§ 48-2-401. Notice by petitioner.
Part 4. Notice of Pendency ofProceedings.
§ 48‑2‑401. Notice by petitioner.
(a) No later than 30days after a petition for adoption is filed pursuant to Part 3 of this Article,the petitioner shall serve notice of the filing on the persons required to receivenotice under subsections (b), (c), and (d) of this section.
(b) In all adoptions,the petitioner shall serve notice of the filing on each of the following:
(1) Any individual whoseconsent to the adoption is required but has not been obtained, has been revokedin accord with this Chapter, or has become void as provided in this Chapter.
(2) The spouse of thepetitioner if that spouse is required to join in the petition and petitioner isrequesting that the joinder requirement be waived, provided the court for causemay waive this notice requirement.
(3) Any individual whohas executed a consent or relinquishment, but who the petitioner has actuallybeen informed has filed an action to set it aside for fraud or duress.
(4) Any other persondesignated by the court who can provide information relevant to the proposedadoption.
(c) In the adoption ofa minor, the petitioner shall also serve notice of the filing on each of thefollowing:
(1) A minor whoseconsent is dispensed with under G.S. 48‑3‑603(b)(2).
(2) Any agency thatplaced the adoptee.
(3) A man who to theactual knowledge of the petitioner claims to be or is named as the biologicalor possible biological father of the minor, and any biological or possiblebiological fathers who are unknown or whose whereabouts are unknown, but noticeneed not be served upon a man who has executed a consent, a relinquishment, ora notarized statement denying paternity or disclaiming any interest in theminor, a man whose parental rights have been legally terminated or who has beenjudicially determined not to be the minor's parent, or, provided the petitionis filed within three months of the birth of the minor, a man whose consent tothe adoption has been determined not to be required under G.S. 48‑2‑206.
(4) Any individual whothe petitioner has been actually informed has legal or physical custody of theminor or who has a right of visitation or communication with the minor under anexisting court order issued by a court in this State or another state.
(d) In the adoption ofan adult, the petitioner shall also serve notice of the filing on any adultchildren of the prospective adoptive parent and any parent, spouse, or adultchild of the adoptee who are listed in the petition to adopt; provided thecourt for cause may waive the requirement of notice to a parent of an adultadoptee.
(e) Only those personsidentified in subsections (b), (c), and (d) of this section are entitled tonotice of the proceeding.
(f) A notice requiredunder this section must state that the person served must file a response tothe petition within 30 days after service in order to participate in and toreceive further notice of the proceeding, including notice of the time andplace of any hearing.
(g) Issuance of asummons is not required to commence an adoption proceeding under this Chapter. (1949, c. 300; 1957, c. 778,s. 5; 1969, c. 911, s. 6; 1971, c. 1093, s. 13; 1973, c. 1354, s. 5; 1983, c.30; c. 454, ss. 2, 6; 1995, c. 457, s. 2; 1997‑215, s. 2; 2001‑208,s. 12; 2001‑487, s. 101; 2005‑166, s. 5; 2009‑185, s. 3.)