State Laws and Legislation

North Carolina Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
North Carolina law permits any adult to petition to adopt. N.C. GEN. STAT. § 48-1-103.

Permits a same-sex couple to jointly petition to adopt? No.
State law provides that, “If the individual who files the petition is unmarried, no other individual may join in the petition.” (N.C. GEN. STAT. § 48-2-301)

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, and some lower courts have allowed second-parent adoptions to proceed.  Additionally, a recent decision by the State Court of Appeals allowed a second-parent adoption to stand.  Judge Wanda Bryant wrote in the court’s opinion that, "While [state law] does not specifically address same-sex adoptions, these statutes do make clear that a wide range of adoptions are contemplated and permitted, so long as they protect the minor’s 'needs, interests, and rights." Boseman v. Jarrell, 681 S.E.2d 374, 381 (2009).


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Updated: Mon, December 14, 2009 - 12:59:59