Parental Rights in North Dakota
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, can be relinquished under certain circumstances. This process is governed by the North Dakota Century Code (NDCC) and is subject to specific legal procedures and requirements.
Relinquishment of Parental Rights
According to NDCC 14-15-19, a parent can relinquish their rights to a child in or before an adoption action. This relinquishment can include the right to receive notice of a hearing on a petition for adoption. The relinquishment must be done in writing and signed by the parent, regardless of the parent’s age.
The signing can occur in the presence of a representative of an agency taking custody of the child, whether the agency is within or outside of the state, or in the presence and with the approval of a judge of a court of record within or outside the state in which the minor was present or in which the parent resided at the time it was signed.
Withdrawal of Relinquishment
Notwithstanding the provisions of subsection 2 of NDCC 14-15-19, a relinquishment of parental rights with respect to a child, executed under this section, may be withdrawn by the parent, and a decree of a court terminating the parent and child relationship under this section may be vacated by the court upon motion of the parent. This is possible 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
As per 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 to the parent.
Violation of Consent Provisions
Any person who violates the provisions of this section is guilty of a class A misdemeanor according to NDCC 14-15.1-02. This includes situations where a birth parent or identified adoptive parent fails to file with the court a petition to relinquish parental rights with respect to a minor child to the identified adoptive parent, or fails to provide the written consent of any birth parent to the adoption.
In conclusion, while it is possible to sign away parental rights in North Dakota, it is a serious decision with significant legal implications. It is highly recommended that any parent considering this action seek legal counsel to fully understand the consequences and to ensure that all legal procedures are correctly followed.