(a) If it appears to the court that a petition to adopt a minor is not contested, the court may dispose of the petition without a formal hearing.
(a1) If an issue of fact, an equitable defense, or a request for equitable relief is raised before the clerk, the clerk shall transfer the proceeding to the district court under G.S. 1-301.2.
(b) No later than 90 days after a petition for adoption has been filed, the court shall set a date and time for hearing or disposing of the petition.
(c) The hearing or disposition must take place no later than six months after the petition is filed, but the court for cause may extend the time for the hearing or disposition. (1949, c. 300; 1953, c. 571; 1959, cc. 340, 561; 1961, cc. 186, 384; 1967, c. 19; c. 619, s. 4; 1969, c. 982; 1973, c. 1354, s. 6; 1989 (Reg. Sess., 1990), c. 977, s. 1; 1995, c. 457, s. 2; 1997-215, s. 10(a); 2002-159, s. 12.)
Notes of Decisions
Cited in
4
cases, 2010–2018 · leading case:
In re S.D.W., 745 S.E.2d 38 (N.C. Ct. App. 2013).
In re S.D.W., 745 S.E.2d 38 (N.C. Ct. App. 2013).
· cites it 2× “For the following reasons, we hold that N.C. Gen. Stat. § 48-2-601 may be unconstitutional as applied to father if he can show that he promptly attempted to grasp the opportunity of fatherhood once he discovered his son’s existence, but the statute foreclosed that opportunity.”
In re S.K.G., 808 S.E.2d 926 (N.C. Ct. App. 2018).
· cites it 2× “See N.C. Gen. Stat. § 48-2-601 (a1) (2015). The matter was heard in Wake County District Court before the Honorable Ned Mangum on 3 and 4 November 2016.”
Norris v. Norris, 692 S.E.2d 190 (N.C. Ct. App. 2010).
· cites it 2× “Here, in this case, the clerk did not enter an order pursuant to N.C. Gen. Stat. § 48-2-601 (al) transferring the adoption action to the district court.”
Fisher, 745 S.E.2d 883 (N.C. Ct. App. 2013).
· cites it 2× “On 4 September 2012, the clerk issued an order transferring both respondent’s appeal from the clerk’s order and his Motion to Set Aside to district court pursuant to N.C. Gen. Stat. §§ 48-2-601 and 1-301.2. Both matters came on for hearing before the Honorable Debra Sasser who…”
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