North Carolina § 48-2-301 - Petition for adoption; who may file.
Full text of North Carolina North Carolina General Statutes § 48-2-301 — Petition for adoption; who may file., with citation guidance and answers to common questions.
§ 48-2-301. Petition for adoption; who may file.
A prospective adoptive parent may file a petition for adoption pursuant to Article 3 of this Chapter only if a minor has been placed with the prospective adoptive parent pursuant to Part 2 of Article 3 of this Chapter unless the requirement of placement is waived by the court for cause. Except as authorized by Articles 4 and 6 of this Chapter, the spouse of a petitioner must join in the petition, unless the spouse has been declared incompetent or unless this requirement is otherwise waived by the court for cause. If the individual who files the petition pursuant to Article 3 of this Chapter is unmarried, no other individual may join in the petition, except that a man and a woman who jointly adopted a minor child in a foreign country while married to one another must readopt jointly as provided in G.S. 48-2-205, and the survivor of the man and the woman who jointly adopted a minor child in a foreign country while married to one another may file to adopt in the names of both, as provided in G.S. 48-2-205. History (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. 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, s. 3; c. 457, s. 2; 2009-185, s. 2.1; 2019-172, s. 4(b).) Effect of Amendments. - Session Laws 2009-185, s. 2.1, effective June 26, 2009, added the exception at the end of subsection (c). Session Laws 2019-172, s. 4(b), effective October 1, 2019, inserted "pursuant to Article 3 of this Chapter" after the first instance of "petition" in subsection (c); and added "and the survivor of the man and the woman who jointly adopted a minor child in a foreign country while married to one another may file to adopt in the names of both, as provided in G.S. 48-2-205" at the end of subsection (c).
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 48-2-301
What does North Carolina General Statutes § 48-2-301 cover?
Section 48-2-301 ("Petition for adoption; who may file.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Carolina § 48-2-301?
A common citation format is "North Carolina General Statutes § 48-2-301" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.
How does North Carolina § 48-2-301 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.