Does incarceration count as abandonment for adoption in North Dakota?

Incarceration alone may not automatically constitute abandonment in North Dakota, but it is a significant factor — especially when combined with a lack of meaningful contact.

Under N.D.C.C. § 14-15-19, abandonment requires no meaningful contact for 12 months. The key question is: Has the incarcerated parent made efforts to maintain a relationship with the child?

Factors the District Court considers:

• Has the father written letters to the child?
• Has he made phone calls to the child?
• Has he requested visitation?
• Has he sent gifts or support?
• How long has he been incarcerated?
• What is the nature of his crime?

If he has NOT maintained contact: The court will very likely find abandonment, regardless of the reason. Being in prison does not excuse a parent from making any effort to stay in their child's life.

If he HAS maintained some contact: The case is more nuanced. Token contact (one letter in a year) generally does not negate abandonment, but consistent effort might.

In our 25+ years and 34,000+ adoptions, incarcerated parents who have not maintained contact almost always result in successful adoptions. We prepare the abandonment affidavit documenting the lack of contact, and the court handles the rest.

Start at stepparentadoption360.com/questionnaire — indicate the father's incarceration status and we will prepare accordingly.