Rights of an Adopted Child in North Dakota
Adopted children in North Dakota have a set of rights that are protected by the state’s laws. These rights are outlined in various sections of the North Dakota Century Code and are designed to ensure the welfare and best interests of the child.
Right to Confidentiality
According to North Dakota Century Code 14-15-19, all papers, records, and identifying and nonidentifying information relating to an adopted individual are confidential. This includes information about birth siblings, birth parents, and adoptive parents. This information can only be disclosed in accordance with the law, ensuring the privacy of the adopted child (North Dakota Century Code 14-15-19(4)).
Right to Nonidentifying Information
The law also provides that nonidentifying information about undisclosed genetic parents, if known, must be furnished to the adoptive parents at the time of adoptive placement or upon their written request. This information can also be provided to an adopted adult upon written request, or to a birth parent upon written request (North Dakota Century Code 14-15-19(5)).
Right to a Certified Copy of the Adoption Decree
The clerk of the appropriate district court, upon request and payment of the proper fee, shall furnish a certified copy of the decree of adoption to the adoptive parents, the guardian of an adopted minor child, or an adopted adult. However, the decree does not disclose the identity of the genetic parents or the name of the adopted individual before the adoption action (North Dakota Century Code 14-15-19(6)).
Right to Exchange of Information
Before the child reaches adulthood, at the discretion of the child-placing agency, exchanges of identifying or nonidentifying information may take place between the genetic parents, adoptive parents, and adopted child. However, disclosure of a party’s identifying information may not occur unless the party consents to disclosure. If one parent objects, the identifying information disclosed by the agency may only relate to the consenting parent or parents (North Dakota Century Code 14-15-19(7)).
Right to Request Identifying Information
An adopted individual who is eighteen years of age or older may request the department or agency to disclose the identity of the genetic parents. This right is subject to certain conditions and procedures outlined in the law (North Dakota Century Code 14-15-19(8)).
In conclusion, the rights of an adopted child in North Dakota are protected by various provisions in the state’s laws. These rights are designed to ensure the child’s welfare, protect their privacy, and provide them with access to important information about their genetic parents and adoption.