State Codes and Statutes

Statutes > North-carolina > Chapter_48 > GS_48-2-402

§ 48‑2‑402. Manner of service.

(a)        Service of thenotice required under G.S. 48‑2‑401 must be made as provided byG.S. 1A‑1, Rule 4, for service of process.

(b)        In the event thatthe identity of a biological or possible biological parent cannot be ascertainedand notice is required, the parent or possible parent shall be served bypublication pursuant to G.S. 1A‑1, Rule 4 (j1). The time for responseshall be the time provided in the rule. The words "In re Doe" may besubstituted for the title of the action in the notice as long as the noticecontains the correct docket number. The notice shall be directed to "theunknown father [or mother] of" the adoptee, and the adoptee shall bedescribed by sex, date of birth, and place of birth. The notice shall containany information known to the petitioner that would allow an unknown parent orpossible parent to identify himself or herself as the individual beingaddressed, such as the approximate date and place of conception, any name bywhich the other biological parent was known to the unknown parent or possibleparent, and any fact about the unknown parent or possible parent known to orbelieved by the other biological parent. The notice shall also state that anyparental rights the unknown parent or possible parent may have will beterminated upon entry of the order of adoption.

(c)        In an agencyplacement under Article 3 of this Chapter, the agency or other proper personshall file a petition to terminate the parental rights of an unknown parent orpossible parent instead of serving notice under subsection (b) of this section,and the court shall stay any adoption proceeding already filed, except thatnothing in this subsection shall require that the agency or other proper personfile a petition to terminate the parental rights of any known or possibleparent who has been served notice as provided under G.S. 1A‑1, Rule4(j)(1) of the Rules of Civil Procedure. (1949, c. 300; 1957, c. 778, s. 5; 1969, c. 911, s. 6;1971, c. 1093, s. 13; 1973, c. 1354, s. 5; 1983, c. 30; c. 454, ss. 2, 6; 1995,c. 457, s. 2; 2001‑150, s. 4.)

State Codes and Statutes

Statutes > North-carolina > Chapter_48 > GS_48-2-402

§ 48‑2‑402. Manner of service.

(a)        Service of thenotice required under G.S. 48‑2‑401 must be made as provided byG.S. 1A‑1, Rule 4, for service of process.

(b)        In the event thatthe identity of a biological or possible biological parent cannot be ascertainedand notice is required, the parent or possible parent shall be served bypublication pursuant to G.S. 1A‑1, Rule 4 (j1). The time for responseshall be the time provided in the rule. The words "In re Doe" may besubstituted for the title of the action in the notice as long as the noticecontains the correct docket number. The notice shall be directed to "theunknown father [or mother] of" the adoptee, and the adoptee shall bedescribed by sex, date of birth, and place of birth. The notice shall containany information known to the petitioner that would allow an unknown parent orpossible parent to identify himself or herself as the individual beingaddressed, such as the approximate date and place of conception, any name bywhich the other biological parent was known to the unknown parent or possibleparent, and any fact about the unknown parent or possible parent known to orbelieved by the other biological parent. The notice shall also state that anyparental rights the unknown parent or possible parent may have will beterminated upon entry of the order of adoption.

(c)        In an agencyplacement under Article 3 of this Chapter, the agency or other proper personshall file a petition to terminate the parental rights of an unknown parent orpossible parent instead of serving notice under subsection (b) of this section,and the court shall stay any adoption proceeding already filed, except thatnothing in this subsection shall require that the agency or other proper personfile a petition to terminate the parental rights of any known or possibleparent who has been served notice as provided under G.S. 1A‑1, Rule4(j)(1) of the Rules of Civil Procedure. (1949, c. 300; 1957, c. 778, s. 5; 1969, c. 911, s. 6;1971, c. 1093, s. 13; 1973, c. 1354, s. 5; 1983, c. 30; c. 454, ss. 2, 6; 1995,c. 457, s. 2; 2001‑150, s. 4.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_48 > GS_48-2-402

§ 48‑2‑402. Manner of service.

(a)        Service of thenotice required under G.S. 48‑2‑401 must be made as provided byG.S. 1A‑1, Rule 4, for service of process.

(b)        In the event thatthe identity of a biological or possible biological parent cannot be ascertainedand notice is required, the parent or possible parent shall be served bypublication pursuant to G.S. 1A‑1, Rule 4 (j1). The time for responseshall be the time provided in the rule. The words "In re Doe" may besubstituted for the title of the action in the notice as long as the noticecontains the correct docket number. The notice shall be directed to "theunknown father [or mother] of" the adoptee, and the adoptee shall bedescribed by sex, date of birth, and place of birth. The notice shall containany information known to the petitioner that would allow an unknown parent orpossible parent to identify himself or herself as the individual beingaddressed, such as the approximate date and place of conception, any name bywhich the other biological parent was known to the unknown parent or possibleparent, and any fact about the unknown parent or possible parent known to orbelieved by the other biological parent. The notice shall also state that anyparental rights the unknown parent or possible parent may have will beterminated upon entry of the order of adoption.

(c)        In an agencyplacement under Article 3 of this Chapter, the agency or other proper personshall file a petition to terminate the parental rights of an unknown parent orpossible parent instead of serving notice under subsection (b) of this section,and the court shall stay any adoption proceeding already filed, except thatnothing in this subsection shall require that the agency or other proper personfile a petition to terminate the parental rights of any known or possibleparent who has been served notice as provided under G.S. 1A‑1, Rule4(j)(1) of the Rules of Civil Procedure. (1949, c. 300; 1957, c. 778, s. 5; 1969, c. 911, s. 6;1971, c. 1093, s. 13; 1973, c. 1354, s. 5; 1983, c. 30; c. 454, ss. 2, 6; 1995,c. 457, s. 2; 2001‑150, s. 4.)