North Dakota

Overview

Original Birth Certificates. North Dakota is a Restricted State. North Dakota-born adult adopted people must secure a court order to obtain their own original birth certificates.

People Are Not Secrets. North Dakota law provides that a new certificate of birth after an adoption “may not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adoptive person.” Contrary to longstanding myths about birth records and adoption, birthparents do not control whether a new amended birth certificate is created and the original is sealed.

Court Records and Identifying Information. Court records in adoptions are sealed and unavailable except by court order. Exchange of identifying information may be facilitated through a complex process involving adoption agencies, which requires consent of the party from whom information is sought. While a court may order the release of identifying information, disclosure of the information is subject to an exacting standard. Information about a person will not be disclosed if that person objects to disclosure—moreover, disclosure will be ordered “only if the petitioner demonstrates that disclosure will not result in any substantial harm to the individual about whom identifying information is sought.”

Descendant Rights. North Dakota does not provide any specific rights of an adult adopted person’s descendants, spouse, or other relatives to obtain the original birth record of the adoptee, other than birth siblings having a right to use the confidential intermediary process through an adoption agency.

Adult Adoption. North Dakota law provides for the adoption of adults. The law states that “[a]ny individual may be adopted.” Consent of the person to be adopted, as well as that person’s spouse, is required. The spouse’s consent may be waived under certain circumstances.

North Dakota Law: Vital Records and Birth Certificates

Relevant parts of North Dakota vital records law. The entire North Dakota vital records statute is available here.

23-02.1-14. Infants of unknown parentage – Foundling registration
1. Whoever assumes custody of a living infant of unknown parentage shall report using the electronic birth registration system or on a form and in the manner prescribed by the state registrar within seven days to the state registrar the following information:

a. The date and place of finding.
b. Sex, color, or race, and approximate age of child and approximate date of birth.
c. Name and address of the persons or institution with whom the child has been placed for care.
d. Name given to the child by the custodian.
e. Other data required by the state registrar.

2. The place where the child was found must be entered as the place of birth and the date of birth must be determined by approximation.

3. A report registered under this section constitutes the birth record for the infant.

4. If the child is identified and a birth record is found or obtained, any report registered under this section must be sealed and filed and may be opened only by order of a court of competent jurisdiction or as provided by regulation.

23-02.1-17. Court reports of adoption
1. For each adoption decreed by any court in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report must include such facts as are necessary to locate and identify the birth record for the person adopted; provide information necessary to establish a new birth record for the person adopted; and must identify the order of adoption and be certified by the clerk of court.

2. Information in the possession of the petitioner necessary to prepare the adoption report must be furnished with the petition for adoption by each petitioner for adoption or petitioner’s attorney. The department of health and human services or other persons concerned shall supply the court with such additional information as may be necessary to complete the report. The provision of such information is a prerequisite to the issuance of a final decree.

3. Whenever an adoption decree is amended or annulled, the clerk of court shall prepare a report thereof, which must include the facts necessary to identify the original adoption report and the facts amended in the adoption decree as are necessary to properly amend the birth record.

4. Not later than the fifth day of each calendar month, the clerk of court shall forward to the state registrar reports of decrees of adoptions, annulment of adoption, or amendments thereof entered in the preceding month, together with such related reports as the state registrar shall require.

5. When the state registrar shall receive a report of adoption or annulment of adoption or amendment thereof from a court for a person born in the United States but outside this state, such report must be forwarded to the appropriate registration authority in the state of birth.

23-02.1-18. New birth records following adoption, legitimation, and paternity determination.
1. The state registrar shall establish a new birth record for a person born in this state when the registrar receives the following:

a. An adoption report as provided in section 23-02.1-17 or a certified copy of the decree of adoption together with the information necessary to identify the original birth record and to establish a new birth record; except that a new birth record may not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adoptive person.

b. A request that a new record be established and such evidence as required by rules and regulations proving that such person has been legitimated or that a court of competent jurisdiction has determined the paternity of such person.

2. For a person born in a foreign country whose adoptive parents are residents of the state of North Dakota at the time of the adoption, the state registrar shall prepare a new birth record:

a. In the case of a foreign-born person adopted in North Dakota, upon presentation of a report of adoption as required by section 23-02.1-17.

b. In the case of a foreign-born person adopted outside the state of North Dakota or outside the United States, or in the state of North Dakota prior to July 1, 1979, upon presentation of a certified copy of the adoption decree, and:

(1) A certified copy of the birth record of the adopted person; or
(2) An affidavit of an adoptive parent setting forth the true or probable date and place of birth and parentage of the adopted person.

Any certification of a birth record issued under this subsection must be in the same form as other certifications of birth records issued in this state except that it must state that it does not purport to be evidence of United States citizenship.

3. When a new birth record is established, the actual place and date of birth must be shown. The new birth record must be substituted for the original birth record:

a. Thereafter, the original birth record and the evidence of adoption, paternity, or legitimation is not subject to inspection except upon order of a court of competent jurisdiction or as provided by rules and regulations.

b. Upon receipt of a notice of annulment of adoption, the original birth record must be restored to its place in the files and the new birth record and evidence is not subject to inspection except upon order of a court of competent jurisdiction.

4. If no birth record is on file for the person for whom a new birth record is to be established under this section, an original birth record must be filed with the state registrar in accordance with the appropriate rules and regulations promulgated by the state department of health. The new record is also to be prepared on the standard forms in use at the time of the adoption, legitimation, or paternity determination.

5. When a new birth record is established by the state registrar, all copies of the original birth record in the custody of any custodian of permanent local records in the state must be sealed from inspection or forwarded to the state registrar, as the registrar directs.

23-02.1-27. Disclosure of records
Birth, death, and fetal death records, filings, data, or other information related to birth, death, and fetal death records are confidential and may not be disclosed except as authorized under this chapter. The state registrar shall restrict access to all vital records to protect vital records from loss, mutilation, or destruction and to prevent disclosure of the information contained in these records except as authorized under this chapter.

1. A certified copy of a birth record may be issued to the individual named on the record if that individual is at least sixteen years old, to a parent named on the record, to an authorized representative, or by the order of a court of competent jurisdiction. If the individual named on a birth record is deceased, a certified copy of that record may also be issued to a relative. If the date of birth on any birth record is more than one hundred and twenty-five years old, that record is an open record and a certified copy may be issued to anyone, except that adoption records remain confidential.

2. A certified copy of a complete death record may be issued to a relative, an authorized representative, the child fatality review board, a licensed physician, or a genetic sibling for the purposes of researching family medical history, a funeral director reporting the facts of death, or a person with personal or real property interests that depend upon information contained in the complete death record or by the order of a court of competent jurisdiction and may include the cause of death and the social security number. A certified copy of the facts of death record that includes the facts of death and the social security number may be issued to any person that may obtain a certified copy of a complete death record or to any licensed attorney who requires the copy for a bona fide legal determination. A certified copy of an informational death record may be issued to the general public, but the copy may not contain the cause of death or the social security number.

3. A certified copy of a fetal death record may be issued to a parent named on the record, an authorized representative, or by the order of a court of competent jurisdiction. A person authorized to receive a certified copy of a fetal death record may request the certified copy be issued in the form of a certification of birth resulting in stillbirth.

4. A noncertified informational copy of a marriage record may be issued to the general public.

5. A person authorized to receive a certified copy of any specific record may grant another person the same authority by completing a written authorization on a form prescribed by the state department of health.

6. The department of health and human services may grant limited access to birth and death information to divisions and programs of the department of health and human services, the department of transportation, the protection and advocacy project, and the information technology department necessary for the purpose of completing their respective official duties.

7. The department of health and human services may issue, through electronic means determined by the department of health and human services, verifications of information contained on birth or death records filed with the state registrar when such information is provided and a verification is requested by a governmental agency, whether foreign or domestic, in the conduct of the agency’s official duties. The department of health and human services may also issue these electronic verifications for a negotiated and agreed-upon fee to:

a. Benefit-paying parties, such as annuity companies, pension plans, and life insurance companies, that demonstrate a need for such information to determine whether the benefits the benefit-paying party are paying should be terminated or distributed to a beneficiary;

b. Physicians licensed to practice in the United States who demonstrate such information is needed to determine whether a patient the physician is treating has been lost to care;

c. Attorneys licensed to practice in the United States who demonstrate that the information is necessary to administer the attorneys’ client’s estate; or

d. Other entities for fraud prevention as determined by the state registrar.

North Dakota Law: Court Records and Identifying Information

Relevant parts of North Dakota adoption law related to court records and identifying information. The entire North Dakota adoption statute is available here.

14-15-01. Definitions
As used in this chapter, unless the context otherwise requires:

1. “Abandon” means:

a. As to a parent of a child not in the custody of that parent, failure by the noncustodial parent significantly without justifiable cause to:

(1) Communicate through physical contact or oral conversation with the child; or
(2) Provide for the care and support of the child as required by law.

b. As to a parent of a child in that parent’s custody:

(1) To leave the child for an indefinite period without making firm and agreed plans, with the child’s immediate caregiver, for the parent’s resumption of physical custody;

(2) Following the child’s birth or treatment at a hospital, to fail to arrange for the child’s discharge within ten days after the child no longer requires hospital care; or

(3) To willfully fail to furnish food, shelter, clothing, or medical attention reasonably sufficient to meet the child’s needs.

2. “Adult” means an individual who is not a minor.

3. “Agency” means an entity licensed under chapter 50-12 to place minors for adoption.

4. “Child” means a son or daughter, whether by birth or adoption.

5. “Court” means the district court of this state, and when the context requires means the court of any other state empowered to grant petitions for adoption.

6. “Department” means the department of health and human services.

7. “Genetic parent” means the biological mother or adjudicated mother of the adopted child, or the presumed father or adjudicated father of the adopted child under chapter 14-20.

8. “Genetic sibling” means individuals with genetic relationship of sister, brother, half-sister, or half-brother.

9. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.

10. “Identifying” includes full name, address, date of birth, telephone number, or anything that may lead to the identity of any previously undisclosed individual.

11. “Investigation” includes information obtained regarding the child’s history, a preplacement adoption assessment of the prospective adoptive family, and an evaluation of the child’s placement in the adoptive home.

12. “Minor” means an individual under the age of eighteen years.

13. “Nonidentifying adoptive information” means:

a. Age of genetic parent in years at the birth of the adopted child.
b. Heritage of genetic parent.
c. Educational attainments, including the number of years of school completed by genetic parent at the time of birth of the adopted child.
d. General physical appearance of genetic parent at the time of birth of the adopted child, including the height, weight, color of hair, eyes, skin, and other information of a similar nature.
e. Talents, hobbies, and special interests of genetic parents.
f. Existence of any other children born to either genetic parent.
g. Reasons for child being placed for adoption or for termination of parental right.
h. Religion of genetic parent.
i. Vocation of genetic parent in general terms.
j. Health history of genetic parents and blood relatives in a manner prescribed by the department.
k. Such further information which, in the judgment of the agency, will not be detrimental to the adoptive parent or the adopted individual requesting the information, but the additional information may not identify genetic parents by name or location.

14. “Relative” means any individual having the following relationship to the minor by marriage, blood, or adoption: brother, sister, stepbrother, stepsister, first cousin, uncle, aunt, or grandparent.

15. “Stepparent” means an individual who is married to a parent of a child who has not adopted the child.

14-15-16. Hearings and records in adoption proceedings—Confidential nature—Disclosure of identifying and nonidentifying information—Retroactive operation
1. The provisions of this section supersede any other law regarding public hearings and records.

2. For purposes of this section:

a. “Genetic parent” includes a man presumed or adjudicated to be the adopted individual’s father under chapter 14-20 and an alleged father when so indicated in the files of the child-placing agency or the department, but only if there exists in those files information that corroborates the allegation of paternity, including the existence of communications between the alleged father and the child-placing agency, or between the alleged father and the genetic mother or members of her family, or such other corroborative information as may be permitted by rules adopted by the department.

b. “Notify” means to make a personal and confidential contact with the individual to whom a disclosure of identifying information has been requested. The personal and confidential contact must be made by an employee or agent of the child-placing agency that processed the adoption or by some other licensed child-placing agency designated by the individual initiating the search.

3. All hearings held in actions under this chapter must be held in closed court without admittance of any individual other than essential officers of the court, the parties, their witnesses, counsel, individuals who have not previously consented to the adoption but are required to consent, the parents of an adult to be adopted, and representatives of the agencies present to perform their official duties. Upon a showing of good cause by the petitioner, the court may prohibit the parents of an adult to be adopted from attending the adoption hearings and proceedings. A parent of an adult to be adopted who is prohibited by the court from attending the proceedings may submit relevant testimony or information regarding the petition to the court in writing.

4. All papers; records; and identifying and nonidentifying information relating to an adopted individual, birth siblings, birth parents, or adoptive parents, whether part of the permanent record of the court or of a file in the department or in an agency are confidential and may be disclosed only in accordance with this section. Papers, records, and information directly pertaining to the adoption must be kept permanently by the department and agency.

5. Nonidentifying information, if known, concerning undisclosed genetic parents must be furnished at a reasonable fee to:

a. The adoptive parents at the time of adoptive placement or upon their written request;
b. An adopted adult upon written request; or
c. A birth parent upon written request.

6. The clerk of the appropriate district court, upon request and payment of the proper fee, shall furnish a certified copy of the decree of adoption to the adoptive parents, the guardian of an adopted minor child, or an adopted adult, provided the decree does not disclose the identity of the genetic parents or the name of the adopted individual before the adoption action.

7. Before the child reaches adulthood, at the discretion of the child-placing agency, with due regard for confidentiality exchanges of identifying or nonidentifying information may take place between the genetic parents, adoptive parents, and adopted child.

a. Disclosure of a party’s identifying information may not occur unless the party consents to disclosure.
b. If one parent objects, the identifying information disclosed by the agency may only relate to the consenting parent or parents.

8. An adopted individual who is eighteen years of age or older may request the department to initiate the disclosure of information identifying the adopted individual’s genetic parents or to initiate the disclosure of nonidentifying information not on file with the department or a child-placing agency.

9. An adopted individual who is eighteen years of age or older may request the department to initiate the disclosure of information identifying the adopted individual’s adult genetic sibling.

10. A genetic parent of an adopted individual, after that individual has reached twenty-one years of age, may request the department to initiate the disclosure of information identifying that individual or to initiate the disclosure of nonidentifying information not on file with the department or a child-placing agency.

11. An adult genetic sibling of an adopted individual, after that individual has reached twenty-one years of age, may request the department to initiate disclosure of information identifying that individual.

12. An adult child of a deceased adopted individual may request the department to initiate the disclosure of information identifying the adopted individual’s genetic parents or to initiate the disclosure of nonidentifying information not on file with the department or child-placing agency.

13. An adult child of an adopted individual who is still living may not request the department to initiate disclosure of information identifying the adopted individual’s genetic parents or to initiate the disclosure of nonidentifying information not on file with the department or child-placing agency.

14. The department shall, within five working days of receipt of a request under subsection 8, 9, 10, 11, 12, or 13, notify in writing a child-placing agency having access to the requested information. If the department’s records do not identify any child-placing agency having access to the requested information, the department, within five working days after receipt of the request, shall so notify the requester in writing. The requester may designate a child-placing agency from a list of such agencies furnished by the department, ask the department to designate an agency, or terminate the request.

15. Within ninety days after receiving notice of a request made under subsection 8, 9, 10, 11, 12, or 13, the child-placing agency shall make complete and reasonable efforts to notify the individual or individuals with respect to which a disclosure of identifying information has been requested. The child-placing agency must certify the results of its efforts to the department within one hundred twenty days after receipt of the request. The child-placing agency may charge a reasonable fee to the requester for the cost of making a search pursuant to the request. All communications under this subsection are confidential. If the search is not completed within ninety days, additional time may be requested. Approval of this request must be given by the individual requesting the search.

16. The personal and confidential contact must be evidenced by an affidavit of notification executed by the individual who notified each genetic parent, adopted individual, or genetic sibling and certifying that each genetic parent, adopted individual, or genetic sibling contacted was given the following information:

a. The nature of the identifying information to which the agency has access.
b. The nature of any nonidentifying information requested.
c. The date of the request of the adopted individual, genetic parent, or genetic sibling.
d. The right of the genetic parent, adopted individual, or genetic sibling to file, authorize disclosure or refuse to authorize disclosure.
e. The effect of a failure of the genetic parent, adopted individual, or genetic sibling to either authorize disclosure or refuse to authorize disclosure.

17. An adopted individual, genetic parent, or genetic sibling, with respect to whom a disclosure of identifying information has been requested, may authorize disclosure, refuse to authorize disclosure, or take no action. If no action is taken in response to a request, the child-placing agency must treat that as a refusal to authorize disclosure, except that it does not preclude disclosure after the individual’s death.

18. If the child-placing agency has been able to locate only one genetic parent who authorizes disclosure and the other genetic parent cannot be located, the identifying information must be disclosed to the adopted individual. The information disclosed by the agency may relate only to the consenting parent.

19. If the child-placing agency has located both genetic parents and only one genetic parent authorizes disclosure, the child-placing agency may not disclose identifying information regarding the consenting parties unless there is a court order authorizing the disclosure. Upon application to the court by the child-placing agency, the court shall issue an order authorizing disclosure of information identifying the consenting parties. The order must include any conditions the court determines sufficient to reasonably ensure the continued nondisclosure of information identifying the objecting genetic parent. Conditions placed on the disclosure may include a sworn statement by the consenting genetic parent to refrain from disclosing to the adopted individual any information identifying the objecting genetic parent.

20. The certification of the child-placing agency to the department must include:

a. A statement of whether it has been able to notify the individual about whom a disclosure of identifying information was requested and whether a notification was precluded by the death of the individual.

b. If a genetic sibling was to be notified at the request of an adopted individual, or if an adopted individual was to be notified at the request of a genetic sibling, a statement of whether either individual knows the identity of any mutual genetic parent.

c. Assurances that:

(1) No disclosure of identifying information has been made with respect to any adopted individual, genetic parent, or genetic sibling who has not authorized the disclosure in writing unless the child-placing agency has verified that the individual has died leaving no unrevoked written refusal to authorize disclosure.

(2) Any disclosure of identifying information that might lawfully be made under this section was made within ten days after the date of receipt of written authorization or the date on which the agency verified that the individual had died.

d. Copies of any written authorization of disclosure or refusal to authorize disclosure.

e. A statement that the individual about whom disclosure of identifying information was requested has neither authorized nor refused to authorize disclosure at the time of the certification.

f. The date of each notification.

g. A copy of each affidavit of notification.

21. The child-placing agency, acting on the request of an adopted individual to disclose identifying information about a genetic sibling, or acting on the request of a genetic sibling to disclose identifying information about an adopted individual, must determine if either individual knows the identity of a living mutual genetic parent. If either individual knows the identity of a living mutual genetic parent, no disclosure may be made unless that parent is first notified, in the manner provided for in subsection 13. The identifying information released may only relate to the consenting parties.

22. Upon application to the department by an adult adopted individual or the parent or guardian of a minor adopted child, the department may investigate or cause to be investigated facts necessary to determine the adopted individual’s eligibility for enrollment as a member of an Indian tribe.

a. The department may inquire of any individual or agency, including a licensed child-placing agency in North Dakota, to assist in the investigation.

b. All identifying information obtained by the department shall remain confidential.

c. The bureau of Indian affairs or an Indian tribe may be provided sufficient information obtained from the investigation to determine the eligibility of the adopted individual for enrollment in an Indian tribe. Before the department’s release of information to the bureau of Indian affairs or an Indian tribe, the department shall request written assurance from the bureau of Indian affairs or an Indian tribe that the information provided will remain confidential and will not be furnished to any unauthorized individual or agency.

d. The procedure used in contacting the genetic parents of the adopted child must be a personal and confidential contact. Any necessary contact must be made by an employee or agent of a licensed child-placing agency or the department. The information requested of the genetic parents must be limited to that information necessary to make a determination of the adopted individual’s eligibility for enrollment in an Indian tribe.

e. The department or agency may charge a reasonable fee.

23. An individual may not be required to disclose the name or identity of either an adoptive parent or an adopted individual except:

a. In accordance with this section;
b. As authorized in writing by the adoptive parent or the adopted individual; or
c. Upon order of the court entered in a proceeding brought under subsection 24.

24. An adopted individual, a genetic parent, a genetic sibling, or a guardian of any of those individuals may petition the district court for an order directing the disclosure of identifying information.

a. The petitioner shall state that efforts to secure the requested disclosure have been made under this section or are forbidden under this section, that the petitioner has a significant need for the disclosure, and the nature of that need.

b. The petition shall name the department and any child-placing agency that has received a request under subsection 8, 9, 10, 11, 12, or 13 as respondents.

c. The respondents must furnish, to the court, for in camera review, copies of such records as the respondents may possess that contain requested identifying information.

d. The court may determine if individuals about whom the disclosure of identifying information is requested must be furnished notice of the proceeding and may require that the respondents give notice to those individuals. If those persons participate in the proceeding they must be permitted to do so in a manner, to be determined by the court, which avoids disclosure of identifying information except when disclosure is ordered by the court.

e. The court may order disclosure only if the petitioner demonstrates that disclosure will not result in any substantial harm to the individual about whom identifying information is sought. The court may not order the disclosure of identifying information concerning any individual who objects to that disclosure.

25. The provisions of this section governing the release of identifying and nonidentifying adoptive information apply to adoptions completed before and after July 1, 1979.

26. Any child-placing agency discharging in good faith its responsibilities under this section is immune from any liability, civil or criminal, that otherwise might result.

27. The department shall make such reasonable rules as are necessary to carry out the purposes of this section.

14-15-17. Recognition or validation of foreign decree affecting adoption
1. A decree of court terminating the relationship of parent and child or establishing the relationship by adoption issued pursuant to due process of law by a court of any other jurisdiction within or outside of the United States must be recognized in this state and the rights and obligations of the parties as to matters within the jurisdiction of this state must be determined as though the decree were issued by a court of this state.

2.a. To obtain a validation of a foreign decree of adoption, the adoptive parent shall provide to the court a petition for validation of foreign adoption, an admission stamp in the adopted individual’s passport which indicates that the individual was admitted to the United States with an IH-3 or IR-3 visa, the individual’s foreign birth certificate and English translation, the individual’s foreign adoption decree and English translation, and a signed affidavit from the agency which states that the foreign adoption is valid and which states the name by which the individual is to be known. The petition for validation of foreign adoption must be signed and verified by the petitioner, filed with the clerk of the court, and state:

(1) The date and place of birth of the individual to be adopted, if known;
(2) The name to be used for the individual whose foreign adoption decree is being petitioned for validation;
(3) The date the petitioner acquired custody or the date of placement of the individual and the name of the foreign country’s placing agency;
(4) The full name, age, place, and duration of residence of the petitioner; and
(5) The marital status of the petitioner, including the date and place of marriage, if married.

b. Upon a finding that the requirements of subdivision a have been met, the court shall issue a decree of validation of foreign adoption. The clerk of court shall forward a copy of the decree of validation of foreign adoption to the registrar of vital statistics for the issuance of a birth record in accordance with section 14-15-18.

14-15-18. Application for new birth record
Within thirty days after an adoption decree or decree of validation of foreign adoption becomes final, the clerk of the court shall prepare an application for a birth record in the new name of the adopted individual and forward the application to the appropriate vital statistics office of the place, if known, where the adopted individual was born and forward a copy of the decree to the department of this state for statistical purposes. In the case of the adoption of an individual born outside of the United States, the court may make findings, based on evidence from the petitioner and other reliable state or federal sources, on the date and place of birth and parentage of the adopted individual. These findings must be certified by the court and included with the report of adoption filed with the state registrar of vital statistics pursuant to section 23-02.1-17.

North Dakota Law: Adoption Generally

Relevant parts of North Dakota adoption law. The entire North Dakota adoption statute is available here.

14-15-02. Who may be adopted
Any individual may be adopted.

14-15-03. Who may adopt
The following individuals may adopt:

1. A husband and wife together although one or both are minors.

2. An unmarried adult.

3. The unmarried father or mother of the individual to be adopted.

4. A married individual without the other spouse joining as a petitioner, if the individual to be adopted is not the adopting person’s spouse, and if:

a. The petitioner is a stepparent of the individual to be adopted and the biological or legal parent of the individual to be adopted consents;

b. The petitioner and the other spouse are legally separated; or

c. The failure of the other 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.

14-15-05. Persons required to consent to adoption
1. Unless consent is not required under section 14-15-06, a petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

a. The mother of the minor whether by birth or adoption;

b. The father of the minor, if:

(1) The minor is the father’s child by adoption, or the father has otherwise legitimated the minor according to the laws of the place in which the adoption proceeding is brought; or

(2) The person is presumed to be the biological father of the minor under subsection 1 of section 14-20-10, provided the nonexistence of the father and child relationship between them has not been judicially determined;

c. Any individual lawfully entitled to custody of the minor or empowered to consent;

d. The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the minor is not empowered to consent to the adoption;

e. The minor, if more than ten years of age, unless the court in the best interest of the minor dispenses with the minor’s consent; and

f. The spouse of the minor to be adopted.

2. A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult’s spouse.

14-15-06. Individuals as to whom consent not required— Notice of hearing
1. Consent to adoption is not required of:

a. A parent who has deserted a child without affording means of identification or who has abandoned a child.

b. A parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly without justifiable cause:

(1) To communicate with the child; or
(2) To provide for the care and support of the child as required by law or judicial decree.

c. The father of a minor if the father’s consent is not required by subdivision b of subsection 1 of section 14-15-05.

d. A parent who has relinquished that parent’s right to consent under section 14-15-19.

e. A parent whose parental rights have been terminated by order of court under section 14-15-19.

f. A parent judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent.

g. Any parent of the individual to be adopted, if the individual is an adult.

h. Any legal guardian or lawful custodian of the individual to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of sixty days or who, after examination of the guardian’s or custodian’s written reasons for withholding consent, is found by the court to be withholding consent unreasonably.

i. The spouse of the individual to be adopted, if the failure of the spouse 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.

j. A parent of the minor, if the failure of the parent to consent is excused by the court in the best interest of the child by reason of the parent’s prolonged unexplained absence, unavailability, incapacity, or significant failure, without justifiable cause, to establish a substantial relationship with the minor or to manifest a significant parental interest in the minor, or by reason of inability of the court to identify the parent.

2. Except as provided in section 14-15-11, notice of hearing on a petition for adoption need not be given to an individual whose consent is not required or to an individual whose consent or relinquishment has been filed with the petition.

14-15-14. Effect of petition and decree of adoption
1. A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this state or of any other place, have the following effect as to matters within the jurisdiction or before a court of this state:

a. Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and the individual’s relatives, including the individual’s biological parents, so that the adopted individual thereafter is a stranger to the individual’s former relatives for all purposes, including inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, that do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship; and

b. To create the relationship of parent and child between petitioner and the adopted individual, as if the adopted individual were a legitimate blood descendant of the petitioner, for all purposes, including inheritance and applicability of statutes, documents, and instruments, whether executed before or after the adoption is decreed, which do not expressly exclude an adopted individual from their operation or effect.

2. Notwithstanding the provisions of subsection 1, if a parent of a child dies without the relationship of parent and child having been previously terminated and a spouse of the living parent thereafter adopts the child, the child’s right of inheritance from or through the deceased parent is unaffected by the adoption.

3. An interlocutory decree of adoption, while it is in force, has the same legal effect as a final decree of adoption. If an interlocutory decree of adoption is vacated, it must be as though void from its issuance, and the rights, liabilities, and status of all affected individuals which have not become vested must be governed accordingly.

14-15-15. Appeal and validation of adoption decree
1. An appeal from any final order or decree rendered under this chapter may be taken in the manner and time provided for appeal from a judgment in a civil action.

2. Subject to the disposition of an appeal, upon the expiration of one year after an adoption decree is issued the decree cannot be questioned by any individual, including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter, unless, in the case of the adoption of a minor the petitioner has not taken custody of the minor.

14-15-20. Adoption and legitimation by conduct
Notwithstanding the other provisions of this chapter, the biological father of an illegitimate minor adopts and legitimates a minor by publicly acknowledging the minor as that man’s child, receiving the minor into that man’s home, with the consent of that man’s wife, if that man is married, and otherwise treating the minor as if the minor were legitimate. Thereafter, the minor is deemed the legitimate child of the father for all purposes from the time of birth of the minor, the same as if the adoption had been finally decreed pursuant to this chapter.