IN RE BYRD EX REL. ADOPTION OF BYRD

No. COA99-887.

529 S.E.2d 465 (2000)

Stephen Timothy BYRD and Sandra Sain Byrd, Petitioners, For the ADOPTION Rachel Leigh BYRD.

Court of Appeals of North Carolina.

May 2, 2000.


Attorney(s) appearing for the Case

Manning, Fulton & Skinner, P.A., by Howard E. Manning and Michael S. Harrell, Raleigh, for the petitioners-appellees.

H. Spencer Barrow and George B. Currin, Raleigh, for the respondent Michael Thomas Gilmartin.


WYNN, Judge.

Under N.C. Gen.Stat. § 48-3-601, the consent of a man who may or may not be the father of a child must be obtained in an adoption proceeding except where the potential father failed to acknowledge his paternity or provide support for the biological mother and the child. N.C.G.S. § 48-3-601(2)(b)(4)(II) (1999). In this case, the potential father contends that his level of acknowledgment and support provided for an unborn child should be considered...

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