In this answer · 1 sections
In North Dakota, an unmarried person must be an adult, meaning 18 or older, to adopt, and a married couple adopting together may do so even if one or both spouses are under 18. These rules appear in N.D.C.C. 14-15-03, read with the definition of an adult in N.D.C.C. 14-15-01.
Unmarried adopters: If you are adopting on your own, you must be 18 or older.
Married couples: A husband and wife may adopt together "although one or both are minors." For a stepparent adoption, this means your age alone is not necessarily a barrier if you and the child's parent are married and adopting together.
The child's own parent: The statute states no adult requirement for the unmarried father or mother of the child being adopted.
Age gap between you and the child: The North Dakota law we work from does not set out an age-difference rule. If you are close in age to the child, ask the District Court clerk in your county or an attorney whether anything applies to your situation.
Other points that often come up alongside age
- Court: Stepparent adoptions are filed in the District Court. North Dakota has 53 counties, and the clerk in your county can confirm local filing details and the current fee.
- Residency: There is no minimum residency period to file (N.D.C.C. § 14-15-04).
- Home study: A home study is waived for stepparent adoptions (N.D.C.C. § 14-15-11).
- Child's consent: A child who is 10 or older must consent to the adoption (N.D.C.C. § 14-15-05).
- Other parent: If the other legal parent will not consent, North Dakota uses a 12-month abandonment period (N.D.C.C. § 14-15-19). Whether it applies depends on the facts. For a contested case or an unknown or absent parent, speak with the court clerk or an attorney about your specific circumstances.
- Timeline: Stepparent adoptions in North Dakota typically take 3-6 months.
Adopting an adult: North Dakota also permits adult adoption. An adult is anyone 18 or older, and the adult adoption timeline is typically 4-8 weeks.
Records afterward: Once the adoption is final, the North Dakota Division of Vital Records handles the records side, such as an amended birth certificate.
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. The price is $349 for the first child (or for one adult adoptee) and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 172 North Dakota families, and 34,000+ families nationally since 2001.
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
Adoption document specialists · 25+ years of experience · 34,000+ families helped.
Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.
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