How do I adopt an adult in North Dakota?

You adopt an adult in North Dakota by filing a petition in the District Court in the right county, getting the required written consents, and attending a short closed hearing where the judge decides whether to grant the adoption. Under North Dakota Century Code Chapter 14-15, an adult is anyone 18 or older.

Who can be adopted: "Any individual may be adopted" (N.D.C.C. 14-15-02). North Dakota sets no relationship, stepchild, disability or age-gap condition for adopting an adult. A married person can petition alone only if the person being adopted is not their spouse (N.D.C.C. 14-15-03).

Who can adopt: An unmarried adopter must be 18 or older. A married adopter's spouse generally must join the petition. Exceptions apply if the adopter is a stepparent and the parent-spouse consents, if the spouses are legally separated, or if the court excuses it. Whether one of these exceptions fits your situation is worth confirming with the clerk or an attorney.

Where to file: The District Court. Venue is where the petitioner or the adoptee lives, or is in military service, when the petition is filed or granted (N.D.C.C. § 14-15-04). North Dakota has no minimum residency period. The six-month live-in rule applies only to minors.

Consents you need:

• The adult being adopted must give written consent, and so must their spouse, if they have one (N.D.C.C. 14-15-05(2)).
• The adoptee signs in the presence of the court (N.D.C.C. 14-15-07(1)).
• The adoptee's parents do not need to consent to an adult adoption (N.D.C.C. 14-15-06(1)(g),(i)).
• If the adoptee's spouse is unavailable or unreasonably withholds consent, the court may excuse them. That depends on your facts, so ask the clerk or an attorney.

Home study: Not required when the adoptee is an adult, although the court may order an investigation (N.D.C.C. § 14-15-11).

The hearing: A hearing is required. Each living parent of the adult must get notice at least 20 days before it. The petitioner and adoptee must appear unless excused for good cause (N.D.C.C. 14-15-13(1)). The hearing is held in closed court, and for good cause the judge may bar the adult adoptee's parents from attending (N.D.C.C. 14-15-16(3)).

Timeline and fees: Adult adoptions in North Dakota typically take about 4-8 weeks. Court filing fees are set by the court, so the District Court clerk in your county can tell you the current amount and filing requirements. The clerk can also explain how to update records with the North Dakota Division of Vital Records after the adoption is granted.

Steps in order:

• Confirm the adopter and adoptee are both 18 or older, and note whether either is married.
• Prepare the petition and the written consent forms.
• File in the District Court in the right county.
• Give each living parent of the adoptee at least 20 days' notice of the hearing.
• Attend the hearing, where the adoptee signs consent before the court.

If your situation is complicated: If a parent or spouse objects, or you are unsure whether an exception applies, ask the District Court clerk or an attorney about that specific issue.

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, which you file yourself without an attorney. The price is $349 for one adult adoptee, with court-ready documents delivered within 24-48 hours after you finish the questions.