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North Dakota

Who Must Consent:

• The mother, whether by birth or adoption.
• The father, whether by adoption or other means of legitimization.
• The presumed natural father.
• Any person lawfully entitled to custody.
• The court having jurisdiction to determine custody.

Consent of Adoptee:
A child 10 years or older must consent to the adoption.

When Parental Consent is Not Needed:

• The child has been abandoned.
• The parent fails to communicate with or support the child for 1 year.
• Parental rights have been terminated or relinquished.
• Adulthood of adoptee.
• Parental incompetence.

When Relinquishment Can Be Signed:
Consent may be executed any time after the child's birth.

How Relinquishment Must Be Signed:

• If by an agency, consent must be executed by executive head of agency or other representative before a person authorized to take acknowledgments.
• If by an individual, consent must be executed before a court.

Time for Revocation:
Consent can be withdrawn before the final order, but only if the court finds that it is in the child's best interest.

• Glossary of Terms
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents

Relinquishment Summaries by State: Index

Source: National Adoption Information Clearinghouse. Reprinted with permission.

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