Termination of Parental Rights for Adoption in North Dakota
The termination of parental rights is a serious legal matter in North Dakota. It is a process that permanently ends the legal parent-child relationship. This process is often necessary in adoption cases, where the biological parents’ rights must be terminated before the adoption can proceed. The process is governed by North Dakota Century Code (NDCC) Chapter 14-15.
Voluntary Relinquishment of Parental Rights
According to NDCC 14-15-19, a parent can voluntarily relinquish their parental rights in or before an adoption action. This relinquishment includes the right to control the child, withhold consent to an adoption, and receive notice of a hearing on a petition for adoption.
The relinquishment must be done in writing, signed by the parent, and can occur 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. Alternatively, if the petitioner has had custody of the minor for two years, the parent can relinquish their rights if the court finds that the best interest of the child requires the granting of the adoption.
Involuntary Termination of Parental Rights
In addition to voluntary relinquishment, the relationship of parent and child may be terminated by a court order issued in connection with an adoption action under NDCC 14-15-19. This can occur on any ground provided by other law for termination of the relationship, such as neglect, abandonment, or abuse.
The court may terminate parental rights if it finds that the parent has abandoned the child, that the parent has substantially, continuously, or repeatedly neglected the child or refused to give the child necessary parental care and protection, or that the parent is unfit by reason of conduct or condition seriously detrimental to the child.
Legal Representation for Parents
NDCC 14-15-19 also provides that 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. The parent may retain counsel of their own choosing and at their own expense, or, if indigent, the parent may request the court to order that a state’s attorney serve as legal counsel to the parent at no cost to the parent.
Court Orders in Adoption Cases
If the court determines that placement with the identified adoptive parent is in the best interests of the child, the court shall enter an order terminating the relationship of the birth parent and the child, order that the child be placed with the identified adoptive parent pending adoption, order supervision by a child-placing agency until the adoption is finalized, and order the identified adoptive parent financially responsible for the support of the child until further order of the court.
In conclusion, the termination of parental rights in North Dakota is a complex process that requires careful consideration and legal guidance. It is crucial to consult with a knowledgeable family law attorney to understand the implications and navigate the legal procedures involved.