Voluntary Termination of Parental Rights in North Dakota
In North Dakota, the law allows for the voluntary termination of parental rights under certain circumstances. This process is governed by the North Dakota Century Code (NDCC) and is typically associated with adoption proceedings.
Legal Provisions for Voluntary Termination
According to NDCC 14-15-19, a parent’s rights with reference to a child, including the right to control the child or to withhold consent to an adoption, may be relinquished voluntarily. This relinquishment can occur in or before an adoption action as provided in this section.
The termination of parental rights can be executed through a written agreement, signed by the parent, regardless of the parent’s age. This agreement must be signed 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 within or outside the state.
Withdrawal of Voluntary Termination
The same section of the NDCC (14-15-19) also provides that a relinquishment of parental rights executed under this section may be withdrawn by the parent. 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.
Right to Legal Counsel
The NDCC 14-15-19.1 and Rule 8.12 of the North Dakota Rules of Court both affirm that a parent who consents to the adoption of a minor is entitled to legal counsel during all stages of a proceeding to terminate the parent and child relationship. If the parent is indigent, they have the right to have legal counsel provided at public expense. The court must confirm that this notice was given.
Termination in Connection with Adoption
According to NDCC 14-15-19, a petition for termination of the relationship of parent and child made in connection with an adoption action may be made by either parent if termination of the relationship is sought with respect to the other parent.
In conclusion, the law in North Dakota does allow for the voluntary termination of parental rights, typically in the context of adoption proceedings. However, this is a serious decision with significant legal implications, and it is strongly recommended that any parent considering this step seek legal counsel.