In re S.D.W.

STROUD, Judge.

Gregory Johns (“father”) appeals from orders entered 17 February 2012 denying his motion to intervene in the adoption proceedings concerning his biological son, denying his motion to dismiss the adoption petition, and granting the adoptive parents’ (“petitioners”) motion for summary judgment on the issue of whether father’s consent was required for the adoption.

For the following reasons, we hold that N.C. Gen. Stat. § 48-2-601 may be unconstitutional as applied to father if he can show that he promptly attempted to grasp the opportunity of fatherhood once he discovered his son’s…