Who May Adopt, Be Adopted, or Place a Child for Adoption - North Dakota

Date: January 2020

Who May Adopt

Citation: Cent. Code § 14-15-03

The following persons may adopt:

  • A husband and wife jointly if they are not separated, even if one or both are minors
  • An unmarried adult
  • The unmarried parent of the person to be adopted
  • A married individual singly if the individual to be adopted is not the adopting person's spouse and if any of the following apply:
    • The petitioner is a stepparent of the individual to be adopted, and the biological or legal parent of the individual to be adopted consents.
    • The petitioner and his or her spouse are legally separated.
    • The failure of the spouse to join in the petition or to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.

Who May Be Adopted

Citation: Cent. Code § 14-15-02

Any individual may be adopted.

Who May Place a Child for Adoption

Citation: Cent. Code §§ 14-15-05; 50-06-01.4

The child may be placed or consent may be given by any of the following:

  • The child's parent(s), whether by birth or adoption
  • The custodian of the child
  • The Department of Human Services
  • A licensed child-placing agency

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