Can a same-sex stepparent adopt in North Dakota?

Yes. In North Dakota, a stepparent can ask the District Court to adopt their spouse's child, and the steps below apply to every stepparent adoption family, including same-sex couples. Which court hears your case depends on where you live, and the District Court clerk in your county can confirm local filing details.

Where you file: Your petition goes to the District Court. North Dakota has 53 counties, and the court package is prepared for the county where you file. Fargo, Bismarck, Grand Forks, Minot and West Fargo families all file in their own county's District Court.

What the process looks like:

• Residency: North Dakota has no minimum residency period for filing (N.D.C.C. § 14-15-04).
• Child's consent: A child who is 10 or older gives their own consent (N.D.C.C. § 14-15-05).
• The other parent: Their consent is part of the process, or the case may rest on abandonment. The abandonment period is 12 months (N.D.C.C. § 14-15-19).
• Home study: It is waived for stepparent adoptions (N.D.C.C. § 14-15-11).
• Timeline: A stepparent adoption in North Dakota typically takes 3-6 months.

Situations that depend on your facts: Some questions are specific to your family, and you should ask the District Court clerk in your county or a North Dakota family law attorney about them. Examples:

• The other legal parent is unknown, unreachable, or does not agree to the adoption.
• You are unmarried and wondering whether a second-parent adoption is available to you.
• A donor or another person may have parental rights.
• You want to know the exact filing fee, which the clerk can confirm.

If your case is contested or there is any doubt about the other parent's rights, speak with an attorney before you file.