NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 880

HOUSE BILL 1152

 

 

AN ACT TO AMEND CHAPTER 48 OF THE GENERAL STATUTES TO PROVIDE FOR THE ADOPTION OF PERSONS WHO ARE MORE THAN 21 YEARS OF AGE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 48 of the General Statutes, as it appears in the 1966 Replacement Volume 2A of the General Statutes, is hereby amended by deleting the title thereof, consisting of the words "Adoption of Minors," and by inserting in the place thereof, a new title consisting of the word "Adoptions."

Sec. 2.  Chapter 48 of the General Statutes is hereby further amended by deleting the caption of G.S. 48-3, consisting of the words "Who may be adopted," and by inserting in the place thereof a new caption consisting of the words "What minor children may be adopted."

Sec. 3.  Chapter 48 of the General Statutes is hereby further amended by adding immediately after G.S. 48-35, a new Section to be designated §48-36, as follows:

"§ 48-36.  Adoption of persons who are 21 or more years of age. (a) Any person who is 21 or more years of age, or any two such persons who are lawfully married to each other, may petition the clerk of superior court that such person or persons be declared the adoptive parents of any other person who is 21 or more years of age who shall file with the clerk written consent to such adoption. The petitioners and the person to be adopted must have resided in North Carolina or on a Federal territory therein for six months immediately preceding the filing of the petition. The petition and consent must be filed in the county where the person to be adopted resides. The clerk shall not enter any order granting the petition until it has been made to appear to him that one copy each of the petition and the consent have been posted at the courthouse door continuously for 10 days immediately preceding such order. For good cause shown, the clerk may issue an order declaring the petitioners to be the adoptive parents of the person consenting to be adopted.

"(b)      Upon entry of the order of adoption in accordance with the provisions of subsection (a) of this Section, the rights, duties, and obligations of the adoptive parents and the person adopted shall be, in relation to each other, and in relation to all other persons, the same as if the adoption had been completed under the provisions of this Chapter other than those contained in this Section, and as if the adoption had taken place immediately before the person adopted became 21 years of age; Provided, however, the provisions of this Section shall not relieve any person of any duty to support any other person, nor shall the provisions of this Section relieve any person of any criminal liability, arising under any other provision of law, for failure to provide support for any person.

"(c)       Except as provided in subsection (b) of this Section, the provisions of this Chapter which are not a part of this Section shall not apply to the adoption of persons who are more than 21 years of age.

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall be effective on and after July 1, 1967.

In the General Assembly read three times and ratified, this the 21st day of June, 1967.