§ 48‑2‑603. Hearing on, or disposition of, petition to adopt a minor.
(a) At the hearing on,or disposition of, a petition to adopt a minor, the court shall grant thepetition upon finding by a preponderance of the evidence that the adoption willserve the best interest of the adoptee, and upon finding the following:
(1) At least 90 dayshave elapsed since the filing of the petition for adoption, unless the courtfor cause waives this requirement.
(2) The adoptee has beenin the physical custody of the petitioner for at least 90 days, unless thecourt for cause waives this requirement.
(3) Notice of the filingof the petition has been served on any person entitled to receive notice underPart 4 of this Article.
(4) Each necessaryconsent, relinquishment, waiver, or judicial order terminating parental rights,has been obtained and filed with the court and the time for revocation hasexpired.
(5) Any assessmentrequired by this Chapter has been filed with and considered by the court.
(6) If applicable, therequirements of the Interstate Compact on the Placement of Children, Article 38of Chapter 7B of the General Statutes, have been met.
(7) Any motion todismiss the proceeding has been denied.
(8) Each petitioner is asuitable adoptive parent.
(9) Any accounting andaffidavit required under G.S. 48‑2‑602 has been reviewed by thecourt, and the court has denied, modified, or ordered reimbursement of anypayment or disbursement that violates Article 10 or is unreasonable whencompared with the expenses customarily incurred in connection with an adoption.
(10) The petitioner hasreceived information about the adoptee and the adoptee's biological family ifrequired by G.S. 48‑3‑205.
(10a) Any certificate ofservice required by G.S. 48‑3‑307 has been filed.
(11) There has beensubstantial compliance with the provisions of this Chapter.
(b) If the Court findsa violation of this Chapter pursuant to Article 10 or of the Interstate Compacton the Placement of Children, Article 38 of Chapter 7B of the General Statutes,but determines that in every other respect there has been substantialcompliance with the provisions of this Chapter, and the adoption will serve thebest interest of the adoptee, the court shall:
(1) Grant the petitionto adopt; and
(2) Impose the sanctionsprovided by this Chapter against any individual or entity who has committed aprohibited act or report the violations to the appropriate legal authorities.
(c) The court on itsown motion may continue the hearing for further evidence. (1949, c. 300; 1953, c. 571;1959, cc. 340, 561; 1961, cc. 186, 384; 1967, c. 19; c. 619, s. 4; 1969, c.982; 1973, c. 476, s. 138; c. 1354, s. 6; 1989 (Reg. Sess., 1990), c. 977, s.1; 1995, c. 457, s. 2; 1998‑202, s. 13(l); 2001‑150, s. 5.)
§ 48‑2‑603. Hearing on, or disposition of, petition to adopt a minor.
(a) At the hearing on,or disposition of, a petition to adopt a minor, the court shall grant thepetition upon finding by a preponderance of the evidence that the adoption willserve the best interest of the adoptee, and upon finding the following:
(1) At least 90 dayshave elapsed since the filing of the petition for adoption, unless the courtfor cause waives this requirement.
(2) The adoptee has beenin the physical custody of the petitioner for at least 90 days, unless thecourt for cause waives this requirement.
(3) Notice of the filingof the petition has been served on any person entitled to receive notice underPart 4 of this Article.
(4) Each necessaryconsent, relinquishment, waiver, or judicial order terminating parental rights,has been obtained and filed with the court and the time for revocation hasexpired.
(5) Any assessmentrequired by this Chapter has been filed with and considered by the court.
(6) If applicable, therequirements of the Interstate Compact on the Placement of Children, Article 38of Chapter 7B of the General Statutes, have been met.
(7) Any motion todismiss the proceeding has been denied.
(8) Each petitioner is asuitable adoptive parent.
(9) Any accounting andaffidavit required under G.S. 48‑2‑602 has been reviewed by thecourt, and the court has denied, modified, or ordered reimbursement of anypayment or disbursement that violates Article 10 or is unreasonable whencompared with the expenses customarily incurred in connection with an adoption.
(10) The petitioner hasreceived information about the adoptee and the adoptee's biological family ifrequired by G.S. 48‑3‑205.
(10a) Any certificate ofservice required by G.S. 48‑3‑307 has been filed.
(11) There has beensubstantial compliance with the provisions of this Chapter.
(b) If the Court findsa violation of this Chapter pursuant to Article 10 or of the Interstate Compacton the Placement of Children, Article 38 of Chapter 7B of the General Statutes,but determines that in every other respect there has been substantialcompliance with the provisions of this Chapter, and the adoption will serve thebest interest of the adoptee, the court shall:
(1) Grant the petitionto adopt; and
(2) Impose the sanctionsprovided by this Chapter against any individual or entity who has committed aprohibited act or report the violations to the appropriate legal authorities.
(c) The court on itsown motion may continue the hearing for further evidence. (1949, c. 300; 1953, c. 571;1959, cc. 340, 561; 1961, cc. 186, 384; 1967, c. 19; c. 619, s. 4; 1969, c.982; 1973, c. 476, s. 138; c. 1354, s. 6; 1989 (Reg. Sess., 1990), c. 977, s.1; 1995, c. 457, s. 2; 1998‑202, s. 13(l); 2001‑150, s. 5.)
§ 48‑2‑603. Hearing on, or disposition of, petition to adopt a minor.
(a) At the hearing on,or disposition of, a petition to adopt a minor, the court shall grant thepetition upon finding by a preponderance of the evidence that the adoption willserve the best interest of the adoptee, and upon finding the following:
(1) At least 90 dayshave elapsed since the filing of the petition for adoption, unless the courtfor cause waives this requirement.
(2) The adoptee has beenin the physical custody of the petitioner for at least 90 days, unless thecourt for cause waives this requirement.
(3) Notice of the filingof the petition has been served on any person entitled to receive notice underPart 4 of this Article.
(4) Each necessaryconsent, relinquishment, waiver, or judicial order terminating parental rights,has been obtained and filed with the court and the time for revocation hasexpired.
(5) Any assessmentrequired by this Chapter has been filed with and considered by the court.
(6) If applicable, therequirements of the Interstate Compact on the Placement of Children, Article 38of Chapter 7B of the General Statutes, have been met.
(7) Any motion todismiss the proceeding has been denied.
(8) Each petitioner is asuitable adoptive parent.
(9) Any accounting andaffidavit required under G.S. 48‑2‑602 has been reviewed by thecourt, and the court has denied, modified, or ordered reimbursement of anypayment or disbursement that violates Article 10 or is unreasonable whencompared with the expenses customarily incurred in connection with an adoption.
(10) The petitioner hasreceived information about the adoptee and the adoptee's biological family ifrequired by G.S. 48‑3‑205.
(10a) Any certificate ofservice required by G.S. 48‑3‑307 has been filed.
(11) There has beensubstantial compliance with the provisions of this Chapter.
(b) If the Court findsa violation of this Chapter pursuant to Article 10 or of the Interstate Compacton the Placement of Children, Article 38 of Chapter 7B of the General Statutes,but determines that in every other respect there has been substantialcompliance with the provisions of this Chapter, and the adoption will serve thebest interest of the adoptee, the court shall:
(1) Grant the petitionto adopt; and
(2) Impose the sanctionsprovided by this Chapter against any individual or entity who has committed aprohibited act or report the violations to the appropriate legal authorities.
(c) The court on itsown motion may continue the hearing for further evidence. (1949, c. 300; 1953, c. 571;1959, cc. 340, 561; 1961, cc. 186, 384; 1967, c. 19; c. 619, s. 4; 1969, c.982; 1973, c. 476, s. 138; c. 1354, s. 6; 1989 (Reg. Sess., 1990), c. 977, s.1; 1995, c. 457, s. 2; 1998‑202, s. 13(l); 2001‑150, s. 5.)
