North Carolina 2025-2026 Regular Session

North Carolina House Bill H370 Latest Draft

Bill / Amended Version Filed 03/18/2025

                            GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	2 
HOUSE BILL 370 
Committee Substitute Favorable 3/18/25 
 
Short Title: GSC Uniform Acts Regarding Children. 	(Public) 
Sponsors:  
Referred to:  
March 12, 2025 
*H370 -v-2* 
A BILL TO BE ENTITLED 1 
AN ACT TO ENACT THE UNIFORM CHILD ABDUCT ION PREVENTION ACT AND TO 2 
ENACT ARTICLE THREE OF THE UNIFORM UNREG ULATED CHILD CUSTODY 3 
TRANSFER ACT, AS REC OMMENDED BY THE GENE RAL STATUTES 4 
COMMISSION. 5 
The General Assembly of North Carolina enacts: 6 
 7 
PART I. UNIFORM CHILD ABDUCTION PREVENTI ON ACT 8 
SECTION 1.(a) The title of Chapter 50A of the General Statutes reads as rewritten: 9 
"Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed 10 
Parents Custody and Visitation Act.Uniform Acts on Children." 11 
SECTION 1.(b) Chapter 50A of the General Statutes is amended by adding a new 12 
Article to read: 13 
"Article 4. 14 
"Uniform Child Abduction Prevention Act. 15 
"§ 50A-411.  Short title. 16 
This Article may be cited as the Uniform Child Abduction Prevention Act. 17 
"§ 50A-412.  Definitions. 18 
In this Article, the following definitions apply: 19 
(1) Abduction. – The wrongful removal or wrongful retention of a child. 20 
(2) Child. – Defined in G.S. 50A-102. 21 
(3) Child-custody determination. – Defined in G.S. 50A-102. 22 
(4) Child-custody proceeding. – Defined in G.S. 50A-102. 23 
(5) Court. – Defined in G.S. 50A-102. 24 
(6) Petition. – Includes a motion or its equivalent. 25 
(7) Record. – Information that is inscribed on a tangible medium or that is stored 26 
in an electronic or other medium and is retrievable in perceivable form. 27 
(8) State. – Consists of the following: 28 
a. A state of the United States, the District of Columbia, Puerto Rico, the 29 
United States Virgin Islands, or any territory or insular possession 30 
subject to the jurisdiction of the United States. 31 
b. An Indian tribe or band or Alaskan native village that is recognized by 32 
federal law or formally acknowledged by an entity listed in 33 
sub-subdivision a. of this subdivision. 34  General Assembly Of North Carolina 	Session 2025 
Page 2  House Bill 370-Second Edition 
(9) Travel documents. – Records relating to a travel itinerary, including travel 1 
tickets, passes, reservations for transportation, or accommodations. The term 2 
does not include a passport or visa. 3 
(10) Wrongful removal. – The taking of a child that breaches rights of custody or 4 
visitation given or recognized under the law of this State. 5 
(11) Wrongful retention. – The keeping or concealing of a child that breaches rights 6 
of custody or visitation given or recognized under the law of this State. 7 
"§ 50A-413.  Cooperation and communication among courts. 8 
G.S. 50A-110, 50A-111, and 50A-112 apply to cooperation and communications among 9 
courts in proceedings under this Article. 10 
"§ 50A-414.  Actions for abduction prevention measures. 11 
(a) A court on its own motion may order abduction prevention measures in a 12 
child-custody proceeding if the court finds that the evidence establishes a credible risk of 13 
abduction of the child. 14 
(b) A party to a child-custody determination or another individual or entity having a right 15 
under the law of this State or any other state to seek a child-custody determination for the child 16 
may file a petition seeking abduction prevention measures to protect the child under this Article. 17 
"§ 50A-415.  Jurisdiction. 18 
(a) A petition under this Article may be filed in district court if the court has jurisdiction 19 
to make a child-custody determination with respect to the child at issue under Article 2 of this 20 
Chapter. 21 
(b) A district court of this State has temporary emergency jurisdiction under 22 
G.S. 50A-204 if the court finds a credible risk of abduction. 23 
"§ 50A-416.  Contents of petition. 24 
A petition under this Article must be verified and include a copy of any existing child-custody 25 
determination, if available. The petition must specify the risk factors for abduction, including the 26 
relevant factors described in G.S. 50A-417. Subject to G.S. 50A-209(e), if reasonably 27 
ascertainable, the petition must contain all of the following: 28 
(1) The name, date of birth, and gender of the child. 29 
(2) The customary address and current physical location of the child. 30 
(3) The identity, customary address, and current physical location of the 31 
respondent. 32 
(4) A statement of whether a prior action to prevent abduction or domestic 33 
violence has been filed by a party or other individual or entity having custody 34 
of the child and the date, location, and disposition of the action. 35 
(5) A statement of whether a party to the proceeding has been arrested for a crime 36 
related to domestic violence, stalking, or child abuse or neglect and the date, 37 
location, and disposition of the case. 38 
(6) Any other information required to be submitted to the court for a child-custody 39 
determination under G.S. 50-13.1(a1) or G.S. 50A-209. 40 
"§ 50A-417.  Factors to determine risk of abduction. 41 
(a) In determining whether there is a credible risk of abduction of a child, the court must 42 
consider any evidence that the petitioner or respondent has done or is doing any of the following: 43 
(1) Has previously abducted or attempted to abduct the child. 44 
(2) Has threatened to abduct the child. 45 
(3) Has recently engaged in activities that may indicate a planned abduction, 46 
including any of the following: 47 
a. Abandoning employment. 48 
b. Selling a primary residence. 49 
c. Terminating a lease. 50  General Assembly Of North Carolina 	Session 2025 
House Bill 370-Second Edition 	Page 3 
d. Closing bank or other financial management accounts, liquidating 1 
assets, hiding or destroying financial documents, or conducting any 2 
unusual financial activities. 3 
e. Applying for a passport or visa or obtaining travel documents for the 4 
respondent, a family member, or the child. 5 
f. Seeking to obtain the child's birth certificate or school or medical 6 
records. 7 
(4) Has engaged in domestic violence, stalking, or child abuse or neglect. 8 
(5) Has refused to follow a child-custody determination. 9 
(6) Lacks strong familial, financial, emotional, or cultural ties to the State or the 10 
United States. 11 
(7) Has strong familial, financial, emotional, or cultural ties to another state or 12 
country. 13 
(8) Is likely to take the child to a country that meets any of the following 14 
descriptions: 15 
a. The country is not a party to the Hague Convention on the Civil 16 
Aspects of International Child Abduction and does not provide for the 17 
extradition of an abducting parent or for the return of an abducted 18 
child. 19 
b. The country is a party to the Hague Convention on the Civil Aspects 20 
of International Child Abduction, but the country also meets any of the 21 
following descriptions: 22 
1. The Hague Convention on the Civil Aspects of International 23 
Child Abduction is not in force between the United States and 24 
the country. 25 
2. The country is noncompliant according to the most recent 26 
compliance report issued by the United States Department of 27 
State. 28 
3. The country lacks legal mechanisms for immediately and 29 
effectively enforcing a return order under the Hague 30 
Convention on the Civil Aspects of International Child 31 
Abduction. 32 
c. The country poses a risk that the child's physical or emotional health 33 
or safety would be endangered because of specific circumstances 34 
relating to the child or because of human rights violations committed 35 
against children. 36 
d. The country has laws or practices that would do any of the following: 37 
1. Enable the respondent, without due cause, to prevent the 38 
petitioner from contacting the child. 39 
2. Restrict the petitioner from freely traveling to or exiting from 40 
the country because of the petitioner's gender, nationality, 41 
marital status, or religion. 42 
3. Restrict the child's ability legally to leave the country after the 43 
child reaches the age of majority because of a child's gender, 44 
nationality, or religion. 45 
e. The country is included by the United States Department of State on a 46 
current list of state sponsors of terrorism. 47 
f. The country has no official United States diplomatic presence. 48 
g. The country is engaged in active military action or war, including a 49 
civil war, to which the child may be exposed. 50  General Assembly Of North Carolina 	Session 2025 
Page 4  House Bill 370-Second Edition 
(9) Is undergoing a change in immigration or citizenship status that would 1 
adversely affect the person's ability to remain in the United States lawfully. 2 
(10) Has had an application for United States citizenship denied. 3 
(11) Has forged or presented misleading or false evidence on government forms or 4 
supporting documents to obtain or attempt to obtain a passport, a visa, travel 5 
documents, a social security card, a drivers license, or other 6 
government-issued identification card or has made a misrepresentation to the 7 
United States government. 8 
(12) Has used multiple names to attempt to mislead or defraud. 9 
(13) Has engaged in any other conduct the court considers relevant to the risk of 10 
abduction. 11 
(b) In the hearing on a petition under this Article, the court must consider any evidence 12 
that the respondent believed in good faith that the respondent's conduct was necessary to avoid 13 
imminent harm to the child or respondent and any other evidence that may be relevant to whether 14 
the respondent may be permitted to remove or retain the child. 15 
"§ 50A-418.  Provisions and measures to prevent abduction. 16 
(a) If a petition is filed under this Article, the court may enter an order that must include 17 
all of the following: 18 
(1) The basis for the court's exercise of jurisdiction. 19 
(2) The manner in which notice and opportunity to be heard were given to the 20 
persons entitled to notice of the proceeding. 21 
(3) A detailed description of each party's custody and visitation rights and 22 
residential arrangements for the child. 23 
(4) A provision stating that a violation of the order may subject the party in 24 
violation to civil and criminal penalties. 25 
(5) Identification of the child's country of habitual residence at the time of the 26 
issuance of the order. 27 
(b) If, at a hearing on a petition under this Article or on the court's own motion, the court 28 
after reviewing the evidence finds a credible risk of abduction of the child, the court must enter 29 
an abduction prevention order. The order must include the provisions required by subsection (a) 30 
of this section and measures and conditions, including those in subsections (c), (d), and (e) of 31 
this section, that are reasonably calculated to prevent abduction of the child, giving due 32 
consideration to the custody and visitation rights of the parties. The court must consider the age 33 
of the child, the potential harm to the child from an abduction, the legal and practical difficulties 34 
of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, 35 
including evidence of domestic violence, stalking, or child abuse or neglect. 36 
(c) An abduction prevention order may include one or more of the following: 37 
(1) An imposition of travel restrictions that require that a party traveling with the 38 
child outside a designated geographical area provide the other party with all 39 
of the following: 40 
a. The travel itinerary of the child. 41 
b. A list of physical addresses and telephone numbers at which the child 42 
can be reached at specified times. 43 
c. Copies of all travel documents. 44 
(2) A prohibition of the respondent directly or indirectly doing any of the 45 
following: 46 
a. Removing the child from this State, the United States, or another 47 
geographic area without permission of the court or the petitioner's 48 
written consent. 49 
b. Removing or retaining the child in violation of a child-custody 50 
determination. 51  General Assembly Of North Carolina 	Session 2025 
House Bill 370-Second Edition 	Page 5 
c. Removing the child from school or a child-care or similar facility. 1 
d. Approaching the child at any location other than a site designated for 2 
supervised visitation. 3 
(3) A requirement that a party register the order in another state as a prerequisite 4 
to allowing the child to travel to that state. 5 
(4) With regard to the child's passport, one or more of the following: 6 
a. A direction that the petitioner place the child's name in the United 7 
States Department of State's Child Passport Issuance Alert Program. 8 
b. A requirement that the respondent surrender to the court or the 9 
petitioner's attorney any United States or foreign passport issued in the 10 
child's name, including a passport issued in the name of both the parent 11 
and the child. 12 
c. A prohibition upon the respondent from applying on behalf of the child 13 
for a new or replacement passport or visa. 14 
(5) As a prerequisite to exercising custody or visitation, a requirement that the 15 
respondent provide all of the following: 16 
a. To the United States Department of State Office of Children's Issues 17 
and the relevant foreign consulate or embassy, an authenticated copy 18 
of the order detailing passport and travel restrictions for the child. 19 
b. To the court, both of the following: 20 
1. Proof that the respondent has provided the information in 21 
sub-subdivision a. of this subdivision. 22 
2. An acknowledgment in a record from the relevant foreign 23 
consulate or embassy that no passport application has been 24 
made, or passport issued, on behalf of the child. 25 
c. To the petitioner, proof of registration of the order with the United 26 
States Embassy or other United States diplomatic presence in the 27 
destination country and with the Central Authority for the Hague 28 
Convention on the Civil Aspects of International Child Abduction, if 29 
that Convention is in effect between the United States and the 30 
destination country, unless one of the parties objects. 31 
d. A written waiver under the Privacy Act, 5 U.S.C. § 552a, with respect 32 
to any document, application, or other information pertaining to the 33 
child authorizing its disclosure to the court and the petitioner. 34 
(6) Upon the petitioner's request, a requirement that the respondent obtain an 35 
order from the relevant foreign country containing terms identical to the 36 
child-custody determination issued in the United States. 37 
(d) In an abduction prevention order, the court may impose conditions on the exercise of 38 
custody or visitation that do one or more of the following: 39 
(1) Limit visitation or require that visitation with the child by the respondent be 40 
supervised until the court finds that supervision is no longer necessary and 41 
order the respondent to pay the costs of supervision. 42 
(2) Require the respondent to post a bond or provide other security in an amount 43 
sufficient to serve as a financial deterrent to abduction, the proceeds of which 44 
may be used to pay for the reasonable expenses of recovery of the child, 45 
including reasonable attorneys' fees and costs if there is an abduction. 46 
(3) Require the respondent to obtain education on the potentially harmful effects 47 
to the child from abduction. 48 
(e) To prevent imminent abduction of a child, a court may do any of the following: 49 
(1) Issue a warrant to take physical custody of the child under G.S. 50A-419 or 50 
other State law. 51  General Assembly Of North Carolina 	Session 2025 
Page 6  House Bill 370-Second Edition 
(2) Authorize law enforcement to take any action reasonably necessary to locate 1 
the child or obtain return of the child pursuant to an order issued under this 2 
Article or other State law. 3 
(3) Grant any other relief allowed under other State law. 4 
(f) The remedies provided in this Article are cumulative and do not affect the availability 5 
of other remedies to prevent abduction. 6 
"§ 50A-419.  Warrant to take physical custody of child. 7 
(a) If a petition under this Article contains allegations, and the court finds, that there is a 8 
credible risk that the child is imminently likely to be wrongfully removed, the court may issue 9 
an ex parte warrant to take physical custody of the child. 10 
(b) The respondent on a petition under subsection (a) of this section must be afforded an 11 
opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not 12 
later than the end of the next day that the district court is in session unless a hearing on that date 13 
is impossible. In that event, the court must hold the hearing on the first possible day that the 14 
district court is in session. 15 
(c) An ex parte warrant under subsection (a) of this section to take physical custody of a 16 
child must do all of the following: 17 
(1) Recite the facts upon which a determination of a credible risk of imminent 18 
wrongful removal of the child is based. 19 
(2) Authorize law enforcement officers to take physical custody of the child 20 
without delay. 21 
(3) State the date and time for the hearing on the petition. 22 
(4) Provide for the safe interim placement of the child pending further order of 23 
the court. 24 
(d) If feasible, before issuing a warrant and before determining the placement of the child 25 
after the warrant is executed, the court may order a search of the relevant databases of the 26 
National Crime Information Center system and similar databases of this State or another state to 27 
determine if either the petitioner or respondent has a history of domestic violence, stalking, or 28 
child abuse or neglect. 29 
(e) The petition and warrant must be served on the respondent when, or as soon as 30 
possible after, the child is taken into physical custody. 31 
(f) A warrant to take physical custody of a child, issued by this State or another state, is 32 
enforceable throughout this State. If the court finds that a less intrusive remedy will not be 33 
effective, it may authorize law enforcement officers to enter private property to take physical 34 
custody of the child, which may include forcible entry at any hour. 35 
(g) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under 36 
subsection (a) of this section for the purpose of harassment or in bad faith, the court may award 37 
the respondent reasonable attorneys' fees, costs, and expenses. 38 
(h) This Article does not affect the availability of relief allowed under other State law. 39 
"§ 50A-420.  Duration of abduction prevention order. 40 
An abduction prevention order remains in effect until the earliest of the following: 41 
(1) The time stated in the order. 42 
(2) The emancipation of the child. 43 
(3) The child's attaining 18 years of age. 44 
(4) The time the order is modified, revoked, vacated, or superseded by a court 45 
with jurisdiction under G.S. 50A-201 through G.S. 50A-203. 46 
"§ 50A-421.  Uniformity of application and construction. 47 
In applying and construing this Article, consideration must be given to the need to promote 48 
uniformity of the law with respect to its subject matter among states that enact the Uniform Child 49 
Abduction Prevention Act. 50 
"§ 50A-422.  Relation to Electronic Signatures in Global and National Commerce Act. 51  General Assembly Of North Carolina 	Session 2025 
House Bill 370-Second Edition 	Page 7 
This Article modifies, limits, and supersedes the federal Electronic Signatures in Global and 1 
National Commerce Act, Chapter 96 of Title 15 of the United States Code, but does not modify, 2 
limit, or supersede section 101(c) of the act, 15 U.S.C. § 7001(c), or authorize electronic delivery 3 
of any of the notices described in section 103(b) of the act, 15 U.S.C. § 7003(b)." 4 
SECTION 1.(c) The Revisor of Statutes shall cause to be printed, as annotations to 5 
the published General Statutes, all relevant portions of the Official Comments to the Uniform 6 
Child Abduction Prevention Act and all explanatory comments of the drafters of this section as 7 
the Revisor may deem appropriate. 8 
SECTION 1.(d) This section becomes effective October 1, 2025, and applies to 9 
petitions filed or motions made on or after that date. 10 
 11 
PART II. ARTICLE THREE OF THE UNIFORM UN REGULATED CHILD CUST ODY 12 
TRANSFER ACT 13 
SECTION 2.(a) Article 3 of Chapter 48 of the General Statutes is amended by adding 14 
a new Part to read: 15 
"Part 2A. Information and Guidance. 16 
"§ 48-3-230.  Title and purpose. 17 
This Part consists of and may be cited as the Information and Guidance Provisions of the 18 
Uniform Unregulated Child Custody Transfer Act. The purpose of this Part is to prevent the 19 
unlawful transfer of custody of minors, as prohibited by G.S. 14-321.2, by better preparing 20 
adoptive parents for issues that may arise when caring for an adopted minor. 21 
"§ 48-3-231.  Definitions. 22 
For the purposes of this Part, the following definitions apply: 23 
(1) Intercountry adoption. – An adoption or placement for adoption of a minor 24 
who resides in a foreign country at the time of adoption or placement. The 25 
term includes an adoption finalized in the minor's country of residence or in a 26 
state. 27 
(2) Parent. – An individual recognized as a parent under other law of this State. 28 
(3) Prospective adoptive parent. – An individual approved or permitted under 29 
other law of this State to adopt a minor. 30 
(4) Record. – Information inscribed on a tangible medium or stored in an 31 
electronic or other medium and retrievable in perceivable form. 32 
"§ 48-3-232.  Scope. 33 
This Part applies to placement for adoption of a minor to whom any of the following applies: 34 
(1) Has been or is in foster or institutional care. 35 
(2) Previously has been adopted in a state. 36 
(3) Has been or is being adopted under the law of a foreign country. 37 
(4) Has come or is coming to a state from a foreign country to be adopted. 38 
(5) Is not a citizen of the United States. 39 
"§ 48-3-233.  General adoption information. 40 
Within a reasonable time before an agency places a minor for adoption with a prospective 41 
adoptive parent, the agency shall provide or cause to be provided to the prospective adoptive 42 
parent general adoption information. The information shall address all of the following: 43 
(1) Possible physical, mental, emotional, and behavioral issues concerning all of 44 
the following: 45 
a. Identity, loss, and trauma that a minor might experience before, 46 
during, or after adoption. 47 
b. A minor leaving familiar ties and surroundings. 48 
(2) The effect that access to resources, including health insurance, may have on 49 
the ability of an adoptive parent to meet the needs of a minor. 50  General Assembly Of North Carolina 	Session 2025 
Page 8  House Bill 370-Second Edition 
(3) Causes of disruption of an adoptive placement or dissolution of an adoption 1 
and resources available to help avoid disruption or dissolution. 2 
(4) Criminal prohibitions under G.S. 14-321.2. 3 
"§ 48-3-234.  Nonidentifying information about minor. 4 
(a) Within a reasonable time before an agency places a minor to whom this Part applies 5 
for adoption with a prospective adoptive parent, the agency shall provide or cause to be provided 6 
to the prospective adoptive parent nonidentifying information specific to the minor, in addition 7 
to information provided pursuant to G.S. 48-3-205, that is known to or reasonably obtainable by 8 
the agency and material to the prospective adoptive parent's informed decision to adopt the minor. 9 
To the extent that it is not already being provided under G.S. 48-3-205, the nonidentifying 10 
information shall include all of the following: 11 
(1) The minor's family, cultural, racial, religious, ethnic, linguistic, and 12 
educational background. 13 
(2) The minor's physical, mental, emotional, and behavioral health. 14 
(3) Circumstances that might adversely affect the minor's physical, mental, 15 
emotional, or behavioral health. 16 
(4) The minor's medical history, including immunizations. 17 
(5) The medical history of the minor's biological parents and siblings. 18 
(6) The history of an adoptive or out-of-home placement of the minor and the 19 
reason the adoption or placement ended. 20 
(7) The minor's United States immigration status. 21 
(8) Medical, therapeutic, and educational resources, including 22 
language-acquisition training, available to the adoptive parent and minor after 23 
placement for adoption or adoption to assist in responding effectively to 24 
physical, mental, emotional, or behavioral health issues. 25 
(b) Subject to the requirements of Article 9 of this Chapter, an agency shall include 26 
available records relevant to the information in subdivisions (1) through (8) of subsection (a) of 27 
this section when providing the information, regardless of whether the information is provided 28 
pursuant to subsection (a) of this section or G.S. 48-3-205. 29 
(c) If, before an adoption is finalized, additional information under subsection (a) of this 30 
section that is material to a prospective adoptive parent's informed decision to adopt the minor 31 
becomes known to or reasonably obtainable by the agency, the agency shall provide the 32 
information to the prospective adoptive parent. 33 
(d) If, after an adoption is finalized, additional information under subsection (a) of this 34 
section becomes known to the agency, the agency shall make a reasonable effort to provide the 35 
information to the adoptive parent. 36 
"§ 48-3-235.  Guidance and instruction. 37 
(a) An agency placing a minor for adoption shall provide or cause to be provided to the 38 
prospective adoptive parent guidance and instruction specific to the minor to help prepare the 39 
parent to respond effectively to needs of the minor that are known to or reasonably ascertainable 40 
by the agency. 41 
(b) The guidance and instruction under subsection (a) of this section shall address, if 42 
applicable, all of the following: 43 
(1) The potential effect on the minor of all of the following: 44 
a. A previous adoption or out-of-home placement. 45 
b. Multiple previous adoptions or out-of-home placements. 46 
c. Trauma, insecure attachment, fetal alcohol exposure, or malnutrition. 47 
d. Neglect, abuse, drug exposure, or similar adversity. 48 
e. Separation from a sibling or significant caregiver. 49 
f. A difference in ethnicity, race, or cultural identity between the minor 50 
and the prospective adoptive parent or other minor of the parent. 51  General Assembly Of North Carolina 	Session 2025 
House Bill 370-Second Edition 	Page 9 
(2) Information available from the federal government on the process for the 1 
minor to acquire United States citizenship. 2 
(3) Any other matter the agency considers material to the adoption. 3 
(c) The guidance and instruction under subsection (a) of this section shall be provided as 4 
follows: 5 
(1) For adoption of a minor residing in the United States, a reasonable time before 6 
the adoption is finalized. 7 
(2) For an intercountry adoption, in accordance with federal law. 8 
"§ 48-3-236.  Information about financial assistance and support services. 9 
Consistent with the purposes of G.S. 48-1-110, on request of a minor who was placed for 10 
adoption or the minor's adoptive parent, the agency placing the minor or the Department of Health 11 
and Human Services shall provide information about how to obtain financial assistance or 12 
support services as follows: 13 
(1) To assist the minor or parent to respond effectively to adjustment, behavioral 14 
health, and other challenges. 15 
(2) To help preserve the placement or adoption. 16 
"§ 48-3-237.  Agency compliance. 17 
(a) The Department of Health and Human Services may investigate an allegation that an 18 
agency has failed to comply with this Part and may commence an action for injunctive or other 19 
relief or initiate an administrative proceeding against the agency to enforce this Part. 20 
(b) The Department of Health and Human Services may initiate a proceeding to 21 
determine whether an agency has failed to comply with this Part. If the Department of Health 22 
and Human Services finds that the agency has failed to comply, the Department may suspend or 23 
revoke the agency's license or take other action permitted by law of this State. 24 
"§ 48-3-238.  Uniformity of application and construction. 25 
In applying and construing this Part, a court shall consider the promotion of uniformity of the 26 
law among jurisdictions that enact Article 3 of the Uniform Unregulated Child Custody Transfer 27 
Act. 28 
"§ 48-3-239.  Relation to Electronic Signatures in Global and National Commerce Act. 29 
This Part modifies, limits, or supersedes the Electronic Signatures in Global and National 30 
Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 31 
7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b)." 32 
SECTION 2.(b) G.S. 48-3-205 reads as rewritten: 33 
"§ 48-3-205.  Disclosure of background information. 34 
(a) Notwithstanding any other provision of law, before Before placing a minor for 35 
adoption, an individual or agency placing the minor, or the individual's agent, must shall compile 36 
and provide to the prospective adoptive parent a written document containing all of the following 37 
information: 38 
(1) The date of the birth of the minor and the minor's weight at birth and any other 39 
reasonably available nonidentifying information about the minor that is 40 
relevant to the adoption decision or to the minor's development and 41 
well-being;well-being. 42 
(2) Age of the biological parents in years at the time of the minor's birth;birth. 43 
(3) Heritage of the biological parents, which shall consist consisting of 44 
nationality, ethnic background, and race;race. 45 
(4) Education of the biological parents, which shall be consisting of the number 46 
of years of school completed by the biological parents at the time of the 47 
minor's birth; andbirth. 48 
(5) General physical appearance of the biological parents. 49 
In addition, the written document must shall also include all reasonably available nonidentifying 50 
information about the health of the minor, the biological parents, and other members of the 51  General Assembly Of North Carolina 	Session 2025 
Page 10  House Bill 370-Second Edition 
biological parents' families that is relevant to the adoption decision or to the minor's health and 1 
development. This health-related information shall include each such individual's present state 2 
of physical and mental health, health and genetic histories, and information concerning any 3 
history of emotional, physical, sexual, or substance abuse. This health-related information shall 4 
also include an account of the prenatal and postnatal care received by the minor. The information 5 
described in this subsection, if known, shall, upon written request of the minor, be made available 6 
to the minor upon the minor reaching age 18 or upon the minor's marriage or emancipation. 7 
(b) Information provided under this section, or any information directly or indirectly 8 
derived from such the information, may shall not be used against the provider or against an 9 
individual described in subsection (a) of this section who is the subject of the information in any 10 
criminal action or any civil action for damages. In addition, information provided under this 11 
section may shall not be admitted in evidence against the provider or against an individual 12 
described in subsection (a) of this section who is the subject of the information in any other action 13 
or proceeding. 14 
(c) The agency placing the minor shall receive and preserve any additional health-related 15 
information obtained after the preparation of the document described in subsection (a) of this 16 
section. 17 
(d) The Division shall develop and make available forms designed to collect the 18 
information described in subsection (a) of this section. However, forms reasonably equivalent to 19 
those provided by the Division may be substituted." 20 
SECTION 2.(c) If a provision of this section or its application to a person or 21 
circumstance is held invalid, the invalidity does not affect another provision or application that 22 
can be given effect without the invalid provision. 23 
SECTION 2.(d) The Revisor of Statutes shall cause to be printed, as annotations to 24 
the published General Statutes, all relevant portions of the Official Comments to Article 3 of the 25 
Uniform Unregulated Child Custody Transfer Act and all explanatory comments of the drafters 26 
of this section as the Revisor may deem appropriate. 27 
SECTION 2.(e) This section is effective when it becomes law and applies to 28 
placement of a minor for adoption beginning 60 days after the effective date of this section. 29 
 30 
PART III. EFFECTIVE DATE 31 
SECTION 3. Except as otherwise provided, this act is effective when it becomes 32 
law. 33