Adoption Process in North Dakota
Adoption in North Dakota is a legal process that involves several steps, as outlined in the North Dakota Century Code. The process is designed to ensure the best interests of the child and the adopting parents are met.
Filing of Petition
The adoption process begins with the filing of a petition for adoption. The petitioner could be the individual seeking to adopt, the guardian of the individual, the legal custodian of the child, an agency, or any other individual having a legitimate interest in the matter (North Dakota Century Code).
Service of Notice
Once the petition is filed, notice of the petition and a notice of the time and place of the hearing must be given to any individual whose consent to the adoption is required but who has not consented. This includes each living parent of the adult to be adopted. The notice must be given in the manner appropriate under the North Dakota Rules of Civil Procedure for the service of process in a civil action in this state or in any manner the court by order directs. Proof of the giving of the notice must be filed with the court before the petition is heard (North Dakota Century Code).
If the identity of the father or mother is known and an address for service is also known, or the address can be ascertained with reasonable diligence, the father or mother must be personally served the petition and notice for termination of parental rights in compliance with the North Dakota Rules of Civil Procedure. If the identity of the father or mother is unknown but the father’s or mother’s location is known, notice must be given by publication of the petition at least once a week for three consecutive weeks in the official newspaper of the county in which the unknown father or mother is located (North Dakota Century Code).
Investigation
The court may order an appropriate investigation to assist it in determining whether the adoption is in the best interest of the individuals involved. An investigation must be made by a licensed child-placing agency to inquire into the conditions and antecedents of a minor sought to be adopted and of the petitioner for the purpose of ascertaining whether the proposed adoption is in the best interest of the minor and whether the adoptive home is suitable for the minor (North Dakota Century Code).
Hearing and Finalization
After the investigation, a hearing is held where the court reviews the petition, the investigation report, and hears any relevant testimony. If the court finds that the adoption is in the best interest of the child, it will issue an order finalizing the adoption.
Financial Responsibility
Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children must be determined in accordance with the provisions of article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of North Dakota laws fixing responsibility for the support of children also may be invoked (North Dakota Century Code).
Mediation Process
In some cases, the court may refer the parties to mediation. This is particularly common in cases where there is a dispute or an unresolved issue regarding parental rights and responsibilities, relocation of a child, or grandparent visitation. The mediation process is designed to help the parties reach a mutually agreeable resolution without the need for a contested court hearing (North Dakota Century Code).
In conclusion, the adoption process in North Dakota involves several steps, including the filing of a petition, service of notice, an investigation, a hearing, and potentially mediation. Each step is designed to ensure the best interests of the child and the adopting parents are met.