Adoption Lawyer in Wilmington

Expanding your family through adoption is a wonderful way to enrich your and the adoptee’s life. However, the North Carolina adoption process is a legal minefield full of potential pitfalls and complex procedures. Without help from a Wilmington adoption lawyer, you may face unexpected expenses, lengthy delays, or a denied adoption petition.

The Wilmington, NC, adoption attorneys at Marshall & Taylor PLLC can help you achieve your dreams by guiding you through the legal process. Our Wilmington adoption process lawyers have decades of experience in family law issues and understand your goals. As a certified family law specialist, firm founder Jeffrey Marshall has the in-depth knowledge and experience you need for a smooth adoption. We can answer your questions, explain the legal requirements for North Carolina adoptions, and help you avoid costly mistakes. Call (919) 833-1040 now or complete our contact form for a confidential consultation.

Why You Need a Certified Family Law Specialist

A certified family law specialist has proven skills and deep knowledge of North Carolina’s rules concerning family law issues. The North Carolina State Bar awards this title only to attorneys who pass a tough exam, meet strict experience requirements, and earn strong peer reviews. This certification shows an attorney is highly qualified to handle family law cases, including adoptions.

Hiring a certified specialist gives you confidence that your lawyer understands North Carolina’s adoption laws inside and out. These specialists know how to deal with complex paperwork, avoid delays, and handle any challenges that arise. Adoption cases often involve detailed legal steps, and mistakes can slow the process or even cause problems with final approval. A family law specialist can help you make sure everything is done right the first time.

An experienced family law specialist can also guide you through different adoption types, such as private, agency, stepparent, or relative adoptions. They can explain your rights, responsibilities, and any potential legal risks. If complications arise—like birth parent disputes or interstate issues—family law specialists have the skills to resolve them quickly. By choosing a certified adoption lawyer, you protect your interests and give yourself peace of mind.

Types of Adoptions

There are several ways to adopt a child or adult in North Carolina, including:

• Agency Adoption – An agency adoption involves a licensed adoption agency that connects birth parents with adoptive families. These agencies handle screening, counseling, and legal requirements, making the process structured and secure. The downside is that agency adoptions can be expensive and often take longer due to waitlists and mandatory training sessions for adoptive parents.
• Independent Adoption – In an independent adoption, birth parents and adoptive families connect without an agency. Lawyers for both sides handle the legal process, allowing more flexibility and direct communication between both parties. This approach can be faster and less expensive than an agency adoption. However, it requires careful legal oversight to make sure the process complies with state laws and that birth parents make informed decisions.
• Relative Adoption – A relative adoption happens when a family member, such as a grandparent, aunt, or stepparent, adopts a child. The process is usually faster and less expensive, but challenges may arise if the biological parents still play a role in the child’s life.
• Foreign Adoption – A foreign adoption allows U.S. parents to adopt a child from another country. This process gives children a chance for a stable, loving home but requires navigating international laws, immigration requirements, and cultural differences. It can be expensive and time-consuming, with wait times and travel requirements that vary by country.
• Stepparent Adoption – A stepparent adoption is when someone adopts their spouse’s child or children from a prior relationship. While stepparents do not have to adopt their stepchildren, a formal adoption can help solidify family ties.
• Adult Adoption – An adult adoption occurs when an adult parent or stepparent adopts another adult. The adoptee can be an adult 18 or older, or someone who is younger than 18 and is either married or legally emancipated.

Steps in the Wilmington, NC, Adoption Process

Couples or individuals wishing to adopt a child or adult in North Carolina must follow specific legal steps. Those steps include:

• Choose an Adoption Agency or Attorney: Your first step is to decide whether to work with a licensed adoption agency or an adoption attorney. Agencies can be public (county departments of social services) or private. The adoption method you choose will influence the adoption type and process.
• Complete a Pre-Placement Assessment (Home Study): Next, you (and possibly your partner) must undergo a thorough evaluation to assess your suitability as an adoptive parent. The assessment typically includes home visits, interviews, and background checks. This assessment, often called a home study, is mandatory in North Carolina unless you’re adopting an adult.
• Attend Adoption Training: Most adoptive parents must participate in training programs such as TIPS-MAPP (Trauma Informed Partnering for Safety and Permanence – Model Approach to Partnerships in Parenting), to prepare for the unique challenges of adoption. This training is particularly important for anyone adopting children from the foster care system.
• Identify a Child for Adoption: Your agency or attorney can help you find a child whose background and needs align with your preferences and situation.
• Placement of the Child: The attorney or agency will place the child in your home. You’ll receive support and supervision to help ensure a smooth transition.
• File the Petition for Adoption: After the child has been placed with you, you must file a petition in the county where you or the child reside. This legal document asks the courts to finalize the adoption.
• Post-Placement Supervision: Following placement, a social worker will conduct visits to assess the child’s adjustment and your family’s dynamics. These visits are crucial for the finalization process.
• Finalization Hearing: The last step is to attend a court hearing where a judge reviews the case. If you meet all the requirements, the judge will issue a decree of adoption, granting you legal parental rights.

Common Legal Issues in Wilmington, NC, Adoptions

Adoptions in Wilmington can involve significant legal challenges that delay or complicate the process. One common issue is birth parent consent. In most cases, birth parents must voluntarily give up their rights before the courts can finalize an adoption. If a parent changes their mind or refuses to consent, the process may stall.

Another challenge is terminating parental rights. If a parent is unfit or absent, the court may need to end their rights before an adoption can proceed. This step requires proof of neglect, abuse, or abandonment.

Interstate adoptions add another layer of complexity. If the child is from another state, the adoption must follow the Interstate Compact on the Placement of Children (ICPC). This process ensures both states approve the adoption, but it can take extra time.

Stepparent and relative adoptions can also bring legal obstacles. A noncustodial parent may fight the adoption, or family disagreements may slow the process. Courts prioritize the child’s best interests, which can lead to unexpected rulings.

Finally, home study approvals can create delays. Background checks, home inspections, and financial reviews must meet state standards. If issues arise, the process can take longer. Having a knowledgeable attorney helps families avoid delays and legal problems.

Frequently Asked Questions About Adoptions in Wilmington, NC

Here are the answers to some common questions we receive about adoptions in Wilmington:

How much does it cost to adopt a child?

Adoption costs vary based on the type. Foster care adoptions cost little to nothing, while private adoptions can cost tens of thousands of dollars. International adoptions can exceed $40,000 due to travel and legal fees.

How long does the adoption process take?

The timeline depends on the adoption type. Foster care adoptions may take six months to a year. Private adoptions can range from several months to a few years, depending on the matching process and legal requirements. International adoptions typically take one to three years due to paperwork requirements and government approvals.

Who can adopt a child in North Carolina?

Any adult over 18 can adopt if they pass a home study and background check. North Carolina allows single, married, and LGBTQ+ individuals to adopt. There are no specific income, homeownership, or marriage length requirements. However, courts must make sure the adoptive parent or parents can provide a safe, stable home.

Can I adopt an adult?

Yes, North Carolina allows adult adoptions if both parties agree. Courts typically approve these adoptions as long as there’s no fraud or coercion involved. A person cannot adopt their spouse.

How much does a Wilmington adoption lawyer cost?

Adoption attorney fees vary. Simple cases may cost $2,500 to $5,000, while more complex adoptions can exceed $10,000. The cost depends on the adoption type, required legal work, and whether any complications arise during the process.

Contact a Wilmington, NC, Adoption Lawyer Now

If you’re ready to bring a child or adult into your family, Wilmington family law attorneys at Marshall & Taylor PLLC are ready to help you make it happen. Call (919) 833-1040 now or reach out online for a confidential consultation.