48-3-607. Consequences of consent.
(a) A consent executed pursuant to G.S. 48-3-605 and G.S. 48-3-606 may be revoked as provided in G.S. 48-3-608. A consent is otherwise final and irrevocable except under a circumstance set forth in G.S. 48-3-609.
(b) Except as provided in subsection (c) of this section, the consent of a parent, guardian, or agency that placed a minor for adoption pursuant to Part 2 of this Article vests legal and physical custody of the minor in the prospective adoptive parent and empowers this individual to petition the court to adopt the minor.
(c) Any other parental right and duty of a parent who executed a consent is not terminated until either the decree of adoption becomes final or the relationship of parent and child is otherwise terminated, whichever comes first. Until termination, the minor remains the child of a parent who executed a consent for purposes of any inheritance, succession, insurance, arrears of child support, and other benefit or claim that the minor may have from, through, or against the parent.
(d) A prospective adoptive parent with whom a minor has been placed in an independent adoption and who has filed a petition for adoption of the minor may, after the time within which the consenting parent or guardian may revoke the consent has expired, apply ex parte to a clerk of superior court for an order finding that the child has been placed with the petitioner and confirming that the petitioner has legal and physical custody of the minor for the purposes of obtaining a certified copy of the child's birth certificate, a Social Security number, or federal and State benefits for the minor. (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; 2018-68, s. 3.1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 3 - Adoption of Minors.
§ 48-3-100 - Application of Article.
§ 48-3-201 - Who may place minors for adoption.
§ 48-3-202 - Direct placement for adoption.
§ 48-3-203 - Agency placement adoption.
§ 48-3-204 - Recruitment of adoptive parents.
§ 48-3-205 - Disclosure of background information.
§ 48-3-206 - Affidavit of parentage.
§ 48-3-207 - Interstate placements.
§ 48-3-301 - Preplacement assessment required.
§ 48-3-302 - Request for preplacement assessment.
§ 48-3-303 - Content and timing of preplacement assessment.
§ 48-3-304 - Fees for preplacement assessment.
§ 48-3-305 - Agency disposition of preplacement assessments.
§ 48-3-306 - Favorable preplacement assessments.
§ 48-3-307 - Assessments completed after placement.
§ 48-3-308 - Response to unfavorable preplacement assessment.
§ 48-3-401 - "Health care facility" and "attending practitioner" defined.
§ 48-3-402 - Authorization required to transfer physical custody.
§ 48-3-501 - Petitioner entitled to custody in direct placement adoptions.
§ 48-3-502 - Agency entitled to custody in placement by agency.
§ 48-3-601 - Persons whose consent to adoption is required.
§ 48-3-602 - Consent of incompetent parents.
§ 48-3-603 - Persons whose consent is not required.
§ 48-3-604 - Execution of consenttiming.
§ 48-3-605 - Execution of consentprocedures.
§ 48-3-606 - Content of consent; mandatory provisions.
§ 48-3-607 - Consequences of consent.
§ 48-3-608 - Revocation of consent.
§ 48-3-609 - Challenges to validity of consent.
§ 48-3-610 - Collateral agreements.
§ 48-3-701 - Individuals who may relinquish minor; timing.
§ 48-3-702 - Procedures for relinquishment.
§ 48-3-703 - Content of relinquishment; mandatory provisions.
§ 48-3-704 - Content of relinquishment; optional provisions.
§ 48-3-705 - Consequences of relinquishment.