Child Welfare Case Compendium
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| Case Name & Citation | Case Description |
|---|---|
| In re B.M.T. ___ N.C. App. ___ (January 2, 2024) |
On remand from the supreme court, the court of appeals affirm trial court's conclusion that father's consent was required for adoption of minor child. Father established legitimation of the child in another state prior to the filing of the adoption petition.
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| In re B.M.T. 287 N.C. App. 95 (2022) |
Father satisfied all three statutory requirements mandating his consent to the child's adoption.
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| In re Adoption of C.H.M. 282 N.C. App. 102 (2022) |
Father did not timely grasp the opportunity to establish a relationship with his child. His consent to the adoption was not required.
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| In re Adoption of K.L.J. 266 N.C. App. 289 (2019) |
The Tribal Court did not have exclusive jurisdiction over the adoption proceeding of two Indian children. The children were not wards of the tribal court. The NC court did not err in failing to provide full faith and credit to a tribal court order that was not authenticated and did not comply with the UEFJA and where the hearing did not provide due process to the children and adoption petitioners.
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| In re Adoption of C.H.M. 371 N.C. 22 (2018) |
Respondent father has the burden of proving he complied with all the requirements of G.S. 48-3-601(2)(b)(4)(II) for his consent to an adoption to be required. Here, he failed to show by a verifiable payment record that he made consistent and reasonable payments for the mother and/or child during the relevant time period, which is the period before the petition for adoption is filed. |
| In re Ivey 257 N.C. App. 622 (2018) |
The 7-day time period for a revocation of a consent to adoption starts to run when the parent who signed the consent receives an original or copy of the consent he or she signed. The revocation was timely filed within 7 days after the date the parent received a copy of the consent, which was weeks after she signed the consent. |
| In re Adoption of C.H.M. 249 N.C. App. 179 (2016), rev'd, 371 N.C. 22 (2018) |
An unwed father satisfied all three statutory requirements mandating his consent to the child's adoption. |
| In re Adoption of B.J.R. 238 N.C. App. 308 (2014) |
Father's consent is not required in adoption proceeding because he failed to make reasonable and consistent support payments within his financial means for the mother, child or both. Father also failed to grasp the opportunity to develop a relationship with the child.
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| In re S.D.W. 367 N.C. 386 (2014) |
Unwed father, who had unprotected intercourse with the child's mother, did not grasp the opportunity to obtain notice of pregnancy and/or child's birth. As a result, his consent to the child's adoption was not required.
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| In re Adoption of Baby Boy 233 N.C. App. 493 (2014) |
Administering an oath is a ministerial duty. If a notary is present to observe a mother who is executing a relinquishment make a vow of truthfulness to the adoption agency worker, the oath and relinquishment is valid. Failing to include the child's gender in a relinquishment does not void the relinquishment.
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