Interstate Adoption in North Dakota
Adopting a child from another state involves a process known as the Interstate Compact on the Placement of Children (ICPC). This agreement, which is legally binding, exists between all 50 states, the District of Columbia, and the U.S. Virgin Islands. It ensures that the child’s best interests are prioritized and that all state laws are respected during the adoption process.
ICPC Regulations
The ICPC sets forth specific requirements that must be met before a child can be placed for adoption across state lines. According to North Dakota Century Code 50-13, the sending agency must comply with all requirements set forth in the ICPC and with the applicable laws of the receiving state governing the placement of children therein.
Before sending a child to a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency must provide the appropriate public authorities in the receiving state with written notice of the intention to send, bring, or place the child in the receiving state. This notice must contain the child’s name, date, and place of birth, as well as the identity and address or addresses of the parents or legal guardian.
Adoption Petition and Consent
In North Dakota, a petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by the mother of the minor, the father of the minor (if the minor is the father’s child by adoption, or the father has otherwise legitimated the minor according to the laws of the place in which the adoption proceeding is brought), any individual lawfully entitled to custody of the minor or empowered to consent, and the court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the minor is not empowered to consent (North Dakota Century Code 14-15-05).
Residency Requirements
North Dakota law (North Dakota Century Code 14-15-12) stipulates that a final decree of adoption may not be issued, and an interlocutory decree of adoption does not become final, until the minor to be adopted has lived in the adoptive home for at least six months after placement by an agency, or for six months after placement by a parent in accordance with an identified relinquishment under chapter 14 -15.1, or as a foster child for at least six months and has been placed for adoption by an agency, or for at least six months after the department and human service zone or the court has been informed of the custody of the minor by the petitioner.
Conclusion
In conclusion, while it is possible to adopt a child from North Dakota if you live in another state, it is a complex process that involves compliance with both the laws of North Dakota and the laws of the receiving state. It is highly recommended to consult with an experienced adoption attorney to navigate the legal intricacies of interstate adoption.