NC General Statutes

N.C. Gen. Stat. § 48-2-100 (2026)

Jurisdiction

✓ current as of July 2026

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(a) Adoption shall be by a special proceeding before the clerk of superior court.

(a1) The district court shall have jurisdiction over post-adoption contact agreements and orders pursuant to Article 9A [Article 9] of Chapter 7B of the General Statutes.

(b) Except as provided in subsection (c) of this section, jurisdiction over adoption proceedings commenced under this Chapter exists if, at the commencement of the proceeding:

(1) The adoptee has lived in this State for at least the six consecutive months immediately preceding the filing of the petition or from birth;

(2) The prospective adoptive parent has lived in or been domiciled in this State for at least the six consecutive months immediately preceding the filing of the petition; or

(3) An agency licensed by this State or a county department of social services in this State has legal custody of the adoptee.

(c) The courts of this State shall not exercise jurisdiction under this Chapter if at the time the petition for adoption is filed, a court of any other state is exercising jurisdiction substantially in conformity with the Uniform Child-Custody Jurisdiction and Enforcement Act, Article 2 of Chapter 50A of the General Statutes. However, this subsection shall not apply and the courts of this State may exercise jurisdiction under this Chapter if either of the following apply:

(1) The matter in which the other state is exercising jurisdiction places custody of the adoptee in an agency, the petitioner, or another custodian expressly in support of an adoption plan that does not identify a specific prospective adoptive parent other than the petitioner.

(2) Prior to the decree of adoption being granted, the court of the other state dismisses its proceeding or releases its exclusive, continuing jurisdiction. (1949, c. 300; 1963, c. 699; 1967, c. 619, ss. 1-3; c. 693; c. 880, s. 3; 1969, c. 21, ss. 3-6; 1971, c. 233, s. 1; c. 395; c. 1231, s. 1; 1973, c. 849, s. 3; c. 1354, ss. 1-4; 1975, c. 91; 1979, c. 107, s. 6; 1981, c. 657; 1983, c. 454, s. 6; 1989, c. 208; c. 727, s. 219(4); 1993, c. 553, s. 14; 1995, c. 88, ss. 3, 4; c. 457, s. 2; 1999-223, s. 8; 2007-151, s. 2; 2015-54, s. 3; 2019-172, s. 3; 2025-16, s. 1.18(d).)

Notes of Decisions

Cited in 4 cases, 1997–2013 · leading case: Boseman v. Jarrell, 704 S.E.2d 494 (N.C. 2010).

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Boseman v. Jarrell, 704 S.E.2d 494 (N.C. 2010). · cites it 50× “Plaintiff responds that the adoption court "was acting within its subject matter jurisdiction to preside over adoption proceedings" as set forth in N.C.G.S. § 48-2-100. Further, plaintiff asserts that, given the General Assembly's desire to have Chapter 48 "liberally construed…”

Boseman v. Jarrell, 681 S.E.2d 374 (N.C. Ct. App. 2009). · cites it 7× “N.C. Gen. Stat. § 48-2-100 (b) (2005). Thus, statutory subject matter jurisdiction is determined by the residence of the parties to the adoption.”

In re S.D.W., 745 S.E.2d 38 (N.C. Ct. App. 2013). · cites it 2× “Thus, where the adoption statutes provide a procedure different than that set out in the Rules of Civil Procedure, the adoption statutes govern.”

In re Asbury, 479 S.E.2d 229 (N.C. Ct. App. 1997). · cites it 2× “N.C. Gen. Stat. § 48-2-100 (a) (1995). Because no adoption petition appears to have been filed in this case and the guardian ad litem was seeking only to prohibit the DSS from moving N.”

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