Can a step-grandparent adopt a grandchild in North Dakota?

Yes, a step-grandparent can adopt an adult grandchild in North Dakota, because the law says "any individual may be adopted" (N.D.C.C. 14-15-02). For a minor grandchild, how North Dakota's rules apply to a step-grandparent is something to confirm with the District Court clerk in your county or an attorney.

If your grandchild is 18 or older: North Dakota has no relative, stepchild, prior-relationship, disability or age-gap condition for adopting an adult (N.D.C.C. 14-15-01 defines an adult as 18 or older). Here is how it works:

• Your age: An unmarried adopter must be an adult, 18 or older (N.D.C.C. 14-15-03).
• Consent: The adult grandchild and the grandchild's spouse, if married, must give written consent (N.D.C.C. 14-15-05(2)). The grandchild signs in the presence of the court (N.D.C.C. 14-15-07(1)).
• Parents: Their consent is not required for an adult adoptee (N.D.C.C. 14-15-06(1)(g)). Each living parent must still get notice at least 20 days before the hearing.
• Home study: It is not required for an adult adoptee, though the court may order an investigation (N.D.C.C. § 14-15-11).
• Hearing: A hearing is required in closed court. You and your grandchild must appear unless excused for good cause (N.D.C.C. 14-15-13(1)).
• Residency: There is no minimum residency period. Venue is where you or your grandchild lives, or is in military service, when the petition is filed or granted (N.D.C.C. § 14-15-04).
• Timeline: Adult adoptions typically take 4-8 weeks.

If you are married: Your spouse must generally join the petition. The exceptions are that the adopter is a stepparent and the parent-spouse consents, the spouses are legally separated, or the court excuses it (N.D.C.C. 14-15-03). The clerk can tell you how this applies to your family.

If your grandchild is a minor: The data we rely on covers stepparent adoption of a minor, not step-grandparent adoption, so ask the clerk or an attorney whether and how that route fits your situation. These are the North Dakota reference points for minors:

• The court is the District Court, and North Dakota has 53 counties, so your filing county matters.
• The child's consent age is 10 (N.D.C.C. § 14-15-05).
• The abandonment period is 12 months (N.D.C.C. § 14-15-19). Whether it applies to your family depends on the facts.