An absent and uninterested father should not be able to withhold consent to a child's adoption to the detriment of the mother. However, when the father is genuinely unaware of the child's existence, through deceit of the mother or lack of communication, he is not being afforded the chance to be interested As it now stands, North Carolina adoption law is distressingly inadequate because it does not provide any recourse for biological fathers in situations like this. The law is too strict and statutory construction forces courts to apply the plain meaning of the statute rather than what is 'lust" and consistent with the intended purpose of the Chapters. Fathers in these situations should not automatically lose their parental rights. Although the negative results are isolated to a very narrow group of men, the effects are so catastrophic that it is worth our attention. This Comment explores solutions in the form of amendments to North Carolina General Statute section 48-3-601 and North Carolina General Statute section 7B- 1111.
Baylee J. Hapeman, N.C. Gen. Stat. § 48-3-601 and N.C. Gen. Stat. § 7B-1111: A Putative Father's Right to Be a Father, 41 Campbell L. Rev. 201 (2019).