48-3-705. Consequences of relinquishment.
(a) A relinquishment executed pursuant to G.S. 48-3-702 through G.S. 48-3-704 may be revoked as provided in G.S. 48-3-706 and is otherwise final and irrevocable except under a circumstance set forth in G.S. 48-3-707.
(b) Upon execution, a relinquishment by a parent or guardian entitled under G.S. 48-3-201 to place a minor for adoption:
(1) Vests legal and physical custody of the minor in the agency; and
(2) Empowers the agency to place the minor for adoption with a prospective adoptive parent selected in the manner specified in the relinquishment.
(c) A relinquishment terminates:
(1) Any right and duty of the individual who executed the relinquishment with respect to the legal and physical custody of the minor.
(2) The right to consent to the minor's adoption.
(3) Repealed by Session Laws 1997-215, s. 19.1(b).
(d) Except as provided in subsection (c) of this section, parental rights and duties of a parent who executed a relinquishment are not terminated until the decree of adoption becomes final or the parental relationship is otherwise legally terminated, whichever occurs first. Until termination the minor remains the child of a parent who executed a relinquishment 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.
(e) An agency or county department of social services to whom a minor has been relinquished may, after the time within which the relinquishing parent or guardian may revoke the relinquishment has expired, apply ex parte to a clerk of superior court for an order finding that the child has been relinquished to the agency and confirming that the agency or county department of social services has legal 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; 1953, c. 906; 1957, c. 778, s. 6; 1961, c. 186; 1967, c. 926, s. 1; 1969, c. 911, ss. 7, 9; c. 982; 1973, c. 476, s. 138; 1975, c. 702, ss. 1-3; 1977, c. 879, s. 5; 1983, c. 454, ss. 4, 7; cc. 83, 688; 1985, c. 758, ss. 10-12; 1987, c. 541, s. 1; 1991, c. 667, s. 1; 1995, c. 457, s. 2; 1997-215, s. 19.1(b); 2018-68, s. 3.2.)
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.