Adoption and Parental Rights 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, the adoption process and its impact on parental rights are governed by the North Dakota Century Code (NDCC), specifically Chapter 14-15. This article will explore how adoption affects parental rights in North Dakota, referencing the relevant statutes.
Termination of Parental Rights
According to NDCC 14-15-14, a final decree of adoption has the effect of relieving the biological parents of all parental rights and responsibilities. This termination of parental rights includes the right to control the child or to withhold consent to an adoption. The legal relationships between the adopted individual and the individual’s biological relatives, including the parents, are also terminated. Consequently, the adopted individual becomes a stranger to their former relatives for all purposes, including inheritance and the interpretation or construction of documents, statutes, and instruments.
Relinquishment of Parental Rights
NDCC 14-15-19 provides that 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. This relinquishment can be done through a written agreement signed by the parent, regardless of the parent’s age. The agreement can be signed in the presence of a representative of an agency taking custody of the child or with the approval of a judge of a court of record.
Right to Counsel
Under NDCC 14-15-19.1, 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. The parent may retain counsel of their own choosing and at their own expense, or, if indigent, the parent may request the court to order that a state’s attorney serve as legal counsel to the parent at no cost.
Exceptions to Termination of Parental Rights
There are exceptions to the termination of parental rights in adoption cases. NDCC 14-15-14 subsection 2 states that if a parent of a child dies without the relationship of parent and child having been previously terminated and a spouse of the living parent thereafter adopts the child, the child’s right of inheritance from or through the deceased parent is unaffected by the adoption.
Appeal and Validation of Adoption Decree
According to NDCC 14-15-15, an appeal from any final order or decree rendered under this chapter may be taken in the manner and time provided for appeal from a judgment in a civil action. Subject to the disposition of an appeal, upon the expiration of one year after an adoption decree is issued, the decree cannot be questioned by any person, including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter.
In conclusion, adoption in North Dakota has significant effects on parental rights. It terminates the legal relationship between the biological parents and the child, relieving the parents of all parental rights and responsibilities. However, there are exceptions and rights to legal counsel, and the possibility of appeal exists.