When should I start the stepparent adoption process in North Dakota?

You can start your North Dakota stepparent adoption as soon as you're ready. North Dakota has no minimum residency period before you file (N.D.C.C. § 14-15-04), so you don't have to wait out a set number of months in the state first.

Where you file. Stepparent adoptions are filed in the District Court. Venue is where you or the child lives, or where one of you is in military service, when the petition is filed or granted. The District Court clerk in your county can confirm local filing details and the current filing fee.

Things that can affect your timing:

• Child's consent. North Dakota sets the child's consent age at 10 (N.D.C.C. § 14-15-05). If your stepchild is 10 or older, plan for that consent as part of the process.
• The other parent. If the other legal parent will consent, that is usually the simplest path to plan around. If the other parent is absent or may object, North Dakota's abandonment period is 12 months (N.D.C.C. § 14-15-19). Whether that applies to your family depends on your specific facts, so talk to the District Court clerk or an attorney about that issue before you file.
• Home study. North Dakota waives the home study for stepparent adoptions (N.D.C.C. § 14-15-11). That is one less step that could slow you down.
• Living together. North Dakota also has a six-month live-in rule that applies to adoptions of minors. The clerk can tell you how it applies to your household and when to count from.

How long it takes. A stepparent adoption in North Dakota typically takes 3-6 months. Because that time runs from when you begin, starting sooner means your family becomes official sooner. Once finalized, the adoption gives your stepchild legal certainty with you and gives you recognized legal parental status.

If your child is already an adult. Adults 18 or older can be adopted too, and the timeline is usually shorter, about 4-8 weeks. The adult must give written consent and sign in front of the court.

A good time to start is when:

• You and your spouse (the child's parent) are both on board.
• You know whether the other parent is likely to consent.
• You have the basic details on hand, such as names, dates of birth and the child's current living arrangement.

If you are still sorting out the other parent's situation, you can gather information and ask the clerk questions while you prepare the paperwork.

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, with no attorney required. Our price is $349 for the first child (or for one adult adoptee) and $99 for each additional child. Court-ready documents arrive 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 more than 34,000 families nationally since 2001.