Bill Summary – FastDemocracy

FILED SENATE
                                                                                           Apr 5, 2023
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                 S.B. 615
                                      SESSION 2023           PRINCIPAL CLERK
     S                                                                    D
                               SENATE BILL DRS15272-NJ-12
     Short Title:   Adoption Law Changes.                                                         (Public)
     Sponsors:      Senators Galey, Barnes, and Krawiec (Primary Sponsors).
     Referred to:
                                A BILL TO BE ENTITLED
 AN ACT TO ALLOW ADULT ADOPTEES TO BE ADOPTED BY A FORMER
    STEPPARENT, THE REMOVAL OF CERTAIN REDACTION RESTRICTIONS FROM
    ADOPTION HOME STUDIES, AND THE EXPANSION OF ACKNOWLEDGMENT
    OPTIONS FOR AGENCY RELINQUISHMENTS FOR ADOPTION.
 The General Assembly of North Carolina enacts:
 7
 PART I. ADOPTION OF ADULT ADOPTEE BY FORMER STEPPARENT
              SECTION 1.1. G.S. 48-1-101 is amended by adding a new subdivision to read:
              "(7a) "Former stepparent" means an individual who was the spouse of a parent of a
                      child, but who is not a genetic parent or adoptive parent of the child, and who
                      has become divorced from the parent of the child."
              SECTION 1.2. G.S. 48-1-106 reads as rewritten:
 "§ 48-1-106. Legal effect of decree of adoption.
     …
     (c)      A Subject to subsection (d) of this section, a decree of adoption severs the relationship
 of parent and child between the individual adopted and that individual's biological or previous
 adoptive parents. After the entry of a decree of adoption, the former parents are relieved of all
 legal duties and obligations due from them to the adoptee, except that a former parent's duty to
 make past-due payments for child support is not terminated, and the former parents are divested
 of all rights with respect to the adoptee.
     (d)      Notwithstanding any other provision of this section, neither an adoption by a
 stepparent nor a readoption pursuant to G.S. 48-6-102 has any effect on the relationship between
 the child and the parent who is the stepparent's spouse.a decree of adoption shall not affect the
 relationship between the child and the parent who is the stepparent's spouse or the stepparent's
 former spouse in any of the following circumstances:
              (1)     An adoption by a stepparent.
              (2)     An adoption of an adult adoptee by a former stepparent who is unmarried or
                      whose current spouse does not join in the petition.
              (3)     A readoption pursuant to G.S. 48-6-102.
     …."
              SECTION 1.3. G.S. 48-5-101(b) reads as rewritten:
     "(b) If a prospective adoptive parent is married, both spouses must join in the petition
 unless the prospective adoptive parent is the adoptee's stepparent stepparent, former stepparent,
 or unless the court waives this requirement for cause."
36
                                     *DRS15272-NJ-12*
     General Assembly Of North Carolina                                                    Session 2023
 PART II. REDACTION OF INFORMATION FROM ADOPTION HOME STUDY
              SECTION 2.1. G.S. 48-3-202(b) reads as rewritten:
     "(b) Information about a prospective adoptive parent shall be provided to a prospective
 placing parent or guardian by the prospective adoptive parent, the prospective adoptive parent's
 attorney, or a person or entity assisting the parent or guardian. Except as otherwise provided in
 this subsection, this information shall include the preplacement assessment prepared pursuant to
 Part 3 of this Article, and may include additional information requested by the parent or guardian.
 The agency preparing the preplacement assessment may redact from the preplacement
 assessment the information described in G.S. 48-3-303(c)(12).The information described in
 G.S. 48-3-303(c)(12) may be redacted from the preplacement assessment."
              SECTION 2.2. G.S. 48-3-303(c)(12) reads as rewritten:
              "(12) The agency preparing the preplacement assessment may redact following
                      information may be redacted from the preplacement assessment provided to a
                      placing parent or guardian (i) detailed information reflecting the prospective
                      adoptive parent's income, expenditures, assets, liabilities, and social security
                      numbers, and (ii) detailed information about the prospective adoptive parent's
                      extended family members, including surnames, names of employers, names
                      of schools attended, social security numbers, telephone numbers and
                      addresses, and and (iii) other similarly detailed information about extended
                      family members obtained under subsections (b) and (c) of this section."
21
 PART III. EXPAND ACKNOWLEDGMENT OPTIONS FOR AGENCY
 RELINQUISHMENTS FOR ADOPTION
            SECTION 3.1. G.S. 48-3-702(b) reads as rewritten:
     "(b) The provisions of G.S. 48-3-605(b), (e), (f), and (g) (g), and (h) also apply to a
 relinquishment executed under this Part."
27
 PART IV. EFFECTIVE DATE
          SECTION 4.1. This act becomes effective October 1, 2023.
     Page 2                                                                           DRS15272-NJ-12
Statutes affected: 
Edition 2: 7B-400, 7B-602
Ratified: 35A-1264, 35A-1101, 35A-1106, 35A-1107, 35A-1108, 35A-1109, 35A-1116, 35A-1201, 35A-1207, 35A-1214, 35A-1217, 35A-1242
SL 2023-124: 35A-1264, 35A-1101, 35A-1106, 35A-1107, 35A-1108, 35A-1109, 35A-1116, 35A-1201, 35A-1207, 35A-1214, 35A-1217, 35A-1242