What are North Dakota's adoption laws?

North Dakota stepparent and adult adoptions are handled by the District Court in your county under North Dakota Century Code Chapter 14-15. Here is how the main rules work.

Where you file: Adoption cases go through the District Court. North Dakota has 53 counties. Venue is where the petitioner or the person being adopted lives, or is in military service, when the petition is filed or granted (N.D.C.C. § 14-15-04).

Residency: North Dakota sets no minimum residency period for filing (N.D.C.C. § 14-15-04). A separate six-month live-in rule applies only to adoptions of minors. The District Court clerk can confirm how it applies to your situation.

Consent from a child: A child who is 10 or older must consent to the adoption (N.D.C.C. § 14-15-05).

Abandonment: If the other birth parent's consent is the issue, North Dakota uses a 12-month period (N.D.C.C. § 14-15-19). Whether your facts meet it, and what happens if the other parent contests, is a question for an attorney or the court clerk.

Termination of rights: North Dakota does not treat termination as a separate case. It is handled within the adoption.

Home study: For stepparent adoptions, the home study is waived (N.D.C.C. § 14-15-11).

If you are married: A married adopter's spouse generally must join the petition. The exceptions are when the adopter is a stepparent and the parent-spouse consents, when the spouses are legally separated, or when the court excuses it.

Who can adopt: An unmarried adopter must be 18 or older. A husband and wife adopting together may do so even if one or both are minors.

Adult adoption: North Dakota permits it. An adult is anyone 18 or older, and the law does not require a prior relationship, a family tie or an age gap. Key points:

• The adult and the adult's spouse must give written consent, and the adult signs in front of the court.
• A birth parent's consent is not required for an adult adoptee.
• No home study is required, though the court may order an investigation.
• A hearing is required. Each living parent of the adult must get notice at least 20 days before it. The hearing is held in closed court.

Timeline: Stepparent adoptions of minors typically take 3 to 6 months. Adult adoptions typically take 4 to 8 weeks.

Fees and other details: Court filing fees and local procedures can differ by county, so the District Court clerk in your county can give you the current fee and any local requirements.