Can I adopt my stepchild if I'm in a same-sex marriage in North Dakota?

Yes, if you are married to your stepchild's parent, you can petition the North Dakota District Court to adopt your stepchild. The adoption is governed by North Dakota Century Code Chapter 14-15. The steps below are the ones that apply to a married stepparent. If you have a question about how your particular marriage should be documented for the court, the District Court clerk in your county or an attorney can confirm it.

How the process works in North Dakota:

• Court: You file in the District Court. North Dakota has 53 counties, so local forms and practices depend on where you live.
• Residency: There is no minimum residency period for filing (N.D.C.C. § 14-15-04).
• Your spouse's role: Your spouse, the child's legal parent, takes part in the adoption. The court may require the parent-spouse's consent in the petition, and the clerk can tell you how your county handles it.
• Child's consent: A child who is 10 or older must consent (N.D.C.C. § 14-15-05).
• Home study: A home study is waived in a stepparent adoption (N.D.C.C. § 14-15-11).
• Timeline: A stepparent adoption in North Dakota typically takes 3-6 months.

The child's other parent: Most of the paperwork turns on the other legal parent, whether that is a biological or a legal parent. If that parent agrees, the process centers on their consent. If they will not consent or cannot be found, the court looks at whether the parent has abandoned the child. North Dakota sets the abandonment period at 12 months (N.D.C.C. § 14-15-19). Whether a parent's situation meets that standard depends on the facts. A contested case, an unknown parent, or a parent whose legal status is unclear should be discussed with the District Court clerk or an attorney who can look at your circumstances.

Fees and records: Court filing fees are set by each county, so the District Court clerk in your county can give you the current amount. After the adoption, the North Dakota Division of Vital Records is the agency to ask about updating the child's records.