§ 48-2-206. Prebirth determination of right to consent.
§ 48‑2‑206. Prebirth determination of right to consent.
(a) At any time aftersix months from the date of conception as reasonably determined by a physician,the biological mother, agency, or adoptive parents chosen by the biologicalmother may file a special proceeding with the clerk requesting the court todetermine whether consent of the biological father is required. The biologicalfather shall be served with notice of the intent of the biological mother toplace the child for adoption, allowing the biological father 15 days afterservice to assert a claim that his consent is required.
(b) The notice requiredunder subsection (a) of this section shall contain the special proceeding casecaption and file number and shall be substantially similar to the followinglanguage:
"[Name of the biologicalmother], the biological mother, is expected to give birth to a child on orabout [birth due date]. You have been identified as the biological father. Itis the intention of the biological mother to place the child for adoption. Itis her belief that your consent to the adoption is not required. If you believeyour consent to the adoption of this child is required pursuant to G.S. 48‑3‑601,you must notify the court in writing no later than 15 days from the date youreceived this notice that you believe your consent is required. A copy of yournotice to the court must also be sent to the person or agency that sent youthis notice. If you fail to notify the court within 15 days that you believeyour consent is required, the court will rule that your consent is notrequired."
(c) If the biologicalfather fails to respond within the time required, the court shall enter anorder that the biological father's consent is not required for the adoption. Abiological father who fails to respond within the time required under thissection is not entitled to notice under G.S. 48‑2‑401(c) of anadoption petition filed within three months of the birth of the minor or toparticipate in the adoption proceeding.
(d) If the biological fathernotifies the court within 15 days of his receipt of the notice required bysubsection (a) of this section that he believes his consent to the adoption isrequired, on motion of the petitioner, the court shall hold a hearing todetermine whether the consent of the biological father is required. Promptly onreceipt of the petitioner's motion, the court shall set a date for the hearingno earlier than 60 days nor later than 70 days after the biological fatherreceived the notice required by subsection (a) of this section and shall notifythe petitioner and the biological father of the date, time, and place of thehearing. The notice of hearing to the biological father shall include astatement substantially similar to the following:
"To the biological fathernamed above: You have told the court that you believe your consent is necessaryfor the adoption of the child described in the notice sent to you earlier. Thishearing is being held to decide whether your consent is in fact necessary.Before the date of the hearing, you must have taken steps under G.S. 48‑3‑601to establish that your consent is necessary or this court will decide that yourconsent is not necessary and the child can be adopted without it."
During the hearing, the court maytake such evidence as necessary and enter an order determining whether or notthe consent of the biological father is necessary. If the court determines thatthe consent of the biological father is not required, that individual is notentitled to receive notice under G.S. 48‑2‑401(c) of an adoptionpetition filed within three months of the birth of the minor or to participatein the adoption proceeding.
(e) The manner ofservice under this section shall be the same as set forth in G.S. 48‑2‑402.
(f) The jurisdictionprovisions of Article 6A of Chapter 1 of the General Statutes and the venueprovisions of Article 7 of Chapter 1 of the General Statutes rather than theprovisions of Part 1 of this Article apply to proceedings under this section.
(g) Computation ofperiods of time provided for in this section shall be calculated as set forthin G.S. 1A‑1, Rule 6.
(h) Transfer under G.S.1‑301.2 and appeal under G.S. 1‑279.1 shall be as for an adoptionproceeding.
(i) A determination bythe court under this section that the consent of the biological father is notrequired shall only apply to an adoption petition filed within three months ofthe birth of the minor. (1997‑215, s. 14; 2002‑159, s. 11; 2005‑166, s. 1.)