§ 48-2-207. Necessity of consent post-petition. - North Carolina Statutes

§ 48‑2‑207. Necessity of consent post‑petition.

(a)        If any individualdescribed in G.S. 48‑2‑401(c)(3) is served with notice of thefiling of the petition in accordance with G.S. 48‑2‑402 and failsto respond within the time specified in the notice, the court, upon motion bythe petitioner, shall enter an order under G.S. 48‑3‑603(a)(7) thatthe individual's consent is not required for the adoption.

(b)        The court shallhold a hearing to take evidence and determine whether an individual's consentto an adoption is required if any of the following:

(1)        Any individualdescribed in G.S. 48‑2‑401(c)(3) who has been served with notice ofthe filing of the petition in accordance with G.S. 48‑2‑402notifies the court within the time specified in the notice that he believes hisconsent to the adoption is required.

(2)        Any individual whohas not been served with the notice of the filing of the petition intervenes inthe adoption proceeding alleging that his or her consent to the adoption isrequired.

(c)        If the court determinesthat the consent of any individual is required, the adoption cannot proceeduntil such individual's consent is obtained or such individual's parentalrights are terminated. If the individual whose consent is required did not havephysical custody of the minor immediately prior to the placement of the minorwith the prospective adoptive parents, a finding that such individual's consentis required does not entitle such individual to physical custody of the minor.

(d)        If the courtdetermines that the consent of any individual described in G.S. 48‑2‑401(c)(3)is not required, such individual shall not be entitled to receive notice of, orto participate in, further proceedings in the adoption. (2005‑166, s. 2.)