§ 48-3-601. Persons whose consent to adoption is required.
Part 6. Consent to Adoption.
§ 48‑3‑601. Persons whose consent to adoption is required.
Unless consent is not requiredunder G.S. 48‑3‑603, a petition to adopt a minor may be grantedonly if consent to the adoption has been executed by:
(1) The minor to beadopted if 12 or more years of age;
(2) In a directplacement, by:
a. The mother of theminor;
b. Any man who may ormay not be the biological father of the minor but who:
1. Is or was married tothe mother of the minor if the minor was born during the marriage or within 280days after the marriage is terminated or the parties have separated pursuant toa written separation agreement or an order of separation entered under Chapters50 or 50B of the General Statutes or a similar order of separation entered by acourt in another jurisdiction;
2. Attempted to marrythe mother of the minor before the minor's birth, by a marriage solemnized inapparent compliance with law, although the attempted marriage is or could bedeclared invalid, and the minor is born during the attempted marriage, orwithin 280 days after the attempted marriage is terminated by annulment,declaration of invalidity, divorce, or, in the absence of a judicialproceeding, by the cessation of cohabitation;
3. Before the filing ofthe petition, has legitimated the minor under the law of any state;
4. Before the earlierof the filing of the petition or the date of a hearing under G.S. 48‑2‑206,has acknowledged his paternity of the minor and
I. Is obligated tosupport the minor under written agreement or by court order;
II. Has provided, inaccordance with his financial means, reasonable and consistent payments for thesupport of the biological mother during or after the term of pregnancy, or thesupport of the minor, or both, which may include the payment of medicalexpenses, living expenses, or other tangible means of support, and hasregularly visited or communicated, or attempted to visit or communicate withthe biological mother during or after the term of pregnancy, or with the minor,or with both; or
III. After the minor'sbirth but before the minor's placement for adoption or the mother'srelinquishment, has married or attempted to marry the mother of the minor by amarriage solemnized in apparent compliance with law, although the attemptedmarriage is or could be declared invalid; or
5. Before the filing ofthe petition, has received the minor into his home and openly held out theminor as his biological child; or
6. Is the adoptivefather of the minor; and
c. A guardian of theminor; and
(3) In an agencyplacement by:
a. The agency thatplaced the minor for adoption; and
b. Each individualdescribed in subdivision (2) of this section who has not relinquished the minorpursuant to Part 7 of Article 3 of this Chapter. (1949, c. 300; 1953, c. 906;1957, c. 90; c. 778, ss. 3‑5; 1961, c. 186; 1969, c. 534, s.1; c. 911,ss. 6, 7; c. 982; 1971, c. 1093, s. 13; c. 1185, s. 17; 1973, c. 1354, s. 5;1975, c. 321, s. 1; c. 702, ss. 1‑3; c. 714; 1977, c. 879, ss. 2, 3, 5;1979, c. 107, s. 7; 2nd Sess., c. 1088, s. 1; 1983, cc. 30, 292; c. 454, ss. 2,6; 1985, c. 758, ss. 5‑11; 1987, c. 371, s. 1; 1995, c. 457, s. 2; 1997‑215,s. 16.)