North Dakota Century Code Title 14. Domestic Relations and Persons § 14-15-05. Persons required to consent to adoption




1. Unless consent is not required under section 14-15-06 , a petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

a. The mother of the minor whether by birth or adoption;

b. The father of the minor, if:

(1) The minor is the father's child by adoption, or the father has otherwise legitimated the minor according to the laws of the place in which the adoption proceeding is brought;  or

(2) The person is presumed to be the biological father of the minor under subsection 1 of section 14-20-10 , provided the nonexistence of the father and child relationship between them has not been judicially determined;

c. Any individual lawfully entitled to custody of the minor or empowered to consent;

d. The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the minor is not empowered to consent to the adoption;

e. The minor, if more than ten years of age, unless the court in the best interest of the minor dispenses with the minor's consent;  and

f. The spouse of the minor to be adopted.

2. A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse.





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