In re Baby Boy, 238 N.C. App. 316 (2014)

  • Facts and procedural history: Mother executed relinquishment of her newborn with an adoption agency. The agency placed the child with appellee parents, who petitioned for adoption. Mother challenged the validity of her relinquishment, and the district court determined the relinquishment void and dismissed the adoption petition. Appellee parents and the adoption agency appealed the district court order, and the COA reversed. See In re Adoption Baby Boy, 233 N.C. App. 493 (2014). Pending that appeal, appellee parents filed for termination of the mother’s parental rights, which was granted.  Respondent mother appeals the TPR on the grounds that there was no subject matter jurisdiction because an appeal in the adoption proceeding was pending.
  • G.S. 7B-1003 limits a district court’s jurisdiction to hear a termination of parental rights action pending an appeal of an order entered under the Juvenile Code. It does not limit the court’s jurisdiction to hear a TPR pending an appeal of an order entered in non-7B action, such as an adoption proceeding brought pursuant to G.S. Chapter 48.


Termination of Parental Rights
Subject Matter Jurisdiction
Exercising Jurisdiction
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