What if the biological parent lives in another state — can I still adopt in North Dakota?

Yes. A biological parent living in another state does not stop you from filing a stepparent adoption in a North Dakota District Court. The case is tied to where you and your child live, not to where the other parent lives.

Where you file: North Dakota's venue rule looks to where the petitioner or the child lives, not to the biological parent's address (N.D.C.C. § 14-15-04). Your case goes to the District Court. North Dakota has 53 counties, and the District Court clerk in your county can confirm exactly where to file, whether you live in Fargo, Bismarck, Grand Forks, Minot, West Fargo or a smaller community.

Residency: North Dakota has no minimum residency period for this kind of petition (N.D.C.C. § 14-15-04). You do not need to wait a set number of months before filing.

What stays the same when the other parent is out of state:

• Home study: It is waived for stepparent adoptions (N.D.C.C. § 14-15-11), so the other parent's location does not add one.
• Your child's consent: If your child is 10 or older, their consent is part of the process (N.D.C.C. § 14-15-05), wherever the other parent lives.
• Timeline: Stepparent adoptions in North Dakota typically take about 3-6 months.

If the other parent is far away or hard to reach: How an out-of-state parent is notified, how their consent is signed and verified, and what happens if they won't respond or can't be found all depend on the facts of your situation. The District Court clerk in your county can explain the court's practical steps, and an attorney can advise on your specific circumstances. North Dakota's abandonment period is 12 months (N.D.C.C. § 14-15-19). Whether it applies to your family depends on the history of contact and support, so a contested or unknown-parent situation is a good time to get an attorney's input.

Things to gather before you start:

• The other parent's last known address, even if it is out of state or out of date
• Any written communication about the adoption
• Details of your child's contact with that parent
• Your marriage information and your child's birth certificate information