As North Carolina’s General Assembly considers House Bill 612 (HB612), much of the focus has been on its child welfare reforms. However, embedded in the bill is a quiet, dangerous shift to North Carolina’s adoption laws. If passed, the change will enact a drastic expansion of rights for absent birth fathers, fundamentally altering the timeline and standards for establishing legal permanency for children.
Specifically, HB612 rewrites Chapter 48 of the North Carolina General Statutes, which governs adoption. The bill would give birth fathers—regardless of involvement during pregnancy or at birth—a three-month post-birth window to assert parental rights. While this may sound like a fairness measure on the surface, it disrupts a carefully balanced legal framework that already ensures due process while prioritizing child stability.
How Chapter 48 Works Now: Responsibility Before Rights
Under current law, Chapter 48 provides clear, structured opportunities for biological fathers to assert their parental rights, both before and shortly after a child’s birth, at any time prior to the filing of an adoption petition.
The statute requires that notice of the adoption petition be served on the putative father upon the filing of the petition to adopt. Once served, a man has an opportunity to respond—but the critical point is this — He must have taken steps to act like a father before the petition is filed, that is before the adoption plan and placement has begun. This requires that a biological father have demonstrated a commitment to parent the child, provided emotional and financial support to the birth mother and child, and at least attempted contact with the mother or child during the pregnancy. This framework empowers courts to determine whether a birth father’s conduct, not just his biology, warrants the legal status of “parent” with veto rights over adoption.
This framework ensures that men who genuinely wish to be involved in their child’s life are protected, while discouraging last-minute claims from individuals who have not shouldered any parental responsibility.
What HB612 Does: Grants Rights Without Responsibility
HB612 blows open the timeline by creating a mandatory 3-month “grace period” after birth during which any man who claims to be the father is entitled to assert parental rights—regardless of what, if anything, he did before or immediately after the child’s birth. Not only does it extend the period in which he can come forward, it also allows him an extension of time to begin to act like a dad. The implications are severe — A birth father who ignored the mother during pregnancy, failed to support her medically or emotionally, and took no legal or practical steps to parent the child would still have three full months after the child’s birth to emerge and potentially halt an adoption. This is a radical departure from the current framework, which rewards responsible conduct, not passive biological status.
Why This Change Is Harmful
1. HB612 Delays Permanency at the Most Critical Stage of Development
The first three months of a child’s life are developmentally pivotal. This is when bonding, attachment, and early brain development are shaped by consistency and care. Adoption proceedings often begin immediately after birth precisely to secure this stability. By inserting a state-mandated delay of three months, HB612 creates legal limbo for newborns, delaying their ability to achieve a permanent, stable home. No adoptive parent can finalize during this window—even if the birth father is entirely absent.
2. HB612 Encourages “Wait and See” Parenting
Existing law in North Carolina serves children well. It creates incentives for early paternal involvement. Fathers who want to raise their children must take timely action—file legal claims, provide support, and engage with the mother or child. HB612, by contrast, allows birth fathers to wait three months before deciding whether to parent. This erodes the urgency and accountability necessary in determining a child’s future.
3. HB612 Undermines the “Best Interests of the Child” Standard
HB612’s revised timeline elevates an absent father’s hypothetical rights above the concrete needs of a real child. The bill gives legal standing to fathers who have shown no interest or support, while postponing the court’s ability to determine what outcome is actually best for the child. This is a step backward from modern adoption law, which prioritizes the child’s welfare over biological happenstance.
4. HB612 Increases Contested or Disrupted Adoptions
A three-month cure period invites legal challenges from individuals previously disinterested or unaware. This not only causes financial and emotional strain for adoptive families but also increases the likelihood of disrupted placements, retraumatizing children and deterring potential adoptive parents from entering the process at all.
Conclusion: HB612 Shifts the Burden—And Children Pay the Price
North Carolina’s existing adoption framework under Chapter 48 amply protects the rights of birth fathers—but it does so within a timeline that reflects children’s urgent need for permanence. The current law encourages responsible fatherhood by requiring timely, affirmative action, and rewards those who step forward early and sincerely. HB612, by contrast, imposes no expectations and offers an unearned grace period that may serve only to obstruct timely adoption. In effect, it grants rights without requiring responsibility and prioritizes adult indecision over child stability. If passed as written, HB612 would upend decades of settled law and move North Carolina away from a child-centered adoption model.