Adoption of Adults in North Dakota
In North Dakota, the adoption of adults is legally permissible. The process is governed by specific statutes and procedures, which are outlined in the North Dakota Century Code. This article will provide a detailed overview of the legal requirements and procedures for adult adoption in North Dakota.
Legal Requirements for Adult Adoption
According to the North Dakota Century Code, an adult can be adopted in North Dakota under certain conditions. The court must receive a petition for adoption and a notice of the time and place of the hearing. This notice must be given to any individual whose consent to the adoption is required but who has not consented, and to each living parent of the adult to be adopted (context document).
The court may also order an appropriate investigation to assist it in determining whether the adoption is in the best interest of the individuals involved. This investigation is typically conducted by a licensed child-placing agency or other authorized entity.
Notice and Consent
Notice of the filing of a petition to adopt an adult must be given by the petitioner at least twenty days before the date of the hearing to each living parent of the adult to be adopted (context document). The notice must be given in the manner appropriate under the North Dakota Rules of Civil Procedure for the service of process in a civil action in this state or in any manner the court by order directs. Proof of the giving of the notice must be filed with the court before the petition is heard.
Investigation Process
An investigation must be made by a licensed child-placing agency to inquire into the conditions and antecedents of the adult sought to be adopted and of the petitioner. The purpose of this investigation is to ascertain whether the proposed adoption is in the best interest of the adult and whether the adoptive home is suitable (context document).
Confidentiality of Information
All identifying information obtained by the department during the investigation shall remain confidential. The identifying information released may only relate to the consenting parties (context document).
Special Considerations for Tribal Enrollment
Upon application to the department by an adult adopted individual or the parent or guardian of a minor adopted child, the department may investigate or cause to be investigated facts necessary to determine the adopted individual’s eligibility for enrollment as a member of an Indian tribe. The department may inquire of any individual or agency, including a licensed child-placing agency in North Dakota, to assist in the investigation (context document).
In conclusion, the adoption of adults in North Dakota is a legal process that involves several steps, including filing a petition, giving notice to relevant parties, and potentially undergoing an investigation. It is recommended to consult with a legal professional to ensure all procedures are correctly followed.