Can a non-citizen adopt a stepchild in North Dakota?

North Dakota's adoption law sets requirements for adopters by age and marital status, and the rules we rely on do not mention citizenship, so you should confirm with the District Court clerk in your county or an immigration attorney how your immigration status is treated. Your status is specific to you, and we can't tell you how a judge will view it.

What North Dakota's rules say about who may adopt:

• Age: An unmarried adopter must be an adult, 18 or older. A husband and wife adopting together may do so even if one or both are minors.
• Residency: North Dakota has no minimum residency period for stepparent adoption. Venue is the District Court where you or the child lives (or is in military service) when the petition is filed or granted, under N.D.C.C. § 14-15-04. The clerk can confirm which county is right for your family.
• Court: Your petition is filed in the District Court. North Dakota has 53 counties, including those that serve Fargo, Bismarck, Grand Forks, Minot and West Fargo.

Other parts of a stepparent adoption:

• Child's consent: A child who is 10 or older must consent (N.D.C.C. § 14-15-05).
• Abandonment: If the other legal parent will not consent, North Dakota uses a 12-month abandonment period (N.D.C.C. § 14-15-19). A contested case, or one where a parent is unknown, depends on the facts. Talk to the clerk or an attorney about that specific issue.
• Home study: A home study is waived for stepparent adoptions (N.D.C.C. § 14-15-11).
• Timeline: Stepparent adoptions in North Dakota typically take 3-6 months.
• Filing fee: The District Court clerk in your county can tell you the current filing fee.

Questions to ask about your immigration status:

• Does the clerk's office have any additional paperwork it wants to see from a non-citizen petitioner?
• Could the adoption or the court process affect your immigration case? An immigration attorney is the right person to answer this.
• Are there any documents about your identity or history that the court expects you to include?

Bringing these questions to the clerk and, if needed, an immigration attorney will give you a clear answer for your situation before you file.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The cost is $349 for the first child and $99 for each additional child, and your court-ready documents are delivered within 24-48 hours after you finish the questions. We offer a 100% court acceptance guarantee, and we have helped 172 North Dakota families, part of the 34,000+ families we have helped since 2001.