Consent to Adoption and Withdrawal Rights in North Dakota
In North Dakota, the legal process of adoption is governed by the North Dakota Century Code. This article will focus on the rights of birth parents, particularly their ability to consent to adoption and the possibility of withdrawing that consent.
Consent to Adoption
According to Section 14-15-05 of the North Dakota Century Code, 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. This legal counsel can be of the parent’s own choosing and at their own expense. However, if the parent is indigent, they may request the court to order a state’s attorney to serve as legal counsel at no cost to the parent (14-15-19.1).
The consent to adoption must be executed at any time after the birth of the child. If the consent is given by the individual to be adopted, it must be done in the presence of the court. If by an agency, it must be done by the executive head or other authorized representative, in the presence of an individual authorized to take acknowledgments. If by any other individual, it must be done in the presence of the court or in the presence of an individual authorized to take acknowledgments (14-15-07).
Withdrawal of Consent
The question of whether a birth parent can change their mind about adoption is addressed in Section 14-15-08 of the North Dakota Century Code. According to this section, a consent to adoption cannot be withdrawn after the entry of a decree of adoption. However, a consent to adoption may be withdrawn before the entry of a decree of adoption if the court finds, after notice and opportunity to be heard is afforded to the petitioner, the individual seeking the withdrawal, and the agency placing a child for adoption, that the withdrawal is in the best interest of the individual to be adopted and the court orders the withdrawal.
Furthermore, Section 14-15-19 provides that a relinquishment of parental rights with respect to a child, executed under this section, may be withdrawn by the parent, and a decree of a court terminating the parent and child relationship under this section may be vacated by the court upon motion of the parent, 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.
In conclusion, a birth parent in North Dakota has the right to withdraw their consent to adoption before the entry of a decree of adoption, provided the court finds it in the best interest of the child. However, once a decree of adoption has been entered, the consent to adoption cannot be withdrawn.