Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in North Dakota may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the
important parts of North Dakota child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Advertising in Adoptive Placements
Use of Advertisement
Citation: Cent. Code §§ 23-16-08; 50-11-06; 50-19-11
No hospital providing maternity care may in any way advertise that it will give children for adoption or hold itself out, directly or indirectly, as being able to dispose of children; however, such
hospitals may inform an unmarried mother of child-placing agencies licensed by the Department of Human Services.
No facility licensed under this chapter [to provide foster care] may advertise children for adoption, or be held out directly or indirectly, as being able to dispose of children, without first being licensed
so to do under chapter 50-12.
No maternity home for unmarried mothers licensed under the provisions of this chapter may in any way advertise that it will give children for adoption, or hold itself out, directly or indirectly, as
being able to dispose of children, but may inform an unmarried mother of licensed child-placing agencies.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: §§ 14-15-10; 14-15.1-06
Preplacement counseling, adoption assessment, placement of the child, foster care, other preadoption services, or legal fees that must be paid directly to the provider of the services
Medical expenses relating to prenatal care and the birth of the child that are not already covered by health insurance
Expenses for transportation, meals, and lodging incurred for placement of the child or in order to receive services
Living expenses of the birth mother that are needed to maintain an adequate standard of living, which the birth mother is unable to otherwise maintain because of loss of income resulting from the pregnancy
Birth Parent Expenses Not Allowed
Citation: §§ 14-15-10; 14-15.1-06
Payments may not extend beyond 6 weeks after delivery unless approved by the court.
Living expenses do not include lost wages, gifts, educational expenses, vacations, or other similar expenses.
Allowable Payments for Arranging Adoption
Citation: § 12.1-31-05
It is unlawful to accept, offer, or agree to accept anything of value for enabling another to furnish a minor child for adoption.
Allowable Payments for Relinquishing Child
Citation: §§ 12.1-31-05; 14-15-10
It is unlawful to accept anything of value for furnishing a child for purposes of adoption.
Fees may not be contingent upon placement of the child for adoption.
Accounting of Expenses Required by Court
Citation: § 14-15-10
The petitioner shall file a full accounting in a manner acceptable to the court of all disbursements made or agreed to be made related to the adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Cent. Code § 14-15-05
A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:
The mother of the minor, whether by birth or adoption
The father of the minor, if:
The minor is the father's child by adoption, or the father has otherwise legitimated the minor according to the laws of the place in which the adoption proceeding is brought.
The person is presumed to be the biological father of the minor, provided the nonexistence of the father and child relationship between them has not been judicially determined.
Any individual lawfully entitled to custody of the minor or empowered to consent
The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the minor is not empowered to consent to the adoption
The spouse of the minor to be adopted
Age When Consent of Adoptee is Considered or Required
Citation: Cent. Code § 14-15-05
A child who is age 10 or older must consent to the adoption.
When Parental Consent is not Needed
Citation: Cent. Code § 14-15-06
Consent to adoption is not required of:
A parent who has deserted a child without affording means of identification or who has abandoned a child
A parent of a child in the custody of another, if the parent for a period of at least 1 year has failed significantly without justifiable cause to communicate with the child or to provide for the care
and support of the child
The father of a minor if the father's consent is not required by § 14-15-05(1)
A parent who has relinquished that parent's right to consent
A parent whose parental rights have been terminated
A parent judicially declared incompetent or mentally defective if the court dispenses with the parent's consent
Any parent of the individual to be adopted, if the individual is an adult
Any legal guardian or lawful custodian of the individual to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination
of the guardian's or custodian's written reasons for withholding consent, is found by the court to be withholding consent unreasonably
The spouse of the individual to be adopted, if the failure of the spouse to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances
constituting an unreasonable withholding of consent
A parent of the minor, if the failure of the parent to consent is excused by the court in the best interest of the child by reason of the parent's prolonged unexplained absence, unavailability, incapacity,
or significant failure, without justifiable cause, to establish a substantial relationship with the minor or to manifest a significant parental interest in the minor, or by reason of inability of the court
to identify the parent
When Consent Can Be Executed
Citation: Cent. Code § 14-15-07
The required consent to adoption may be executed at any time after the birth of the child.
How Consent Must Be Executed
Citation: Cent. Code § 14-15-07
The required consent to adoption must be executed in the following manner:
If by the individual to be adopted, in the presence of the court
If by an agency, by the executive head or other authorized representative, in the presence of an individual authorized to take acknowledgments
If by any other individual, in the presence of the court or in the presence of an individual authorized to take acknowledgments
If by a court, by appropriate order or certificate
Revocation of Consent
Citation: Cent. Code § 14-15-08
A consent to adoption cannot be withdrawn after the entry of a decree of adoption.
A consent to adoption may be withdrawn before the entry of a decree of adoption if the court finds, after notice and opportunity to be heard is afforded to petitioner, the individual seeking the withdrawal,
and the agency placing a child for adoption, that the withdrawal is in the best interest of the individual to be adopted and the court orders the withdrawal.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 14-17-23; 14-17-24
If the mother relinquishes or proposes to relinquish the child for adoption, the birth father is given notice if:
He is a presumed father
He is a father whose relationship to the child has been determined by a court
He is a father to whom the child is a legitimate child under law
To identify the biological father (if need be), the court will cause an inquiry to be made. If the biological father is identified to the court's satisfaction, he is given notice of termination proceedings.
The birth father must appear and claim custodial rights.
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