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You adopt your stepchild in North Dakota by filing a petition in the District Court, with your spouse (the child's parent) and any other required parties consenting or otherwise addressed. Adoptions fall under North Dakota Century Code Chapter 14-15, and North Dakota has 53 counties, each with its own District Court clerk.
The basic steps:
- Gather the information about you, your spouse, your stepchild and the child's other parent.
- Prepare the petition, consents and supporting forms for your county.
- File the package with the District Court clerk where you or the child lives.
- Complete any hearing or follow-up the court sets, then the court rules on the adoption.
Residency: North Dakota has no minimum residency period for filing (N.D.C.C. § 14-15-04). Filing is tied to the county where you or the child lives. A six-month live-in rule applies to adoptions of minors, so ask the clerk how it applies to your household.
Consent: Your spouse, as the child's parent, will need to be part of the process. Consent from the child is tied to age 10 (N.D.C.C. § 14-15-05), so a child who is 10 or older has a role in the adoption. If your spouse is married to you and you are the petitioner, the court may have rules on joining the petition. The clerk can tell you how that works for your family.
The child's other parent: This is the part that depends most on your facts. North Dakota sets an abandonment period of 12 months (N.D.C.C. § 14-15-19). Whether it applies to you, and what to do if the other parent is unknown, unreachable or opposed, is a question for the District Court clerk or an attorney who can look at your specific situation.
Home study: North Dakota waives the home study in stepparent adoptions (N.D.C.C. § 14-15-11), which removes a step that can slow things down elsewhere.
Timeline: A stepparent adoption in North Dakota typically takes about 3-6 months. Your court's schedule and whether anyone contests the adoption can change that.
Fees and records: The filing fee is set by the court, so the clerk in your county can give you the current amount. After the adoption, the North Dakota Division of Vital Records handles birth records.
Stepparent adoption in North Dakota at a glance
- Court
- District Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Child must consent at age
- 10
- Home study
- Usually waived for stepparents
- North Dakota families we've helped
- 172
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