§ 48-2-605. Hearing on petition to adopt an adult.

248 words·~1 min read·/nc/chapter-48/48-2-605

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)At the hearing on a petition to adopt an adult, the prospective adoptive parent and the adoptee shall both appear in person, unless the court waives this requirement for cause, in which event an appearance may be made for either or both of them by an attorney authorized in writing to make the appearance.

(b)At the hearing, the court shall grant the petition for adoption upon finding by a preponderance of the evidence all of the following:

(1)At least 30 days have elapsed since the filing of the petition for adoption, but the court for cause may waive this requirement;

(2)Notice of the petition has been served on any person entitled to receive notice under Part 4 of this Article;

(3)Each necessary consent, waiver, document, or judicial order has been obtained and filed with the court;

(4)The adoption is entered into freely and without duress or undue influence for the purpose of creating the relation of parent and child between each petitioner and the adoptee, and each petitioner and the adoptee understand the consequences of the adoption; and

(5)There has been substantial compliance with the provisions of this Chapter. (1967, c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971, c. 1231, s. 1; 1973, c. 849, s. 3; 1975, c. 91; 1981, c. 657; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 457, s. 2.)