Adoption Requirements in North Dakota
Adoption in North Dakota is a legal process that involves several steps and requirements. The process is governed by the North Dakota Century Code and the North Dakota Rules of Civil Procedure. This article will provide a detailed overview of the requirements for adopting a child in North Dakota.
Eligibility to Adopt
In North Dakota, the petitioner for adoption can be the guardian of the individual, the legal custodian of the child, the individual standing in parental relationship to the child, an agency, or any other individual having a legitimate interest in the matter.
Notice and Consent
According to the North Dakota Rules of Civil Procedure, if the identity of the child’s parents is known and an address for service is also known, or the address can be ascertained with reasonable diligence, the parents must be personally served the petition and notice for termination of parental rights. If the identity of the parents is unknown but their location is known, and the identity cannot be ascertained with reasonable diligence, 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.
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. The court may order an appropriate investigation to assist it in determining whether the adoption is in the best interest of the individuals involved.
Investigation and Assessment
An investigation must be made by a licensed child-placing agency to inquire into the conditions and antecedents of a minor sought to be adopted and of the petitioner for the purpose of ascertaining whether the proposed adoption is in the best interest of the minor and whether the adoptive home is suitable for the minor. The licensed child-placing agency shall obtain and consider the foster care assessment of an applicant who is also a licensed, certified, or approved family foster home for children in the manner prescribed by the department. An adoptive home is presumed suitable if, in the manner prescribed by the department, the petitioner is continuously licensed, certified, or approved as a family foster home for children under chapter 50 -11.
Health Insurance Requirements
The department or child-placing agency involved in an adoption action may at any time before a final decree of adoption, if legal custody of the individual to be adopted is not held by the department, a county social service board, human service zone, a child-placing agency, or an equivalent office or agency outside the state, require the petitioner for the adoption of another individual to show proof that a health insurance policy is in effect which provides coverage for the individual to be adopted.
Restraining Provisions
In North Dakota, restraining provisions are also in place during the adoption process. For instance, except for temporary periods, neither spouse may remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court.
In conclusion, the adoption process in North Dakota involves several steps and requirements, including eligibility to adopt, notice and consent, investigation and assessment, health insurance requirements, and restraining provisions. It is important to consult with a legal professional to understand these requirements fully and to navigate the adoption process effectively.