Can I adopt my stepchild if we recently moved to North Dakota?

Yes. North Dakota sets no minimum residency period, so being new to the state does not stop you from adopting your stepchild. The residency rule is N.D.C.C. § 14-15-04, and it deals with where you file, not how long you have lived here.

Where you file: Stepparent adoptions are filed in the District Court. Under N.D.C.C. § 14-15-04, the proper court is where the petitioner or the adoptee lives (or is in military service) when the petition is filed or granted. If you have moved to Fargo, Bismarck, Grand Forks, Minot, West Fargo or anywhere else in North Dakota, you would generally look to the District Court for your county. The District Court clerk can confirm the correct county for your situation, especially if you are between homes or still own a home elsewhere.

One thing to ask the clerk about: North Dakota has a separate rule about how long a minor child has lived in the home with the adopting parent, and it applies to minors only. Ask the clerk how that rule applies to your family, since it depends on your child's living arrangements.

What else matters, whether or not you just moved:

• Child's consent: A child who is 10 or older must consent (N.D.C.C. § 14-15-05).
• The other legal parent: Their consent is normally part of the process. If that parent is absent, North Dakota uses an abandonment period of 12 months (N.D.C.C. § 14-15-19). Whether that applies depends on the facts, so an attorney or the court clerk can help with a contested case or an unknown or unreachable parent.
• Home study: It is waived for stepparent adoptions (N.D.C.C. § 14-15-11), which is one less step for a newly arrived family.
• Timeline: Stepparent adoptions in North Dakota typically take 3-6 months.

If your move was recent, get these ready:

• Your marriage certificate
• Your stepchild's birth certificate
• Any court orders involving the child's other parent
• Proof of your current North Dakota address

If you previously lived in another state and have an existing custody or parental-rights order from there, mention it to the District Court clerk. How North Dakota treats out-of-state orders is something the clerk or an attorney should confirm. Court filing fees also vary, so ask the clerk in your county for the current amount.

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.