Eligibility for Adoption in North Dakota
In North Dakota, the adoption process is governed by the North Dakota Century Code (NDCC) Chapter 14-15. This chapter outlines who is eligible to adopt, the consent required for adoption, and the procedures to be followed.
Who Can Adopt
According to NDCC 14-15-03, the following individuals are eligible to adopt:
- A husband and wife together, even if one or both are minors.
- An unmarried adult.
- The unmarried father or mother of the individual to be adopted.
- A married individual without the other spouse joining as a petitioner, if the individual to be adopted is not the adopting person’s spouse, and if:
a. The petitioner is a stepparent of the individual to be adopted and the biological or legal parent of the individual to be adopted consents.
This means that an unmarried individual can adopt a child in North Dakota. However, the adoption process involves several steps and requirements that must be met.
Consent for Adoption
NDCC 14-15-05 outlines the individuals from whom consent for adoption is required. This includes the mother and father of the minor, any individual lawfully entitled to custody of the minor, the court having jurisdiction to determine custody of the minor, the minor if they are more than ten years of age, and the spouse of the minor to be adopted.
However, NDCC 14-15-06 also specifies situations where consent is not required. This includes cases where a parent has deserted or abandoned a child, or a parent has failed significantly without justifiable cause to communicate with the child or provide for their care and support for at least one year.
Adoption Procedures
The adoption process in North Dakota involves filing a petition for adoption in the appropriate court. The court will then conduct an investigation and review the petition, as well as any other relevant information, to determine whether the adoption is in the best interest of the child.
In some cases, the court may waive the investigation and report requirement. According to NDCC 14-15-11, if the petitioner is a relative other than a stepparent of the minor, the minor has lived with the petitioner for at least nine months, no allegations of abuse or neglect have been filed against the petitioner or any member of the petitioner’s household, and the court is satisfied that the proposed adoptive home is appropriate for the minor, the court may waive the investigation and report requirement.
In conclusion, an unmarried individual can adopt a child in North Dakota, provided they meet the requirements outlined in the North Dakota Century Code. However, the adoption process can be complex and it is recommended to seek legal advice to navigate the process effectively.