48-2-406. Waiver of notice; effect.
(a) If notice is required under this Part, it may be waived in open court by the person entitled to receive it or by an agent authorized by that person; it may also be waived at any time in a writing signed by the person entitled to receive the notice.
(b) A person who has executed a consent or relinquishment or otherwise waived notice is not a necessary party and, except as provided in subsection (c) of this section, is not entitled to appear in any subsequent proceeding related to the petition.
(c) A parent who has executed a consent or relinquishment may appear in the adoption proceeding for the limited purpose of moving to set aside the consent or relinquishment on the grounds that it was obtained by fraud or duress. (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.)
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.