North Dakota
North DakotaWho 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.
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.
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.
Consent can be withdrawn before the final order, but only if the court finds that it is in the child's best interest.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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