Can I adopt my stepchild who was born in another country in North Dakota?

Yes. North Dakota's adoption law says "Any individual may be adopted" (N.D.C.C. 14-15-02), and the statutes in our North Dakota information do not treat a stepchild differently because of where the child was born. A stepparent adoption of a foreign-born child is filed in the District Court, the same as any other stepparent adoption in North Dakota.

What stays the same:

• Court: Your petition goes to the District Court in your county.
• 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 must consent (N.D.C.C. § 14-15-05).
• Home study: It is waived in stepparent adoptions (N.D.C.C. § 14-15-11).
• Timeline: Stepparent adoptions typically take 3-6 months.

The other parent: Even if your stepchild was born abroad, the other biological parent's rights still have to be addressed. That usually means either that parent's consent or a showing of abandonment. North Dakota's abandonment period is 12 months (N.D.C.C. § 14-15-19). If that parent lives overseas, cannot be found, or has never been involved, the right steps depend on your facts. Ask the District Court clerk in your county or an attorney about that part.

Documents from abroad: You will almost certainly need proof of your stepchild's identity and birth, such as a foreign birth certificate. The clerk can tell you whether the court wants an English translation or any other form of authentication, and what the filing fees are in your county.

Birth certificate afterward: Whether a new North Dakota birth record can be issued for a child born in another country is a question for the North Dakota Division of Vital Records. Ask them before you count on it. The adoption decree is the court's legal order of the adoption.

Immigration and citizenship: Adoption is a state court matter, and your stepchild's immigration status or citizenship is a separate federal question.