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IN RE BYRD

No. 250A00.

552 S.E.2d 142 (2001)

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

Supreme Court of North Carolina.

October 5, 2001.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner, P.A., by Howard E. Manning and Michael S. Harrell, Raleigh, for petitioner-appellees Stephen and Sandra Byrd.

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

Rik Lovett & Associates, by James F. Lovett, Jr., Raleigh, on behalf of the North Carolina Family Policy Council, amicus curiae.

LAKE, Chief Justice.

The question presented for review in this case is whether the consent of a putative father must be obtained before an adoption may proceed when the putative father has conditioned his acknowledgment of fatherhood and support of mother and child upon proof of biological paternity. The Court of Appeals held that the putative father's consent was not required under the circumstances of the case. In re Adoption of Byrd, 137 N.C. App. 623, 632...

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