§ 48-5-103. Adoption of incompetent adults. - North Carolina Statutes

§48‑5‑103.  Adoption of incompetent adults.

(a)        If an adult beingadopted has been adjudicated incompetent, then that adult's guardian shall haveauthority to consent in place of that adult.

(b)        The consent of theguardian must:

(1)        Be in writing andsigned and acknowledged before an individual authorized to administer oaths ortake acknowledgments;

(2)        State that theguardian understands that the adoption will terminate the legal relationship ofparent and child between the adult being adopted and the adult's formerparents, including all rights of the adult to inherit as a child from orthrough the former parents, unless the adoption is by a stepparent, in whichcase the adoption will terminate the legal relationship of parent and childbetween the adult and the parent who is not married to the stepparent but willhave no effect on the relationship between the adult and the parent who ismarried to the stepparent;

(3)        State that theguardian understands that the adoption will create the legal relationship ofparent and child between the adult and the petitioner, including the right ofinheritance by, from, and through each other;

(4)        State that theguardian consents to the proposed adoption and believes the adoption will be inthe best interest of the adult; and

(5)        State that theguardian understands that the adoption will not terminate the guardian'srights, duties, and powers.

(c)        In any adoption ofan adult who has been adjudicated incompetent, the court shall appoint aguardian ad litem other than the guardian to investigate and report to thecourt on the proposed adoption. (1995, c. 457, s. 2.)