Adopting a Child in North Dakota

A married couple adopting together, an unmarried adult, or the unmarried parent of the person to be adopted may adopt; a married person may adopt alone only in limited cases (such as a stepparent adoption or a legal separation). Written consent is generally needed from the mother, the legal or presumed father, any person or agency with custody, and the child if over 10 (unless the court excuses it); consent is not needed from a parent who abandoned the child or who for at least one year failed significantly, without justifiable cause, to communicate with or support the child. A licensed child-placing agency (or the Department of Health and Human Services) must investigate whether the adoption is in the child's best interest and the home is suitable. Except for a stepchild, the final decree generally may not issue until the child has lived in the adoptive home for at least six months. The petition is filed where the petitioner or the child lives or where the placing agency is located.

A stepparent may adopt without the other spouse joining the petition if the spouse (the child's parent) consents. The other parent's consent is still required unless an exception applies, such as abandonment or at least one year of significant failure, without justifiable cause, to communicate with or support the child. No agency investigation and report is required when the petitioner is a stepparent, and the six-month residence requirement does not apply to a stepchild.