Overview
In North Dakota, the process of relinquishing parental rights is governed by specific statutes and court rules. It is a serious decision with significant legal implications, including the termination of the parent-child relationship. However, it is important to note that voluntarily giving up parental rights does not automatically absolve a parent from their child support obligations.
Relinquishing Parental Rights
Under North Dakota Century Code 14-15-19, a parent’s rights, including the right to control the child or withhold consent to an adoption, can be relinquished and the parent-child relationship terminated either in or before an adoption action. This relinquishment must be done in writing, signed by the parent, and can occur 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.
Withdrawal of Relinquishment
According to North Dakota Century Code 14-15-19, a parent can withdraw their relinquishment of parental rights if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal. The court can also vacate a decree terminating the parent-child relationship upon the motion of the parent under these conditions.
Child Support Obligations
Despite the relinquishment of parental rights, child support obligations may still persist. According to North Dakota Century Code 14-09-08.2, the fact that a parent may have secured a divorce awarding the custody of the child does not relieve either parent from the requirements and penalty of this section. Compliance with the terms of a child support order by a parent is an affirmative defense to a charge under this section made against that parent.
Abandonment and Failure to Support
If a parent, while in another state, wholly abandons the child or willfully fails to furnish food, clothing, shelter, and medical attention reasonably necessary and sufficient to meet the child’s needs, the failure must be construed to have been committed in this state and all of the laws of this state with reference to punishment apply with the same force and effect as if the abandonment and failure to support had occurred in this state (North Dakota Century Code 14-09-08.2).
Legal Counsel
A parent who consents to the adoption of a minor, under section 14 -15-05, is entitled to legal counsel during all stages of a proceeding to terminate the parent and child relationship under section 14 -15-19. If the parent is indigent, they may request the court to order that a state’s attorney serve as legal counsel to the parent at no cost to the parent (North Dakota Century Code 14-15-19.1).
Conclusion
In conclusion, while a parent can voluntarily relinquish their parental rights in North Dakota, this does not automatically absolve them of their child support obligations. It is highly recommended that any parent considering this action seek legal counsel to fully understand the implications and potential consequences.