Consent to Adoption - Northern Mariana Islands

Who Must Consent to an Adoption

Citation: Commonwealth Code Tit. 8, § 1404

Written consent to the adoption must be executed by the following:

• The mother
• The legal father of a legitimate child
• An adjudicated or presumed father
• A concerned natural father who has shown a reasonable degree of interest
• Any person or agency having custody
• The court having jurisdiction

Consent of Child Being Adopted

Citation: Commonwealth Code Tit. 8, § 1404(8)

A child who is age 10 or older must consent unless the court, in the child's best interests, dispenses with consent.

When Parental Consent is not Needed

Citation: Commonwealth Code Tit. 8, § 1405(a)

Consent to adoption is not required of the following:

• The parent who has done any of the following:
  • Abandoned the child
  • Failed to communicate with or support the child
  • Relinquished his or her rights or had them terminated
  • Been declared incompetent or mentally defective
• Any legal guardian to whom either of the following applies:
  • Fails to respond to a request for consent
  • Is found to be withholding consent unreasonably

When Consent Can Be Executed

Citation: Commonwealth Code Tit. 8, § 1406(a)

Consent to the adoption shall be executed at any time after the birth of the child.

How Consent Must Be Executed

Citation: Commonwealth Code Tit. 8, § 1406(a)

Consent to the adoption shall be executed in the following manner:

• If by the individual to be adopted, in the presence of the court
• If by an agency, by the executive head or authorized representative in the presence of a person authorized to take acknowledgments
• If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments
• If by a court, by appropriate order or certificate

A consent that does not name or otherwise identify an adopting parent is valid if the consent contains a statement that the consenting person voluntarily executed the consent irrespective of the disclosure of the name or other identification of the adopting parent.

Revocation of Consent

Citation: Commonwealth Code Tit. 8, § 1407

A consent to adoption cannot be withdrawn after the entry of a decree of adoption.

A consent to adoption may be withdrawn prior to the entry of the adoption decree if the court finds, after notice and opportunity to be heard to the petitioner, the person seeking withdrawal, and the agency placing the child, that the withdrawal is in the child's best interests.