NicholsonPham

Adoptions

Increasingly families are created through the process of adoption. The circumstances under which individuals and couples become parents are varied and can be legally complicated. North Carolina adoptions are no different in their potential for legal complication.

NicholsonPham can help efficiently prepare all documentation required for adoption proceedings in North Carolina including:

  • Intrastate adoptions,
  • Independent adoptions,
  • Re-adoptions of a foreign adoptee,
  • Agency adoptions or
  • Step-parent adoptions.

We have developed relationships with adoption agencies that will work with you to conduct home studies which may be needed in the adoption process. We work with you and the Clerk of Court in your county to ensure a smooth process of adding to your family.

Second Parent Adoptions

While North Carolina’s ban on second parent adoption is currently being challenged by the ACLU, the LGBT attorneys at NicholsonPham understand that families still need information about second parent adoption and may want to consult with us to determine if a second parent adoption in another state may be possible for your family.

Second parent adoption, or “co-parent adoption” is the legal procedure that allows a same-sex co-parent to adopt his or her partner’s biological or adopted child without terminating the first parent’s legal status as a parent. This typeof adoption is much like a stepparent adoption in that the parental rights of the existing legal parent are not terminated when his or her spouse adopts a child born prior to a current marriage. Most often, second parent adoptions involve two women who decided to have a child together and one parent is the biological or adoptive parent and thus the “legal parent” of the child and the other parent is the “second parent” or “co-parent” who has no legal parental rights or obligations. This legal procedure is also possible for male couples, where one partner has already legally adopted a child as a single parent or has become a parent through an agreement with a surrogate. Second parent adoptions have also been used for children born during a marriage or who already have two legal parents. In those instances, a third party must relinquish his or her parental rights during the second parent adoption. For more information about Second Parent Adoptions, see our LGBT Legal Services section.

More information is available. Set up your adoption consultation. We can answer your questions and facilitate the process of expanding your family.