Parental Consent for Adoption in North Dakota
In North Dakota, the process of obtaining parental consent for adoption is governed by the North Dakota Century Code (NDCC), specifically Chapter 14-15, which outlines the legal procedures and requirements for adoption. This article will provide a detailed overview of how parental consent is obtained for adoption in North Dakota, referencing the relevant statutes and legal procedures.
Consent Requirements
According to NDCC 14-15-05, a petition to adopt a minor may only be granted if written consent to a particular adoption has been executed by:
- The mother of the minor, whether by birth or adoption;
- The father of the minor, if:
- The minor is the father’s child by adoption, or the father has legitimated the minor according to the laws of the place in which the adoption proceeding is brought; or
- The person is presumed to be the biological father of the minor under subsection 1 of section 14 -20-10, provided the nonexistence of the father and child relationship between them has not been judicially determined;
- Any individual lawfully entitled to custody of the minor or empowered to consent;
- The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the minor is not empowered to consent to the adoption;
- The minor, if more than ten years of age, unless the court in the best interest of the minor dispenses with the minor’s consent; and
- The spouse of the minor to be adopted.
Execution of Consent
As per NDCC 14-15-07, the required consent to adoption must be executed at any time after the birth of the child and in the following manner:
- If by the individual to be adopted, in the presence of the court.
- If by an agency, by the executive head or other authorized representative, in the presence of an individual authorized to take acknowledgments.
- If by any other individual, in the presence of the court or in the presence of an individual authorized to take acknowledgments.
- If by a court, by appropriate order or certificate.
Withdrawal of Consent
According to NDCC 14-15-08, a consent to adoption cannot be withdrawn after the entry of a decree of adoption. However, a consent to adoption may be withdrawn before the entry of a decree of adoption if the court finds, after notice and opportunity to be heard is afforded to the petitioner, the individual seeking the withdrawal, and the agency placing a child for adoption, that the withdrawal is in the best interest of the individual to be adopted and the court orders the withdrawal.
Exceptions to Consent Requirement
NDCC 14-15-06 outlines certain circumstances where consent to adoption is not required. These include cases where a parent has deserted or abandoned a child, a parent has failed significantly without justifiable cause to communicate with or provide for the child for at least one year, or the father of a minor if the father’s consent is not required by subdivision b of subsection 1 of section 14 -15-05.
Legal Counsel for Parents
As per NDCC 14-15-05, 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.
In conclusion, obtaining parental consent for adoption in North Dakota involves a series of legal procedures as outlined in the North Dakota Century Code. It is crucial to follow these procedures to ensure the legality and validity of the adoption process.