Adoption

North Carolina Legal Options for Kinship Caregivers

When Child Welfare IS NOT Involved

Adoption is a legal process that creates a parent-child relationship between people who are not parent and child by birth. Once a child is adopted, that child has the same legal rights as a child born to the family, and the adoptive parent has the same legal duties as a birthparent to care for and raise the child. The relationship changes from grandparent/grandchild (or aunt/niece, cousin/cousin, etc.) to parent/child. Find more information about adoption and the court process.

If I Adopt Through Civil Court…

What Decisions Can I Make for the Child?

Yes, you have full rights as the parent.

You are the parent, and you decide whom the child can visit, how often, and where. Although all legal rights and duties between the child and birth parents end, it is possible for a relationship between them to continue. Arrangements can be made between you, the birth parent, and the child to continue a relationship if you choose. This is called “open adoption.” You determine what this relationship looks like.

Open Adoption

Yes, you have full rights as the parent.

Yes, with a Civil Court Adoption you are allowed to name another caretaker to care for the child in case you die.

Tipsheet: Planning for the What-Ifs

What Financial Supports Are Available?

No. However, your family may qualify for public benefits through the Department of Social Services (DSS), such as food or energy assistance and Work First (TANF) payments.

NC DHHS Assistance

No, the child welfare agency does not pay for childcare. However, childcare may be available as a public benefit in your county. Check with your county DSS office.

Find Your County’s DHHS Office

Yes, if the child qualifies to receive the benefit.

Programs for Grandfamilies & Kinship Families

Yes, if your family qualifies to receive the benefit.

NC DHHS Assistance Programs

The Temporary Assistance to Needy Families (TANF) program, known as Work First in NC, is designed to provide financial assistance to low-income families while also helping them become self-sufficient.

You can only apply for the family grant; the child-only TANF is unavailable.

Family Grants: The State considers the kinship caregiver’s income for family TANF (Work First) grants.

Since these grants are designed to address the needs of the children and their caregivers, these payments are generally larger than child-only grants. Note that people raising a child but not biologically related to the child (such as godparent, neighbor, friend, etc.) are not eligible to include the child when applying for family Work First payments.

Apply at your local DHHS Office

Yes, the child will qualify for social security benefits as a “dependent child” when you die based on your individual work records.

Find Out More At ssa.gov

SSI provides monthly cash payments to help meet the basic needs of children who have a physical or mental disability or are blind. If you care for a child or teenager with a disability and have limited income, savings, or other resources, your child may be eligible for SSI.

Children under age 18 can get a Supplemental Security Income (SSI) cash payment if they meet Social Security’s definition of disability for children and there are limited income and resources in the household.

After the adoption, the family’s income will be considered, which may change how much money the child receives in SSI.

Find Out More At ssa.gov

Are There Any Additional Services Available?

Once the adoption is final, the court system is not involved. The Department of Social Services (DSS) is not involved.

(for example, daycare, transportation assistance to appointments, scheduling appointments, etc.)

The child will be treated the same as a birth child. You can put the child on your health insurance policy if your policy allows you to do so for a birth child. The child may also be eligible for Medicaid.

Medicaid provides coverage for many healthcare expenses for low-income children and adults, including visits to the doctor, checkups, screenings, prescriptions, and hospitalization.

You can apply for Medicaid on behalf of the children living with you. Medicaid does not have open enrollment periods, so you can apply at any time of the year.

No, unless they qualify for a service unrelated to child welfare.

For support understanding FAFSA, visit gksnetwork.org.

You are the parent of the child after the adoption and are eligible to receive all available child tax credits.

You are eligible for the Federal Adoption Tax Credit for each child adopted, which reduces the federal income tax you must pay. It is a credit rather than a deduction, meaning it is a dollar-for-dollar reduction of your total federal tax liability. This amount varies by year, but it is usually around $15,000.

Federal Adoption Tax Credit

If you adopt your relative, you are eligible for the Federal Adoption Tax Credit for each child adopted, which reduces the federal income tax you must pay. It is a credit rather than a deduction, meaning it is a dollar-for-dollar reduction of your total federal tax liability. This amount varies by year, but it is usually around $15,000. Find more information here. Since the child was not adopted from foster care, you must show legal and other adoption expenses and can only deduct actual expenses up to the full deduction amount.

Advantages vs. Disadvantages of a Civil Court Adoption

Advantages

Adoption permanently terminates the child’s parent’s rights and is not revokable. This can be both an advantage and a disadvantage, but you may want the security of knowing that no one can take the child from you.
An ongoing relationship can continue between the child and the birthparent, but you get to define the nature of this relationship until the child is old enough to decide for themself.
The child can inherit from you if you die without a will and receive social security survivor’s benefits.

Disadvantages

Adoption permanently terminates the child’s parent’s rights and is not revokable. This can be both an advantage and a disadvantage, but you may not want to change the legal relationship. Instead, you want to remain the grandparent or aunt.
Introducing the idea of adoption may make it harder to work out a custody arrangement between you and the parents because it sets up a you vs. them relationship from the beginning.
Adoption usually requires that you hire an attorney. It can be costly, especially if the parents contest the adoption. The Federal Adoption Tax Credit can offset this cost.

Tips

Download Tips

NC Adoption Form

Tips for Going to Court

Jennie Phillips, Great-grandparent caregiver. Listen to their story, you are not alone.

NC Legal Options for Kinship Caregivers

Legal Options Quiz

Child Welfare Not Involved

Child Welfare Is Involved

Making the Decision

Finding an Attorney

Kinship Advisory Committee

Additional Resources

*Not Intended as Legal Advice