Yes, a child can consent to their own adoption in North Dakota. According to section 14-15-05 of the North Dakota Century Code, a minor who is more than ten years of age must provide written consent to their adoption, unless the court determines that it is in the best interest of the minor to dispense with their consent.
Consent in Adoption Proceedings
In North Dakota, the consent of certain individuals is required for an adoption to be legally valid. This is outlined in section 14-15-05 of the North Dakota Century Code. The individuals whose consent is required include 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 themselves if they are more than ten years of age, and the spouse of the minor to be adopted.
Consent of the Minor
The consent of the minor to be adopted is specifically addressed in section 14-15-05(e) of the North Dakota Century Code. This provision states that if the minor is more than ten years of age, their written consent to the adoption is required, unless the court, in the best interest of the minor, dispenses with the minor’s consent. This means that a child who is more than ten years old has a legal right to participate in the decision-making process regarding their adoption.
Execution and Withdrawal of Consent
The manner in which consent to adoption is executed is outlined in section 14-15-07 of the North Dakota Century Code. If the consent is given by the individual to be adopted, it must be executed in the presence of the court.
Once given, consent to adoption cannot be withdrawn after the entry of a decree of adoption, as per section 14-15-08(1) of the North Dakota Century Code. However, consent may be withdrawn before the entry of a decree of adoption if the court finds that the withdrawal is in the best interest of the individual to be adopted and orders the withdrawal, as per section 14-15-08(2).
Conclusion
In conclusion, a child can consent to their own adoption in North Dakota if they are more than ten years of age, unless the court determines it is in their best interest to dispense with their consent. This consent must be executed in the presence of the court and, once given, cannot be withdrawn after the entry of a decree of adoption. However, it may be withdrawn before the entry of a decree of adoption if the court finds that the withdrawal is in the best interest of the individual to be adopted and orders the withdrawal.