Adoption of a Relative in North Dakota
Adoption is a legal process that creates a new, permanent parent-child relationship where one did not exist before. In North Dakota, the adoption of a relative, often referred to as kinship adoption, follows specific procedures and requirements as outlined in the North Dakota Century Code.
Eligibility for Adoption
In North Dakota, any unmarried person of the age of eighteen years or more, and not otherwise disqualified, is capable of consenting to and consummating an adoption (North Dakota Century Code 14-03-02). This includes relatives such as grandparents, uncles, or aunts.
Consent to Adoption
Consent to adoption is a critical aspect of the adoption process. According to the provided context, the petitioner for adoption, the guardian of the individual, the legal custodian of the child, or the individual standing in parental relationship to the child can give consent.
In cases where the identity and address of the parents are known, they must be personally served the petition and notice for termination of parental rights in compliance with the North Dakota Rules of Civil Procedure. If the identity of the parents is unknown but their location is known, notice must be given by publication of the petition at least once a week for three consecutive weeks in the official newspaper of the county in which the unknown parent is located.
Placement of Child
A parent, upon giving written notice to the department of health and human services and human service zone, may place their own child in the home of the child’s grandparent, uncle, or aunt for adoption or guardianship by the person receiving the child. The child must be considered abandoned if proceedings for the adoption or guardianship of the child are not initiated by such relative within one year following the date of notice of placement (North Dakota Century Code).
Court Proceedings
The court may order an appropriate investigation to assist it in determining whether the adoption is in the best interest of the individuals involved. 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.
Mediation Process
In some cases, the court may refer the parties to a mediation process. This can occur in any civil proceeding in which there is a dispute or an unresolved issue regarding parental rights and responsibilities, including an original proceeding for a divorce, separation, or paternity in which the issue may appear (North Dakota Rules of Court).
Financial Responsibility
Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children must be determined in accordance with the provisions of article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of North Dakota laws fixing responsibility for the support of children also may be invoked (North Dakota Century Code 14-13-03).
In conclusion, the adoption of a relative in North Dakota involves several legal steps, including obtaining consent, placing the child, court proceedings, and potentially mediation. It is advisable to consult with a legal professional to ensure all procedures are correctly followed.