The DSS-5163 form serves as a critical document in the process of adult adoption within the State of North Carolina, outlining the necessary information and procedural requirements for petitioning an adult adoption in the General Court of Justice, District Court Division. This form captures detailed information about the petitioning parent(s) and adoptee, including biographical details, residency, relationships, and any relevant financial details of the adoptee, ensuring a thorough legal process. If you're considering the adoption of an adult in North Carolina, familiarizing yourself with the DSS-5163 form is an essential step toward forming a new family bond.
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In the intricate tapestry that is the legal adoption process, the State of North Carolina offers a specific procedure for the adoption of adults, encapsulated within the DSS-5163 form. This form serves as a formal petition to the General Court of Justice, District Court Division, where petitioning parent(s) apply for the legal adoption of an adult. It requires detailed information, including the full names of the petitioning parents, the adoptee's new name if the adoption is granted, and personal details such as sex, marital status, and residence. The form meticulously captures the prerequisites for such an adoption, emphasizing the residency requirements for either the petitioner(s) or the adoptee within the state, the relational dynamics between the parties involved, and any pertinent familial connections that might affect the adoption. Further, it delves into the financial aspects by soliciting information on the adoptee's property, if any, especially if said adoptee is adjudicated incompetent. These elements underscore the comprehensive nature of the DSS-5163 form, which not only facilitates adult adoptions through a structured legal framework but also aligns with the statutes outlined in N.C.G.S. 48-5-100, et seq., ensuring that the process respects the laws governing adoption in North Carolina. By requiring acknowledgement and sworn affirmation from the petitioning parties, the form also secures a level of solemnity and veracity to the proceedings, underscoring the seriousness with which the state approaches the adoption of adults and the creation or affirmation of familial bonds under its jurisdiction.
STATE OF NORTH CAROLINA
COUNTY
(Full name of petitioning parent 1)
(Full name of petitioning parent 2)
FOR THE ADOPTION OF
(Full name by which adult adoptee is to be known if adoption granted)
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION BEFORE THE CLERK
SP
PETITION FOR
ADULT ADOPTION
To the Honorable, Clerk of the Superior Court of
____________________County:
We (1), the undersigned,
(Name of petitioning parent 1)
(Sex)
(Marital Status)
and/or
whose address is
(Name of petitioning parent 2)
I
(Street & Number)
(RFD)
(City)
(County)
(State)
do hereby petition the Court for leave to adopt
(Name by which the adoptee is to be known)
, an adult, pursuant to N.C.G.S. 48-5-100, et. seq., and represent to the Court:
1.That the petitioner(s) herein seeking adoption has/have lived in or been domiciled in North Carolina for at
least six consecutive months immediately preceding the filing of this petition; or the adoptee has lived in North Carolina for at least six consecutive months immediately preceding the filing of this petition or from birth.
2.
That
was born in the State/Country of
(Original Name of Adult Adoptee)
on the
day of
3.That the petitioner(s) is/are [related] [not related] to the said adult adoptee in the following manner:
_________________________________________________________________________________________
4.That the following are the name, age, and last known address of any adult child of the prospective adoptive parent, including an adult previously adopted by the prospective adoptive parent or the adoptive parent's spouse, and the date and place of the adoption:
5.That the following are the name, age, and last known address of any living parent, spouse, or adult child of adoptee:
DSS-5163 (Rev. 11/2014)
Child Welfare Services
Page 1 of 2
6.That the following is a description and estimate of the value of any property of the adoptee, if adjudicated incompetent:
7.That the adoptee’s true name as it appears on his/her birth certificate is:
8.
That the adoptee is presently married to
, having been
married on or about the
____day of
__________I ____________
WHEREFORE, your petitioner(s) pray(s) that the relationship of parent and child be established between petitioner(s) and said adult and that the adult adoptee's name [remain] [be changed to]
__________________________________________________________________pursuant to G. S. 48-9-102 (g).
This the
___________________________________Signature of Petitioner 1
__________________________________ Signature of Petitioner 2
ACKNOWLEDGMENT
, being duly sworn, deposes and says that he/she has read the foregoing Petition and that the facts set forth therein are true to his/her knowledge, except as to matters therein set forth upon information and belief,, and as to those such matters he/she believes them to be true.
__________________________________Signature of Petitioner 1
__________________________________Signature of Petitioner 2
Subscribed and sworn to before me this
(S E A L)
Clerk Superior Court or Notary Public
My commission expires:
________________________________________________________________________________________________
Attorney for petitioner/s(Mailing Address)
_________________________________________________________________________________________________
(Telephone Number)
(City or Town)
NOTE: The DSS-5163 is prepared in duplicate. The original form is held in the Office of the Clerk of Superior Court. A copy is forwarded, along with originals of all other documents filed in proceeding, within ten days following the entry of the Decree of Adoption by the Clerk of Court to the Division of Social Services, State Department of Health and Human Services.
Page 2 of 2
Filling out the DSS-5163 form for an adult adoption in North Carolina requires careful attention to detail to accurately relay the intention and circumstances of the petitioners. This form is instrumental in establishing a legal relationship between the adult adoptee and the petitioners, crucial for affirming the familial bonds through the judicial system. The steps outlined below are designed to guide petitioners through this process, making sure all the necessary information is provided to the court.
Once the DSS-5163 form has been accurately filled out and signed, it initiates a process involving judicial review to establish the legal relationship between the petitioner(s) and the adult adoptee. It's imperative to note that the original form, along with duplicates and all other relevant documents, must be submitted to the appropriate court clerk. Careful adherence to these instructions and thorough completion of the form will ensure clarity in intentions and facilitate a smoother process through the court system.
What is the DSS-5163 form used for?
The DSS-5163 form is used in the state of North Carolina for individuals who wish to petition the court for the adoption of an adult. This form serves as a formal request to the court, outlining the petitioner's desire to establish a legal parent-child relationship with the adult adoptee. It includes necessary details about the petitioner(s), the adoptee, and their relationship, as well as information on any property the adoptee has if they are adjudicated incompetent.
Who needs to fill out the DSS-5163 form?
This form needs to be filled out by the person or persons petitioning for the adult adoption. This could include one individual or a married couple who are seeking to adopt an adult and have met the residency requirements as outlined in the form. Both petitioners, if applicable, must provide their information and sign the document.
Where do I submit the DSS-5163 form once it's completed?
Once the DSS-5163 form is completed, it must be submitted to the Clerk of the Superior Court in the county where the petitioner(s) resides. This submission marks the formal request for adult adoption, commencing the legal process in the General Court of Justice District Court Division.
What information is required on the DSS-5163 form?
The form requires detailed information about both the petitioning individual(s) and the adult being adopted. This includes the names, sex, marital status, and addresses of the petitioners, as well as similar information for the adoptee. Petitioners must also disclose their relationship to the adoptee, information about the adoptee's biological family if applicable, the adoptee's property if they are adjudicated incompetent, and any changes to the adoptee's name that will result from the adoption.
Are there any residency requirements for filing the DSS-5163 form?
Yes, there are specific residency requirements stated in the form. Either the petitioner(s) must have lived in or been domiciled in North Carolina for at least six consecutive months immediately preceding the filing of the petition, or the adoptee must meet this residency requirement. This ensures that the court has jurisdiction over the adoption case.
Filling out the DSS-5163 form is a critical step in the adult adoption process in North Carolina, but it’s also one where many people make mistakes. One common error is not ensuring that all names are completed exactly as they appear on official documents. Specifically, the adoptee’s name as it appears on their birth certificate must be accurately reflected in the section related to the adoptee's true name. Incorrect or incomplete names can lead to delays or the rejection of the petition.
Another mistake involves residency requirements. Petitioners often overlook the detail that either the petitioner(s) or the adoptee must have lived in or been domiciled in North Carolina for at least six consecutive months immediately preceding the filing of this petition. This detail is crucial for the petition to be valid, and failing to accurately represent residency status might invalidate the application.
Additionally, accurately detailing the relationship between the petitioner(s) and the adoptee is a step frequently mishandled. Being related or not related to the adoptee must be clearly stated, with a specific description of the relationship. Vague or inaccurate descriptions can lead to unnecessary questions or complications during the review process.
Mishandling the inclusion of information about the adoptee’s and petitioner’s family members is another common pitfall. The form requires the names, ages, and last known addresses of any living parents, spouses, adult children of the adoptee, and any adult child or previously adopted adult by the prospective parent or their spouse. Missing or incomplete information in this section can raise red flags during the adoption process.
Failure to adequately describe and estimate the value of any property of the adoptee, if adjudicated incompetent, is another error people make. This information is vital to ensure that the adoptee's financial interests are protected in the adoption process. Overlooking or undervaluing this section undermines the integrity of the petition.
Incorrectly answering questions about the adoptee’s marital status can also derail the process. The form asks specifically if the adoptee is presently married, when they were married, and to whom. Accuracy here is paramount, as the adoptee’s marital status can significantly impact the adoption proceedings.
Lastly, a common oversight is not properly executing the acknowledgment section at the end of the form. Both petitioners must swear that they have read the petition, understand its contents, and believe the facts stated within are true. This swearing must occur in front of a Notary Public or Clerk Superior Court, with the appropriate dates and seals affixed. Failure to properly complete this section can invalidate the entire petition.
In conclusion, while filling out the DSS-5163 form might seem straightforward, it contains several pitfalls that can easily trip up applicants. Paying close attention to detail, thoroughly reviewing all filled sections for accuracy, and ensuring the form is completed in its entirety are crucial steps in avoiding these common mistakes. Such diligence will facilitate a smoother adoption process, benefiting all involved parties.
When processing an adult adoption application in North Carolina, the DSS-5163 form acts as a petition for the adoption. However, it is often accompanied by other important documents and forms that are essential for a comprehensive case presentation to the court. These documents help in providing a detailed background, necessary consents, and legal assurances for a smooth adoption process.
Each document plays a crucial role in the adult adoption process, aiding the court in making well-informed decisions. These additional forms ensure that the adoptee's rights are protected, that all necessary consents are obtained, and that the legal requirements for establishing a new parent-child relationship are fully met.
A document similar to the DSS 5163 form is the Petition for Name Change form, which is used when an individual seeks to legally change their name through the court. Both forms require the petitioner to provide detailed personal information, including current name, desired name, and the reasons for the request. Also, each form necessitates an acknowledgment section where the petitioner swears the accuracy of the information provided before a notary public or clerk, underscoring the formal legal process involved in name changes and adult adoptions.
The Consent to Adoption form embodies similarities to the DSS 5163 form, especially in adoption proceedings. It's imperative in both instances for parties to supply comprehensive identification details and to express their concurrence with the adoption process. The consent form, like the DSS 5163, plays a pivotal role in legally documenting the agreement of all involved parties, ensuring the protection of the adoptee’s rights. This demonstrates how consent forms and petitions for adoption collectively facilitate the legal restructuring of familial relationships.
Another analogous document is the Affidavit of Parentage. This legal document is utilized to officially recognize the biological parents of a child. Similar to the DSS 5163 form, it requires detailed information about the parties involved and substantiates relationships through legal acknowledgment. Both forms serve to legally establish familial bonds, though they are employed in distinct circumstances—affidavits for biological acknowledgment at birth, and the DSS 5163 for the adoption of adults.
The Decree of Adoption, issued upon the successful completion of an adoption process, resonates with elements of the DSS 5163 form. Both documents ultimately aim to legally validate and recognize the establishment of a parent-child relationship. While the DSS 5163 form is the petition that initiates this legal journey, the Decree of Adoption is the conclusive document, certifying the court's approval. Each plays a critical role in the formal adoption process, marking the beginning and culmination of the legal transition respectively.
When filling out the DSS-5163 form for an adult adoption in North Carolina, it is crucial to pay careful attention to the details to ensure a smooth adoption process. Here are five essential dos and don'ts to consider:
Do:
Don't:
When it comes to the DSS-5163 form, used in North Carolina for adult adoptions, there are several misconceptions that can confuse or mislead individuals navigating this process. Let's clarify some of these common misunderstandings.
Despite the common association of adoption with children under 18, the DSS-5163 form is specifically designed for adult adoptions. This form facilitates the legal process where one adult adopts another adult, establishing a legally recognized parent-child relationship between them.
While the form might seem straightforward, the process of adult adoption involves legal complexities that might not be apparent at first glance. It involves more than just filling out and submitting a form. There are legal requirements and implications that may necessitate the advice and guidance of an experienced attorney to ensure that the adoption process is completed smoothly and correctly.
Though adult adoption is generally more flexible than child adoption, it's not as simple as one adult deciding to adopt another. Certain conditions must be met, including the consent of the adult being adopted and, in some cases, the consent of the adoptee's spouse. Additionally, the form requires information about any relationship between the adoptee and the adoptive parent(s), highlighting that the court considers existing familial relationships in the adoption process.
One of the final provisions of the DSS-5163 form discusses the adoptee's name change. However, this does not mean the adoptee's birth certificate is automatically updated following the adoption; a separate process is required to amend a birth certificate. Adopting an adult may change their legal name and establish a new parent-child relationship, but altering the birth certificate involves additional steps with other state agencies.
Understanding these key points can demystify aspects of the DSS-5163 form and adult adoption process in North Carolina, helping petitioners navigate the legal landscape more effectively.
Filling out and using the DSS-5163 form is an important step for individuals seeking to legalize the adoption of an adult in North Carolina. This form is a crucial part of the adult adoption process in the state. To ensure that this process goes smoothly, here are five key takeaways about the DSS-5163 form.
It's essential for petitioners to fill out the DSS-5163 form accurately and completely, as it forms the basis of the legal proceedings for adult adoption in North Carolina. Understanding these key aspects can help ensure the process is conducted smoothly and within the legal parameters set by the state.
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