§48‑4‑103. Execution and content of consent to adoption bystepparent.
(a) A consent executedby a parent who is the stepparent's spouse:
(1) Must be signed andacknowledged before an individual authorized to administer oaths or takeacknowledgments;
(2) Must be in writingand state or contain:
a. The statementsrequired by G.S. 48‑3‑606, except for those required bysubdivisions (4), (9), (12), and (13) of that section;
b. That the parentexecuting the consent has legal and physical custody of the child and isvoluntarily consenting to the adoption of the child by the stepparent;
c. That the adoptionwill not terminate the legal relation of parent and child between the parentexecuting the consent and the child; and
d. That the adoptionwill terminate the legal relation of parent and child between the adoptee andthe adoptee's other parent, including all right of the adoptee to inherit as achild from or through the other parent, and will extinguish any existing courtorder of custody, visitation, or communication with the adoptee, except thatthe other parent will remain liable for past‑due child support paymentsunless legally released from this obligation.
(b) A consent executedby a minor stepchild's parent who is not the stepparent's spouse:
(1) Must be signed andacknowledged before an individual authorized to administer oaths or takeacknowledgments; and
(2) Must be in writingand state or contain:
a. The statementsrequired by G.S. 48‑3‑606, except for those required bysubdivisions (4), (9), (12), and (13) of that section;
b. That the parentexecuting the consent is voluntarily consenting to:
1. The transfer of anyright the parent has to legal or physical custody of the child to the child'sother parent and stepparent, and
2. The adoption of thechild by the stepparent; and
c. That the adoptionwill terminate the legal relation of parent and child between the adoptee andthe parent executing the consent, including all rights of the adoptee toinherit as a child from or through the parent, and will extinguish any courtorder of custody, visitation, or communication with the adoptee, except thatthe parent executing the consent will remain liable for past‑due childsupport payments unless legally released from this obligation.
(c) A consent executedby the guardian of a minor stepchild:
(1) Must be signed andacknowledged before an individual authorized to administer oaths or takeacknowledgments; and
(2) Must be in writingand state or contain:
a. The statementsrequired by G.S. 48‑3‑606, except for those required bysubdivisions (4), (9), (12), and (13) of that section;
b. A statement that theguardian is voluntarily consenting to:
1. The transfer of anyright the guardian has to legal or physical custody of the adoptee to theadoptive stepparent; and
2. The adoption of theadoptee by the stepparent;
c. That the adoptionwill not terminate the legal relation of parent and child between a parent whois or was the stepparent's spouse and the adoptee;
d. That the adoptionwill terminate the legal relation of parent and child between the adoptee and aparent who is not or has not been the stepparent's spouse, including all rightof the adoptee to inherit from or through that parent, and will extinguish anycourt order of custody, visitation, or communication with the adoptee, exceptthat a parent whose relation to the adoptee is terminated by the adoption willremain liable for past‑due child support payments unless legally releasedfrom this obligation.
(d) G.S. 48‑3‑608(a)applies to consents executed pursuant to subsections (a) through (c) of thissection. Unless so revoked, the consent is final and irrevocable except under acircumstance set forth in G.S. 48‑3‑609.
(e) A consent executedby an adoptee in a proceeding for adoption by a stepparent must be signed andacknowledged under oath before an individual authorized to administer oaths ortake acknowledgments. The minor may revoke the consent at any time before thedecree is entered by filing written notice with the court in which the petitionis pending. (1949, c. 300; 1957, c. 778, s. 6; 1961, c. 186; 1969,c. 982; 1983, cc. 83, 688; 1985, c. 758, s. 12; 1987, c. 541, s. 1; 1991, c.667, s. 1; 1995, c. 457, s. 2.)
§48‑4‑103. Execution and content of consent to adoption bystepparent.
(a) A consent executedby a parent who is the stepparent's spouse:
(1) Must be signed andacknowledged before an individual authorized to administer oaths or takeacknowledgments;
(2) Must be in writingand state or contain:
a. The statementsrequired by G.S. 48‑3‑606, except for those required bysubdivisions (4), (9), (12), and (13) of that section;
b. That the parentexecuting the consent has legal and physical custody of the child and isvoluntarily consenting to the adoption of the child by the stepparent;
c. That the adoptionwill not terminate the legal relation of parent and child between the parentexecuting the consent and the child; and
d. That the adoptionwill terminate the legal relation of parent and child between the adoptee andthe adoptee's other parent, including all right of the adoptee to inherit as achild from or through the other parent, and will extinguish any existing courtorder of custody, visitation, or communication with the adoptee, except thatthe other parent will remain liable for past‑due child support paymentsunless legally released from this obligation.
(b) A consent executedby a minor stepchild's parent who is not the stepparent's spouse:
(1) Must be signed andacknowledged before an individual authorized to administer oaths or takeacknowledgments; and
(2) Must be in writingand state or contain:
a. The statementsrequired by G.S. 48‑3‑606, except for those required bysubdivisions (4), (9), (12), and (13) of that section;
b. That the parentexecuting the consent is voluntarily consenting to:
1. The transfer of anyright the parent has to legal or physical custody of the child to the child'sother parent and stepparent, and
2. The adoption of thechild by the stepparent; and
c. That the adoptionwill terminate the legal relation of parent and child between the adoptee andthe parent executing the consent, including all rights of the adoptee toinherit as a child from or through the parent, and will extinguish any courtorder of custody, visitation, or communication with the adoptee, except thatthe parent executing the consent will remain liable for past‑due childsupport payments unless legally released from this obligation.
(c) A consent executedby the guardian of a minor stepchild:
(1) Must be signed andacknowledged before an individual authorized to administer oaths or takeacknowledgments; and
(2) Must be in writingand state or contain:
a. The statementsrequired by G.S. 48‑3‑606, except for those required bysubdivisions (4), (9), (12), and (13) of that section;
b. A statement that theguardian is voluntarily consenting to:
1. The transfer of anyright the guardian has to legal or physical custody of the adoptee to theadoptive stepparent; and
2. The adoption of theadoptee by the stepparent;
c. That the adoptionwill not terminate the legal relation of parent and child between a parent whois or was the stepparent's spouse and the adoptee;
d. That the adoptionwill terminate the legal relation of parent and child between the adoptee and aparent who is not or has not been the stepparent's spouse, including all rightof the adoptee to inherit from or through that parent, and will extinguish anycourt order of custody, visitation, or communication with the adoptee, exceptthat a parent whose relation to the adoptee is terminated by the adoption willremain liable for past‑due child support payments unless legally releasedfrom this obligation.
(d) G.S. 48‑3‑608(a)applies to consents executed pursuant to subsections (a) through (c) of thissection. Unless so revoked, the consent is final and irrevocable except under acircumstance set forth in G.S. 48‑3‑609.
(e) A consent executedby an adoptee in a proceeding for adoption by a stepparent must be signed andacknowledged under oath before an individual authorized to administer oaths ortake acknowledgments. The minor may revoke the consent at any time before thedecree is entered by filing written notice with the court in which the petitionis pending. (1949, c. 300; 1957, c. 778, s. 6; 1961, c. 186; 1969,c. 982; 1983, cc. 83, 688; 1985, c. 758, s. 12; 1987, c. 541, s. 1; 1991, c.667, s. 1; 1995, c. 457, s. 2.)
§48‑4‑103. Execution and content of consent to adoption bystepparent.
(a) A consent executedby a parent who is the stepparent's spouse:
(1) Must be signed andacknowledged before an individual authorized to administer oaths or takeacknowledgments;
(2) Must be in writingand state or contain:
a. The statementsrequired by G.S. 48‑3‑606, except for those required bysubdivisions (4), (9), (12), and (13) of that section;
b. That the parentexecuting the consent has legal and physical custody of the child and isvoluntarily consenting to the adoption of the child by the stepparent;
c. That the adoptionwill not terminate the legal relation of parent and child between the parentexecuting the consent and the child; and
d. That the adoptionwill terminate the legal relation of parent and child between the adoptee andthe adoptee's other parent, including all right of the adoptee to inherit as achild from or through the other parent, and will extinguish any existing courtorder of custody, visitation, or communication with the adoptee, except thatthe other parent will remain liable for past‑due child support paymentsunless legally released from this obligation.
(b) A consent executedby a minor stepchild's parent who is not the stepparent's spouse:
(1) Must be signed andacknowledged before an individual authorized to administer oaths or takeacknowledgments; and
(2) Must be in writingand state or contain:
a. The statementsrequired by G.S. 48‑3‑606, except for those required bysubdivisions (4), (9), (12), and (13) of that section;
b. That the parentexecuting the consent is voluntarily consenting to:
1. The transfer of anyright the parent has to legal or physical custody of the child to the child'sother parent and stepparent, and
2. The adoption of thechild by the stepparent; and
c. That the adoptionwill terminate the legal relation of parent and child between the adoptee andthe parent executing the consent, including all rights of the adoptee toinherit as a child from or through the parent, and will extinguish any courtorder of custody, visitation, or communication with the adoptee, except thatthe parent executing the consent will remain liable for past‑due childsupport payments unless legally released from this obligation.
(c) A consent executedby the guardian of a minor stepchild:
(1) Must be signed andacknowledged before an individual authorized to administer oaths or takeacknowledgments; and
(2) Must be in writingand state or contain:
a. The statementsrequired by G.S. 48‑3‑606, except for those required bysubdivisions (4), (9), (12), and (13) of that section;
b. A statement that theguardian is voluntarily consenting to:
1. The transfer of anyright the guardian has to legal or physical custody of the adoptee to theadoptive stepparent; and
2. The adoption of theadoptee by the stepparent;
c. That the adoptionwill not terminate the legal relation of parent and child between a parent whois or was the stepparent's spouse and the adoptee;
d. That the adoptionwill terminate the legal relation of parent and child between the adoptee and aparent who is not or has not been the stepparent's spouse, including all rightof the adoptee to inherit from or through that parent, and will extinguish anycourt order of custody, visitation, or communication with the adoptee, exceptthat a parent whose relation to the adoptee is terminated by the adoption willremain liable for past‑due child support payments unless legally releasedfrom this obligation.
(d) G.S. 48‑3‑608(a)applies to consents executed pursuant to subsections (a) through (c) of thissection. Unless so revoked, the consent is final and irrevocable except under acircumstance set forth in G.S. 48‑3‑609.
(e) A consent executedby an adoptee in a proceeding for adoption by a stepparent must be signed andacknowledged under oath before an individual authorized to administer oaths ortake acknowledgments. The minor may revoke the consent at any time before thedecree is entered by filing written notice with the court in which the petitionis pending. (1949, c. 300; 1957, c. 778, s. 6; 1961, c. 186; 1969,c. 982; 1983, cc. 83, 688; 1985, c. 758, s. 12; 1987, c. 541, s. 1; 1991, c.667, s. 1; 1995, c. 457, s. 2.)
