1997‑215, s. 11(a).
(4) An individual whohas relinquished parental rights or guardianship powers, including the right toconsent to adoption, to an agency pursuant to Part 7 of this Article;
(5) A man who is notmarried to the minor's birth mother and who, after the conception of the minor,has executed a notarized statement denying paternity or disclaiming anyinterest in the minor;
(6) A deceased parent orthe personal representative of a deceased parent's estate; or
(7) An individual listedin G.S. 48‑3‑601 who has not executed a consent or a relinquishmentand who fails to respond to a notice of the adoption proceeding within 30 daysafter the service of the notice.
(8) An individualnotified under G.S. 48‑2‑206 who does not respond in a timelymanner or whose consent is not required as determined by the court.
(9) An individual whoseactions resulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3and the conception of the minor to be adopted.
(b) The court may issuean order dispensing with the consent of:
(1) A guardian or anagency that placed the minor upon a finding that the consent is being withheld contraryto the best interest of the minor; or
(2) A minor 12 or moreyears of age upon a finding that it is not in the best interest of the minor torequire the consent. (1949, c. 300; 1957, c. 90; c. 778, ss. 3, 4; 1969, c. 534, s. 1; 1971,c. 1185, s. 17; 1975, c. 321, s. 1; c. 714; 1977, c. 879, ss. 2, 3; 1979, c.107, s. 7; 2nd Sess., c. 1088, s. 1; 1983, c. 292; 1985, c. 758, ss. 5‑9;1987, c. 371, s. 1; 1995, c. 457, s. 2; 1997‑215, ss. 11(a), 17; 1998‑202,s. 13(o); 2004‑128, s. 9.)
§ 48‑3‑603. Persons whose consent is not required.
(a) Consent to anadoption of a minor is not required of a person or entity whose consent is notrequired under G.S. 48‑3‑601, or:
(1) An individual whoseparental rights and duties have been terminated under Article 11 of Chapter 7Bof the General Statutes or by a court of competent jurisdiction in anotherstate;
(2) A man described inG.S. 48‑3‑601(2), other than an adoptive father, if (i) the man hasbeen judicially determined not to be the father of the minor to be adopted, or(ii) another man has been judicially determined to be the father of the minorto be adopted;
(3) Repealed by SessionLaws 1997‑215, s. 11(a).
(4) An individual whohas relinquished parental rights or guardianship powers, including the right toconsent to adoption, to an agency pursuant to Part 7 of this Article;
(5) A man who is notmarried to the minor's birth mother and who, after the conception of the minor,has executed a notarized statement denying paternity or disclaiming anyinterest in the minor;
(6) A deceased parent orthe personal representative of a deceased parent's estate; or
(7) An individual listedin G.S. 48‑3‑601 who has not executed a consent or a relinquishmentand who fails to respond to a notice of the adoption proceeding within 30 daysafter the service of the notice.
(8) An individualnotified under G.S. 48‑2‑206 who does not respond in a timelymanner or whose consent is not required as determined by the court.
(9) An individual whoseactions resulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3and the conception of the minor to be adopted.
(b) The court may issuean order dispensing with the consent of:
(1) A guardian or anagency that placed the minor upon a finding that the consent is being withheld contraryto the best interest of the minor; or
(2) A minor 12 or moreyears of age upon a finding that it is not in the best interest of the minor torequire the consent. (1949, c. 300; 1957, c. 90; c. 778, ss. 3, 4; 1969, c. 534, s. 1; 1971,c. 1185, s. 17; 1975, c. 321, s. 1; c. 714; 1977, c. 879, ss. 2, 3; 1979, c.107, s. 7; 2nd Sess., c. 1088, s. 1; 1983, c. 292; 1985, c. 758, ss. 5‑9;1987, c. 371, s. 1; 1995, c. 457, s. 2; 1997‑215, ss. 11(a), 17; 1998‑202,s. 13(o); 2004‑128, s. 9.)
§ 48‑3‑603. Persons whose consent is not required.
(a) Consent to anadoption of a minor is not required of a person or entity whose consent is notrequired under G.S. 48‑3‑601, or:
(1) An individual whoseparental rights and duties have been terminated under Article 11 of Chapter 7Bof the General Statutes or by a court of competent jurisdiction in anotherstate;
(2) A man described inG.S. 48‑3‑601(2), other than an adoptive father, if (i) the man hasbeen judicially determined not to be the father of the minor to be adopted, or(ii) another man has been judicially determined to be the father of the minorto be adopted;
(3) Repealed by SessionLaws 1997‑215, s. 11(a).
(4) An individual whohas relinquished parental rights or guardianship powers, including the right toconsent to adoption, to an agency pursuant to Part 7 of this Article;
(5) A man who is notmarried to the minor's birth mother and who, after the conception of the minor,has executed a notarized statement denying paternity or disclaiming anyinterest in the minor;
(6) A deceased parent orthe personal representative of a deceased parent's estate; or
(7) An individual listedin G.S. 48‑3‑601 who has not executed a consent or a relinquishmentand who fails to respond to a notice of the adoption proceeding within 30 daysafter the service of the notice.
(8) An individualnotified under G.S. 48‑2‑206 who does not respond in a timelymanner or whose consent is not required as determined by the court.
(9) An individual whoseactions resulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3and the conception of the minor to be adopted.
(b) The court may issuean order dispensing with the consent of:
(1) A guardian or anagency that placed the minor upon a finding that the consent is being withheld contraryto the best interest of the minor; or
(2) A minor 12 or moreyears of age upon a finding that it is not in the best interest of the minor torequire the consent. (1949, c. 300; 1957, c. 90; c. 778, ss. 3, 4; 1969, c. 534, s. 1; 1971,c. 1185, s. 17; 1975, c. 321, s. 1; c. 714; 1977, c. 879, ss. 2, 3; 1979, c.107, s. 7; 2nd Sess., c. 1088, s. 1; 1983, c. 292; 1985, c. 758, ss. 5‑9;1987, c. 371, s. 1; 1995, c. 457, s. 2; 1997‑215, ss. 11(a), 17; 1998‑202,s. 13(o); 2004‑128, s. 9.)
