Transfer of Parental Rights in North Dakota
In North Dakota, the law is clear about the transfer of parental rights. According to the North Dakota Century Code, 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, whether written or otherwise, is considered void (North Dakota Century Code, [verification required]).
Consent for Adoption or Guardianship
While a parent cannot transfer their rights, they can consent to the legal adoption or guardianship of their child. This consent must be in writing and does not operate to transfer any right in the child in the absence of a decree by a court having jurisdiction. The child must be considered abandoned if proceedings for the adoption or guardianship of the child are not initiated by the relative within one year following the date of notice of placement (North Dakota Century Code, [verification required]).
Relinquishment of Parental Rights
In certain circumstances, a parent may relinquish their parental rights. This is a serious decision and is generally only done in the context of adoption proceedings. According to section 14-15-19 of the North Dakota Century Code, all rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption, may be relinquished and the relationship of parent and child terminated by a writing, signed by the parent.
However, a relinquishment of parental rights can be withdrawn by the parent, and a decree of a court terminating the parent and child relationship under this section may be vacated by the court upon motion of the parent, if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal or vacation of the decree (North Dakota Century Code, 14-15-19).
Right to Legal Counsel
It’s important to note 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 under section 14 -15-19 if the minor is to be placed for adoption by a child -placing agency licensed under chapter 50 -12. 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 (North Dakota Century Code, 14-15-19.1).
Petition for Relinquishment
A birth parent or identified adoptive parent may file with the court a petition to relinquish parental rights with respect to a minor child to the identified adoptive parent. The written consent of any birth parent to the adoption must accompany the petition. The written consent of the identified adoptive parent to assume custody must be filed with the petition (North Dakota Century Code, 14-15.1-02).
In conclusion, while a parent cannot directly transfer their parental rights to another person, they can consent to the adoption or guardianship of their child, or relinquish their parental rights in the context of adoption proceedings. It is highly recommended that any parent considering these options seek legal counsel to fully understand the implications and legal procedures involved.