A Guide to Relinquishments and Post-Relinquishment Review Hearings

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In the last two years, I’ve started to receive more questions about the relinquishment of a child to a child-placing agency for adoption. The questions focus on procedure. There are specific statutory procedures that must be followed. When those procedures are not followed, the rights of everyone involved are impacted.

What is a relinquishment?

A relinquishment is “the voluntary surrender of a minor to an agency for the purpose of adoption.” G.S. 48-1-101(15). Legal and physical custody of the child vests with the child-placing agency to whom the child is relinquished so that the child may be placed for adoption by that agency. G.S. 48-3-705(b). See G.S. 48-1-101(9) (definition of “legal custody’) and (12) (definition of “physical custody”). An agency is a public or private entity that is licensed or authorized by law to place minors for adoption, including a county department of social services (DSS). G.S. 48-1-101(4). The provisions regarding relinquishments apply to both private agencies and DSS.

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