NC Vital Records: Adoptions Process and Forms

Infographic: In-State Adoptions

In-State Process

Quick Summary

1. Clerk of Superior Court (COSC) grants adoption with certified court order.
2. COSC sends court order to NC Division of Social Services (DSS).
3. DSS sends NCOVR "Report to Vital Records" for each adoption.
4. NCOVR prepares the new birth certificate.
5. Notice sent from NCOVR to the adoptive parents or their attorney.
6. Adoptive parents request/order copy of new birth certificate through NCOVR using the Adoptions Processing Form. See applications below. Do NOT order the new birth certificate through VitalChek.
7. NCOVR reviews and processes order, issues birth certificate.

Explanation

Before the NC Office of Vital Records (NCOVR) can create a new adoptee birth certificate, the Clerk of Superior Court (COSC) must grant your adoption with a certified court order. The COSC will then send your court order to the NC Division of Social Services (DSS), where it will be indexed and reviewed.

Parents do not need to send NCOVR their court order (although the application with identification and fees is still required).

Within 40 days of receiving a court order, DSS sends NCOVR a document titled "Report to Vital Records" for each adoption. The Report to Vital Records must be a certified true original with seal. It must not be missing any dates or the COSC's signature.

NCOVR then prepares new adoptee birth certificates based on information in each report.

The adoptive parents or their attorney receive notice from NCOVR that the new birth certificate has been prepared and can be ordered using the Adoptions Processing Form provided below. (Do not place new adoption orders through VitalCheck.)

Per NC General Statute 48-9-107, the birth certificate must have the following information:

• Adoptee's full adoptive name, sex, state of birth, and date of birth.
• Full name of adoptive father, if applicable.
• Full maiden name of the adoptive mother, if applicable.
• Any other pertinent information as may be determined by the State Registrar.

How to Obtain the Birth Certificate (Applications)

After the adoptive parents or their attorney receives notice from NCOVR that the new birth certificate has been prepared, they must submit the Adoptions Processing Form to NCOVR to obtain their child's new birth certificate. NCOVR is required by law to verify identification and collect fees each time we create a new birth certificate.

New Adoptions Birth Certificate Application

Adoptions Processing Form (fees apply): This is the form to use after you receive notice from NCOVR that a birth certificate order can be placed for a new adoption. One birth certificate copy is provided with the processing of this application. If you need more than one copy of the birth certificate, then use the regular birth certificate application (below) for the additional copies.

Important: Do not place new adoption orders through VitalChek. New adoption orders must use the Adoptions Processing Form.

Additional Copies / Completed Adoptions: Regular Birth Certificate Application

Birth Certificate Application (fees apply): This is the regular birth certificate application through VitalChek. As noted on the Adoptions Processing Form, if more than one copy of the modified certificate is needed, additional copies must be ordered. This form is also used for copies of birth certificates after adoptions that were completed in the past (for which one copy has likely already been issued).

Important: Do not use this form for birth certificate orders for new adoptions. Do not place new adoption orders through VitalChek. New adoption orders must use the Adoptions Processing Form.

Associated Fees

• NC Administrative Code 10A 41H.0704 requires a fee of $15.00 to process an adoption.
• NC General Statute 130A-93.1 requires a fee of $24.00 for routine search of files and includes issuance of one certified copy of a birth certificate.
• The $24 search fee and $15 processing fee are nonrefundable.
• Payment must be in the form of a certified check or money order made payable to NC Vital Records.
• NCOVR cannot accept cash, credit cards, or personal checks.

Infographic: Out-Of-State Adoptions

Process to File the Adoption and Obtain the Birth Certificate

1. Obtain a certified out-of-state court order for the adoption.
2. Complete and submit the Adoptions Processing Form, along with the certified out-of-state court order, valid forms of identification (see FAQs), and fees (see below).
   • It is up to you or your attorney to send NCOVR the certified out-of-state court order for your adoption.
     • DSS does not send NCOVR out-of-state court orders for adoptions.
     • Certified means the court order must be an original with the court seal or stamp.
     • Photocopies of the court order cannot be accepted.
   • If paperwork and payment are complete, one copy of the modified birth certificate will be issued. If there are problems, we will send a letter to you or your attorney.
   • As noted on the Adoptions Processing Form, if more than one copy of the modified certificate is needed, additional copies must be ordered. See the Order a Certificate page.
3. We recommend both adoptive parents include their birth dates and places of birth on the court order documents. If not included, we may need to request the adoptive parents' birth certificates. Including the information on the court order documents helps to expedite processing, ensure the accuracy of the modified birth certificate, and reduce the need for future amendments.

Associated Fees

• NC Administrative Code 10A 41H.0704 requires a fee of $15.00 to process an adoption.
• NC General Statute 130A-93.1 requires a fee of $24.00 for routine search of files and includes issuance of one certified copy of a birth certificate.
• The $24 search fee and $15 processing fee are nonrefundable.
• Payment must be in the form of a certified check or money order made payable to NC Vital Records.
• NCOVR cannot accept cash, credit cards, or personal checks.

Order Completion and Issuance: Potential Problems

The factors below can prevent adoptions processing and certificate issuance.

• Failure to send NCOVR the certified out-of-state court order. It is up to you or your attorney to send NCOVR the certified out-of-state court order for your adoption. If your application does not include the court order, the order will not be processed. We will send a letter to you or your attorney.
  • DSS does not send NCOVR out-of-state court orders for adoptions.
  • Certified means the court order must be an original with the court seal or stamp.
  • Photocopies of the court order cannot be accepted.
• Failure to send payment for the required fees: adoptions processing ($15) plus search and issuance of one copy of the modified certificate ($24).
• Valid forms of identification were not provided with your order.

Special Circumstances

In unusual cases where court orders are received by NCOVR but do not follow the two-step process outlined above, the parents should receive a notice from NCOVR. The notice will advise the parents or adoptee to request a copy of the certificate using the Adoptions Processing Form.

Infographic: Foreign-Born Adoptions

For international adoptions, we will create a Certificate of Identification for Child of Foreign Birth (not a birth certificate) per NC General Statute 130A-108.

For adopted children who are readopted in North Carolina, DSS sends a report to NCOVR. The reports are sent in the same manner as in-state cases (see the list above under In-State Adoptions).

If the adoption took place outside of the United States and the child was not readopted in North Carolina, DSS will not send anything to NCOVR. NCOVR can still create a Certificate of Identification, however.

Please compete the required worksheet and application for requesting a Certificate of Identification. (Fees apply.)

• Certificate of Identification Worksheet
• Adoptions Processing Form

The Certificate of Identification must contain the same information as required by NC General Statute 48-9-107 (see the list above under In-State Adoptions), except the country of birth will be listed in lieu of the state of birth.

Associated Fees

• NC Administrative Code 10A 41H.0704 requires a fee of $15.00 to process an adoption.
• NC General Statute 130A-93.1 requires a fee of $24.00 for routine search of files and includes issuance of one certified copy of a birth certificate.
• The $24 search fee and $15 processing fee are nonrefundable.
• Payment must be in the form of a certified check or money order made payable to NC Vital Records.
• NCOVR cannot accept cash, credit cards, or personal checks.