Termination of Parental Rights and Inheritance in North Dakota
In North Dakota, the termination of parental rights has significant implications on inheritance matters. The legal framework governing these issues is primarily found in the North Dakota Century Code (NDCC), specifically in sections 14-15-14 and 14-15-19.
Termination of Parental Rights
According to NDCC 14-15-19, 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 termination can occur through a written agreement signed by the parent, regardless of the parent’s age.
Impact on Inheritance
The termination of parental rights has a profound impact on inheritance rights. As per NDCC 14-15-14, a final decree of adoption, whether issued by a court of this state or any other place, has the following effects:
- It relieves the biological parents of the adopted individual of all parental rights and responsibilities.
- It terminates all legal relationships between the adopted individual and the individual’s relatives, including the individual’s biological parents. Consequently, the adopted individual becomes a stranger to the individual’s former relatives for all purposes, including inheritance.
This means that once the parental rights are terminated, the child is no longer considered a legal heir of the biological parents and cannot inherit from them unless specifically named in a will or other legal document.
Exceptions to the Rule
However, there are exceptions to this rule. NDCC 14-15-14 also 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. This means that in such cases, the child would still have a right to inherit from the deceased biological parent.
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. This means that if a party disagrees with the termination of parental rights and its impact on inheritance, they have the right to appeal the decision.
In conclusion, the termination of parental rights in North Dakota significantly affects inheritance rights. However, exceptions exist, particularly when one biological parent dies before the termination of parental rights and the surviving spouse subsequently adopts the child. In such cases, the child retains the right to inherit from the deceased biological parent.