In re A.C.V.

The majority opinion notes that “[i]t is difficult, under the circumstances of this case, to conclude that [the Respondent-father’s] constitutional rights were assured through the application of section 7B-llll(a)(5).” I write separately to point out that we do not reach the constitutional issue because, under North Carolina law, the biological father in this case did not demonstrate his entitlement to the constitutionally protected status of a parent.

It is well settled that “the protection of the family unit is guaranteed not only by the Due Process Clause, but also by the Equal Protection…