Can both my spouse and I adopt each other's children from prior relationships in North Dakota?

Yes. In North Dakota, you and your spouse can each adopt the other's child from a prior relationship, and each adoption is a stepparent adoption filed in the District Court. This is often called a mutual or cross-adoption. It lets both of you become legal parents to every child in your blended family.

How it works:

• You adopt your spouse's child as a stepparent, and your spouse adopts yours as a stepparent.
• When a married person adopts, their spouse generally must join the petition. The exception is when the adopter is a stepparent and the parent-spouse consents (N.D.C.C. 14-15-03). In a cross-adoption, each of you is the parent-spouse in the other's case, so your consents matter.
• How the court handles both petitions together, whether filed side by side or one after the other, is something the District Court clerk in your county can confirm.

Requirements to know about for each adoption:

• Residency: North Dakota has no minimum residency period (N.D.C.C. § 14-15-04). Venue depends on where the petitioner or child lives or is in military service, so confirm the right county with the clerk.
• Child's consent: A child who is 10 or older must consent to the adoption (N.D.C.C. § 14-15-05). If you have children at or above that age, each of them would be involved in the case.
• The other parent: Each child's other legal parent is a central issue. If that parent will not consent, or cannot be found, the abandonment provision applies, with a period of 12 months (N.D.C.C. § 14-15-19). Whether a particular situation qualifies depends on the facts. For a contested case or an unknown parent, ask the District Court clerk or an attorney about your specific circumstances.
• Home study: It is waived for stepparent adoptions (N.D.C.C. § 14-15-11).

Timeline: Stepparent adoptions in North Dakota typically take 3-6 months.