North Dakota

North Dakota

Who may adopt?
A husband and wife together if not separated, even if one or both are minors.
An unmarried adult.
The unmarried parent of the adoptee.
A married individual legally separated.

Consent for adoption to be executed?
Consent may be executed anytime after the child's birth.

   
Revocation of consent?
Consent can be withdrawn before the final adoption order, but only if the court finds that it is in the child's best interest.
Consent cannot be withdrawn after the entry of a final decree of adoption.

Who may place a child for adoption?
The child's parent(s).
Custodian of the child.
The department.
A licensed child-placing agency.

Advertising?
No hospital providing maternity care may in any way advertise that it will give children for adoption or hold itself out, directly or indirectly, as being able to dispose of children; however, such hospitals may inform an unmarried mother of child-placing agencies licensed by the Department of Human Services.
No facility licensed under this chapter [to provide foster care] may advertise children for adoption, or be held out directly or indirectly, as being able to dispose of children, without first being licensed so to do under chapter 50-12.
No maternity home for unmarried mothers licensed under the provisions of this chapter may in any way advertise that it will give children for adoption, or hold itself out, directly or indirectly, as being able to dispose of children, but may inform an unmarried mother of licensed child-placing agencies.

Facilitators?
This issue is not addressed in the statutes reviewed.

Putative Father's Registry?
No.If the mother relinquishes or proposes to relinquish the child for adoption, the birth father is given notice if:

  • He is a presumed father.
  • He is a father whose relationship to the child has been determined by a court.
  • He is a father to whom the child is a legitimate child under law.
  • To identify the biological father (if need be), the court will cause an inquiry to be made. If the biological father is identified to the court's satisfaction, he is given notice of termination proceedings.
  • The birth father must appear and claim custodial rights.

Expenses?
Birth parent –
Medical or hospital care received by the mother or child.
Services related the placement and adoption of the child.
Legal fees.
Counseling.
Living expenses.
Payments may not exceed 6 weeks after delivery unless approved by the court.
Wages, gifts, educational expenses, vacations, or other similar expenses are not allowed.

Department/Agency –
Reasonable fees may be charged for professional services relating to placement, relinquishment or other pre-adoption services.

Information provided in part by the Child Welfare Information Gateway.

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