Establishing Paternity in North Dakota
In North Dakota, paternity can be established in several ways. According to North Dakota Century Code 14-20-11 (301), the mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with the intent to establish the man’s paternity. This acknowledgment must be in a record as per North Dakota Century Code 14-20-12 (302).
Voluntary Acknowledgment of Paternity
At any time after an unmarried woman is determined to be pregnant, a voluntary paternity establishment entity may provide the mother and the alleged father with written materials about paternity establishment, the forms necessary to voluntarily acknowledge paternity, a written and oral description of the rights, responsibilities, and legal consequences of establishing paternity, and the opportunity to speak with staff trained to clarify information and answer questions about paternity establishment (North Dakota Century Code 14-20-12).
Consequences of Establishing Paternity
Once paternity is established, a parent-child relationship is formed for all purposes, unless parental rights are terminated (North Dakota Century Code 14-20-09 (203)). A man is presumed to be the father of a child if he and the mother of the child are married to each other and the child is born during the marriage, or if the child is born within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation (North Dakota Century Code 14-20-10 (204)).
Signing Over Parental Rights
In North Dakota, the rights of a parent with reference to a child, including the parental right to control the child or to withhold consent to an adoption, may be relinquished and the relationship of parent and child terminated in or before an adoption action as provided in North Dakota Century Code 14-15-19. This can be done by a writing, signed by the parent, regardless of the age of the parent, in the presence of a representative of an agency taking custody of the child, or in the presence and with the approval of a judge of a court of record.
Right to Counsel
A parent who consents to the adoption of a minor, under section 14 -15-05, is entitled to legal counsel during all stages of a proceeding to terminate the parent and child relationship (North Dakota Century Code 14-15-19.1).
Withdrawal of Relinquishment
Notwithstanding the provisions of subsection 2, a relinquishment of parental rights with respect to a child, executed under this section, may be withdrawn by the parent, and a decree of a court terminating the parent and child relationship under this section may be vacated by the court upon motion of the parent, if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal or vacation of the decree (North Dakota Century Code 14-15-19).
In conclusion, after paternity is established in North Dakota, a parent can sign over parental rights under certain conditions. However, this is a serious decision with significant legal implications, and it is recommended that individuals seeking to do so consult with a legal professional to fully understand the consequences.