The completion of a legal adoption is oftentimes a cause for celebration and the marker of a new family dynamic. Adoption can come in many forms and ages. There are stepparent adoptions, kindred adoptions (where family members of the biological parent adopt a related child, like a niece or nephew), international adoption, adoption out of the foster care system, and others. Children can be adopted as young as a newborn and as old as 17 in a parent-child adoption. In North Carolina, one must be at least 18 years old to adopt and in the case of adopting from the state, a prospective parent must submit to assessments such as a review of one’s documents and employment status and home visits by a licensed social worker (or similar professional.) Regardless of the type of adoption being granted, biological parents must have terminated their rights to the child as their parent; this can be voluntarily consented to or forced by the state.
After an adoption is finalized, it may seem that the new family is finished with the court system and free to move forward without further intervention. In many cases, this is true. However, one final step might include the need, or desire, to change the child’s first or last name. There are many reasons parents might want to pursue a name change for their new child: to match the last name to their own, for insurance purposes like adding the child to their health insurance, to create an easier transition as the child begins school, to have the child’s name match that of their new siblings, or other reasons such as the child’s wishes.
In North Carolina, a name change must be granted through the judicial system. While there are nuances between different countries, a few general requirements must be met. The most common way to pursue a child’s name change is to modify their birth certificate. To do so, parents must provide an original, certified adoption decree, a court order, or a Report to Vital Records sent from the NC Department of Social Services for adoption in the state or from an out-of-state court or government agency. Parents must request to modify the birth certificate and pay a required fee to have the new certificate issued. The request may be made under the adoption, however, post-adoption name changes will still be issued with appropriate documentation and request. The previous birth certificate will then be legally sealed and accessible only through a court order.
The process may seem daunting, but the NC Department of Social Services tries to map the steps out as clearly as possible. However, it is often recommended to have legal assistance to help navigate the intricacies such as obtaining court orders and filing termination of parental rights in the cases that require it.
If you are involved in a child adoption case and need representation or simply have general questions, call King Law today. You don’t have to navigate this journey in the dark or alone. Call 888-748-KING or complete a consultation request form on our website. For more information visit our child custody blog section or family law page.
