Adoption by Grandparents in North Dakota
Adoption in North Dakota is governed by the North Dakota Century Code (NDCC), which provides detailed guidelines on who can adopt, the process of adoption, and the rights and responsibilities of all parties involved. This article will focus on the specific provisions related to adoption by grandparents.
Legal Provisions for Adoption by Grandparents
According to the NDCC, a parent may place their child in the home of the child’s grandparent for adoption or guardianship. This is done by giving written notice to the Department of Health and Human Services and the Human Service Zone. However, the child is considered abandoned if proceedings for the adoption or guardianship are not initiated by the grandparent within one year following the date of notice of placement (NDCC).
It is important to note that a parent cannot assign or transfer their rights or duties with respect to the care and custody of their child. Any such transfer or assignment, written or otherwise, is void. The parent does have the right to consent in writing to the legal adoption of their child, but this consent does not operate to transfer any right in the child in the absence of a decree by a court having jurisdiction (NDCC).
Process of Adoption
The process of adoption in North Dakota involves several steps. The petitioner for adoption, which in this case would be the grandparent, must serve the petition and notice for termination of parental rights to the child’s parents, if their identities and addresses are known. This must be done in compliance with the North Dakota Rules of Civil Procedure (NDCC).
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 parents are located (NDCC).
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 (NDCC).
Mediation Process
In some cases, the court may refer the case to family mediation. 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 (NDCC).
Financial Responsibility
The financial responsibility for any child placed for adoption must be determined in accordance with the provisions of the Interstate Compact on the Placement of Children. In the event of partial or complete default of performance under the compact, the provisions of North Dakota laws fixing responsibility for the support of children may also be invoked (NDCC).
In conclusion, adoption by grandparents in North Dakota is a legally recognized and regulated process. It involves several steps, including serving notice to the parents, filing a petition for adoption, and potentially undergoing a court-ordered investigation. The process is governed by the North Dakota Century Code and the North Dakota Rules of Civil Procedure.