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In re Baby Boy

Court of Appeals of North Carolina

December 31, 2014

IN THE MATTER OF: BABY BOY

Heard in the Court of Appeals 25 November 2014.

Editorial Note:

This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]

Appeal by respondent from order entered 14 April 2014 by Judge Margaret Eagles in Wake County District Court.

Wake County. No. 13 JT 69.

AFFIRMED.

Manning, Fulton & Skinner, P.A., by Michael S. Harrell and Cheri C. Patrick, for petitioners-appellees adoptive parents.

Cranfill Sumner & Hartzog LLP, by Michelle D. Connell, for respondent-appellant biological mother.

DILLON, Judge. Judge STROUD and Judge DIETZ concur.

OPINION

DILLON, Judge.

Respondent appeals from an order terminating her parental rights to Baby Boy Clark[1]. For the following reasons, we affirm.

I. Background

Respondent gave birth to Baby Boy Clark in April 2012. Respondent and the father signed relinquishment forms and surrendered legal custody of Baby Boy Clark to an adoption agency. On 23 April 2012, the adoption agency transferred physical custody of Baby Boy Clark to appellee parents (" petitioners" ) who filed a petition to adopt him that same day with the Wake County Clerk of Superior Court (12 SP 1911). See In re Adoption of " Baby Boy ", N.C.App., 757 S.E.2d 343, disc. review denied, N.C., 763 S.E.2d 390 (2014).

In June 2012, respondent filed a motion to dismiss the adoption petition and to declare her relinquishment void, alleging that her relinquishment did not comply with statutory requirements. Id. at, 757 S.E.2d at 345-46. By order filed 15 February 2013, the district court declared respondent's signed relinquishment was not valid because it did " not conform to the mandatory statutory requirements of a relinquishment set out in N.C.G.S. 48-3-702 and [was] void to operate ...


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