48-2-204. Death of a joint petitioner or stepparent pending final decree.
(a) When spouses have petitioned jointly to adopt and one spouse dies before entry of a final decree, the adoption may proceed in the names of both spouses. Upon completion of the adoption, the name of the deceased spouse shall be entered as one of the adoptive parents on the new birth certificate prepared pursuant to Article 9 of this Chapter. For purposes of inheritance, testate or intestate, the adoptee shall be treated as a child of the deceased spouse.
(b) When a stepparent who has petitioned to adopt dies before entry of a final decree, the adoption may proceed in the name of the petitioning stepparent if the court causes to be mailed to any individual who executed a consent to adoption a notice advising that the petitioning stepparent has died and the individual may, within 15 days from the date the individual receives notice, request a hearing on the adoption. Notice is complete when mailed to the individual at the address given in the consent. Upon completion of the adoption, the name of the petitioning stepparent shall be entered as one of the adoptee's parents on the new birth certificate prepared in accordance with Article 9 of this Chapter. For purposes of inheritance, testate or intestate, the adoptee shall be treated as a child of the deceased stepparent. (1949, c. 300; 1995, c. 457, s. 2; 2013-236, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - General Adoption Procedure.
§ 48-2-102 - Transfer, stay, or dismissal.
§ 48-2-201 - Appointment of attorney or guardian ad litem.
§ 48-2-202 - No right to jury.
§ 48-2-203 - Confidentiality of proceedings under Chapter.
§ 48-2-204 - Death of a joint petitioner or stepparent pending final decree.
§ 48-2-205 - Recognition of adoption decrees from other jurisdictions.
§ 48-2-206 - Prebirth determination of right to consent.
§ 48-2-207 - Necessity of consent post-petition.
§ 48-2-301 - Petition for adoption; who may file.
§ 48-2-302 - Concurrent petitions to adopt and terminate parental rights.
§ 48-2-303 - Caption of petition for adoption.
§ 48-2-304 - Petition for adoption; content.
§ 48-2-305 - Petition for adoption; additional documents.
§ 48-2-306 - Omission of required information.
§ 48-2-401 - Notice by petitioner.
§ 48-2-402 - Manner of service.
§ 48-2-403 - Additional notice of proceedings by petitioner.
§ 48-2-404 - Notice of proceedings by court to alleged father.
§ 48-2-405 - Rights of persons entitled to notice.
§ 48-2-406 - Waiver of notice; effect.
§ 48-2-407 - Filing proof of service.
§ 48-2-501 - Report to the court during proceeding for adoption of a minor.
§ 48-2-502 - Preparation and content of report.
§ 48-2-503 - Timing and filing of report.
§ 48-2-602 - Disclosure of fees and charges.
§ 48-2-603 - Hearing on, or disposition of, petition to adopt a minor.
§ 48-2-604 - Denying petition to adopt a minor.
§ 48-2-605 - Hearing on petition to adopt an adult.