Open vs. Closed Adoption in North Dakota
Adoption is a legal process that creates a new, permanent parent-child relationship where one did not exist before. In North Dakota, there are two main types of adoption: open and closed. The key difference between these two types of adoption lies in the amount of contact and information exchange between the birth parents and the adoptive parents.
Open Adoption
In an open adoption, there is a degree of openness and ongoing contact between the birth parents and the adoptive parents. This can include sharing of personal information, direct communication, and even in-person visits. The degree of openness can vary greatly from case to case and is typically agreed upon by the birth and adoptive parents.
According to North Dakota Century Code 14-15-05, a birth 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. This suggests that birth parents have a say in the adoption process, which can include negotiating the terms of an open adoption.
Closed Adoption
In contrast, a closed adoption involves no contact or exchange of personal information between the birth parents and the adoptive parents. In this type of adoption, records are typically sealed, and the adopted child may not have access to their original birth certificate or any identifying information about their birth parents.
As per North Dakota Century Code 14-15-19, all papers, records, and identifying and non-identifying information relating to an adopted individual, birth siblings, birth parents, or adoptive parents are confidential and may be disclosed only in accordance with this section. This statute underscores the confidentiality inherent in closed adoptions.
Considerations and Implications
The choice between open and closed adoption is a deeply personal one and can be influenced by a variety of factors, including the circumstances of the adoption, the wishes of the birth parents, and the best interests of the child.
In North Dakota, the court may terminate the relationship of parent and child in connection with an adoption action on any ground provided by other law for termination of the relationship. This suggests that the court has the discretion to decide what type of adoption is in the best interest of the child.
It’s important to note that the laws and regulations surrounding adoption can be complex and vary from state to state. Therefore, it’s recommended that individuals seeking to adopt or place a child for adoption consult with a legal professional to understand their rights and responsibilities under North Dakota law.