NORTHDAKOTA

 Any unmarried adult, or the unmarried father or mother of the adoptee mayadopt. In addition, the following people may adopt without their spouse: astepparent, a person who is legally separated, and a person whose spouse isexcused by the court due to that spouses's unavailability, incapacity, orunreasonable withholding of consent. A minor who is married and adopts jointlywith spouse may also adopt.

Who Can Be Adopted?

 Any individual can be adopted.

Consent to Adoption

 The following people must give written consent to the adoption:

 (1) the mother;

 (2) the father of the child adoptee if:

 the child is his by adoption or he has otherwise legitimated the child, or

 he is presumed to be the natural father of the child as evidenced by thefollowing:

 a) the child is born during the marriage or within 300 days after themarriage is terminated by death, annulment, decree of invalidity, divorce orseparation, or

 b) before the child's birth, he attempted to marry the mother although theattempted marriage is declared invalid, and the child is born during theattempted marriage or within 300 days after the termination of such marriage,or

 c) after the child's birth, he attempted to marry or did marry the mother,although the attempted marriage can be declared invalid, and he hasacknowledged the paternity in a writing properly filed, he has given hisconsent to being named the father on the birth certificate and is obligated tosupport the child either by a voluntary promise or by court order, or

 d) he receives the child into his home and holds the child out as hisnatural child, or

 e) he acknowledges paternity in a writing filed with the Division of VitalStatistics.

 (3) any person who has custody, or the court, if it has custody;

 (4) the minor adoptee's spouse or the adult adoptee's spouse; and

 (5) the adoptee, if more than 10 years of age, unless the court waives theadoptee's consent.

 Consent is not required of

 (1) a parent who has deserted or abandoned a child;

 (2) a parent of a child who, for at least 1 year, has neither communicatedwith the child nor provided for the child's care and support;

 (3) a parent who has given up his or her right to consent to an adoptionagency;

 (4) a parent whose parental rights have been terminated;

 (5) a parent who has judicially been declared incompetent;

 (6) a parent of an adult adoptee;

 (7) a guardian who has failed to respond to a request for consent, or who isunreasonably withholding consent;

 (8) the spouse of the adoptee, if unavailable or is unreasonably withholdingconsent; or

 (9) a parent of a child adoptee if excused by the court in the best interestof the child because of the parent's unexplained absence, unavailability,incapacity, or significant failure to establish a substantial relationship withthe child.

 Consent cannot be withdrawn after the entry of the adoption decree. Consentcan be withdrawn prior to the entry of the adoption decree if the court findsit to be in the best interest of the child.

 Confidentiality

 All adoption hearings shall be held in closed court. All adoption records areconfidential. The adoptive parent or an adult adoptee may request release ofnonidentifying information (e.g., genetic parents' age, heritage, educationalattainments, general physical appearance, religion, talents). At thediscretion of the child-placing agency, communication may take place betweenthe genetic parents, adoptive parents, and the adoptee as follows:

 (1) at the time the child is placed for adoption, the genetic parents and theadoptive parents may meet, in person, without disclosing their names;

 (2) the genetic parents and the adoptive parents may exchange correspondencethrough the child-placing agency;

 (3) the child-placing agency may inform the genetic parents of the death ofthe adoptee;

 (4) the child-placing agency may inform the adult adoptee, or the adoptiveparents of the child adoptee, of the death of the genetic parents;

 (5) the child-placing agency may inform the genetic parents of pertinentmedical history concerning the adoptee; and

 (6) the child-placing agency may inform the adult adoptee or the adoptiveparents of the child adoptee of pertinent medical information concerning thegenetic parents.

 An adoptee who is 18 years of age or older may request identifying informationabout the genetic parents. The genetic parents may request identifyinginformation about the adoptee who is 21 years old. The child-placing agencyshall make reasonable efforts for 3 months to try to notify the genetic parentsof the request for identifying information. If the agency is unable to notifythem, then the information will not be released. If the genetic parent of theadoptee is deceased and did not file a statement that identifying informationshall not be disclosed, then it shall be released.

Permissible Fees

 The adoptive parents shall file with the court a full accounting report of allmoney or anything of value paid in connection with the adoption, includingexpenses incurred in connection with the child's birth and placement, medicalcare of mother and child (prenatally and following birth), and adoptionplacement services.

Place of Adoption Hearing

 The adoption hearing shall take place in the county where the adoptive parentslive, where the adoptee lives, or where the child-placing agency is located.The court can decide that the hearing should take place in a different countyin the interest of justice.

Authority To Place Child

 The Department of Human Services or any person or agency licensed, certified,or otherwise specially empowered by law to place a child for adoption isauthorized to place a child. In addition, a parent of the adoptee may place achild with a relative for purposes of adoption or guardianship by givingwritten notice to the Department.

Relative Adoption

 A parent may place a child with a relative without the involvement of achild-placing agency. A stepparent need not give the court a full accountingof expenses.

Advertisements

 No facility, unless specifically licensed to do so, may advertise chilren foradoption.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

State Bar Association of North Dakota
515½ East Broadway, Suite 101
Bismarck, ND 58502
(701) 255-1404

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