Role of the Birth Father in Adoption in North Dakota
In North Dakota, the role of the birth father in an adoption process is defined by the North Dakota Century Code. The birth father’s involvement is determined by his established relationship with the child and his legal rights and responsibilities.
Establishing the Father-Child Relationship
According to North Dakota Century Code 14-20-10, the father-child relationship can be established in several ways:
- An unrebutted presumption of the man’s paternity of the child.
- An effective acknowledgment of paternity by the man under sections 14-20-11 through 14-20-24, unless the acknowledgment has been rescinded or successfully challenged.
- An adjudication of the man’s paternity.
- Adoption of the child by the man.
- The man’s having consented to assisted reproduction by a woman under sections 14-20-59 through 14-20-65 which resulted in the birth of the child.
Involvement in the Adoption Process
Once the father-child relationship is established, the birth father has certain rights and responsibilities in the adoption process. According to Chapter 14-15.1 of the North Dakota Century Code, the birth father, as a “birth parent”, has the right to select the identified adoptive parent(s) for the child.
The birth father’s consent is generally required for the adoption to proceed. If the birth father does not consent or cannot be located, the court may proceed with the adoption if it is in the best interests of the child.
Termination of Parental Rights
If the court determines that placement with the identified adoptive parent is in the best interests of the child, it may enter an order terminating the relationship of the birth parent and the child, as per section 14-15.1-09. This effectively ends the legal rights and responsibilities of the birth father towards the child.
Right to Legal Counsel
The birth father has the right to legal counsel during the adoption process. If the birth father cannot afford legal counsel, the court must inform him of other legal counsel services that may be available at no cost, as per section 14-15-20.
Legitimation by Conduct
Under section 14-15-20, the biological father of an illegitimate minor can adopt and legitimate a minor by publicly acknowledging the minor as his child, receiving the minor into his home, and otherwise treating the minor as if the minor were legitimate.
In conclusion, the role of the birth father in an adoption in North Dakota is multifaceted, involving the establishment of paternity, participation in the adoption process, potential termination of parental rights, and the right to legal counsel.