Introduction
Adoption is a legal process that creates a new, permanent parent-child relationship where one did not exist before. In North Dakota, there are several types of adoption, including foster care adoption and private adoption. These two types of adoption differ in several key ways, including the process, costs, and the involvement of adoption agencies. This article will explore these differences in detail, referencing the relevant North Dakota statutes.
Foster Care Adoption
Foster care adoption refers to the adoption of a child who is currently in the foster care system. This process is governed by Chapter 50-11 of the North Dakota Century Code.
Process
The process begins when a child is placed in the foster care system due to the inability of their biological parents to care for them. The goal is always to reunite the child with their biological parents, but if this is not possible, the child becomes eligible for adoption.
The prospective adoptive parents must be licensed as foster parents and the child must have lived with them for at least six consecutive months. The court then determines if the adoption is in the best interest of the child, considering factors such as the child’s relationship with the prospective parents, the child’s wishes, and the child’s adjustment to home, school, and community.
Costs
Foster care adoption is generally less expensive than private adoption. The state covers many of the costs associated with the adoption process, including legal fees and home study costs. In some cases, the state may also provide a monthly subsidy to help cover the child’s living expenses.
Involvement of Adoption Agencies
In foster care adoption, a licensed child-placing agency conducts an investigation into the conditions and antecedents of the minor sought to be adopted and of the petitioner (the prospective adoptive parent). This is to ascertain whether the proposed adoption is in the best interest of the minor and whether the adoptive home is suitable for the minor (North Dakota Century Code, Chapter 14-15).
Private Adoption
Private adoption, also known as independent adoption, involves the adoption of a child through private arrangements between the birth parents and the adoptive parents. This process is governed by Chapter 14-15 of the North Dakota Century Code.
Process
In a private adoption, the birth parents voluntarily relinquish their parental rights and consent to the adoption of their child by the adoptive parents. The court then reviews the petition for adoption and, if it finds that the adoption is in the best interest of the child, grants the adoption.
Costs
Private adoption can be more expensive than foster care adoption. Costs can include agency fees, legal fees, medical expenses, and potentially the living expenses of the birth mother during her pregnancy. These expenses must be reported under section 14-15.1-05 of the North Dakota Century Code.
Involvement of Adoption Agencies
In private adoption, a licensed child-placing agency may be involved, but it is not required. The birth parents can choose to place their child directly with the adoptive parents without the involvement of an agency. However, an investigation and report are required unless the petitioner is a stepparent or the individual to be adopted is an adult.
Conclusion
In conclusion, foster care adoption and private adoption in North Dakota differ in terms of their process, costs, and the involvement of adoption agencies. Foster care adoption involves adopting a child from the foster care system and is generally less expensive, while private adoption involves a private arrangement between the birth parents and adoptive parents and can be more costly. Both processes are governed by specific chapters of the North Dakota Century Code and are designed to ensure the best interests of the child are met.