Voluntary Relinquishment of Parental Rights in North Dakota
In North Dakota, a parent can voluntarily give up their parental rights, a process known as relinquishment. This process is governed by the North Dakota Century Code and involves several legal procedures. It’s important to note that the court’s primary concern in these matters is the best interest of the child.
Legal Grounds for Relinquishment
According to North Dakota Century Code 14-15-19, a parent can relinquish their rights to a child, including the right to control the child or withhold consent to an adoption. This can be done in or before an adoption action. The rights can be relinquished and the parent-child relationship terminated by a written agreement signed by the parent, regardless of the parent’s age.
Procedure for Relinquishment
The relinquishment process involves the following steps:
- Written Agreement: The parent must sign a written agreement in the presence of a representative of an agency taking custody of the child or in the presence and with the approval of a judge of a court of record within or outside North Dakota. The agreement can also be signed in any other situation if the petitioner has had custody of the minor for two years, but only if notice of the adoption proceeding has been given to the parent and the court finds that the best interest of the child requires the granting of the adoption (North Dakota Century Code 14-15-19).
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Filing a Petition: A birth parent or identified adoptive parent may file a petition to relinquish parental rights with respect to a minor child to the identified adoptive parent. The written consent of any birth parent to the adoption must accompany the petition. The written consent of the identified adoptive parent to assume custody must be filed with the petition. The petition and all documents must be served upon the department, nonpetitioning birth parents, and identified adoptive parent (North Dakota Century Code 14-15.1-02).
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Court Hearing: A court hearing will be held to determine whether the relinquishment is in the best interest of the child. Notice of the hearing must be given to the parents of the child, the guardian of the child, the person having legal custody of the child, any proposed custodian of the child, and, in the discretion of the court, a person representing any party.
Right to Counsel
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 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).
Withdrawal of Relinquishment
Notwithstanding the provisions of subsection 2, 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 (North Dakota Century Code 14-15-19).
In conclusion, voluntarily giving up parental rights in North Dakota is a serious decision that involves several legal procedures. It’s recommended that parents seeking to relinquish their rights consult with a legal professional to understand the implications fully.