Legal Question in Family Law in North Carolina

If adoptive parents both die and do not have a will stating who the adoptive child will go to, does the child go to the adult siblings. Are the siblings legally required to take care of the child? Would the siblings have the choice to find another family for the adopted child?

Asked on 5/15/20, 8:47 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

While you can list your preferance in a will - it is not binding. Children are not property and you can not dictate who children will 'go to' in a will or just go find other 'adoptive parents as if the children were unwanted dogs. If both parents are dead and there are no family members willing to care for the children, DSS will likely step in and put them in foster care.

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Answered on 5/15/20, 9:17 am

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