North Dakota Century Code Title 14. Domestic Relations and Persons § 14-15-09. Petition for adoption

1. A petition for adoption must be signed and verified by the petitioner, filed with the clerk of the court, and state:

a. The date and place of birth of the individual to be adopted, if known.

b. The name to be used for the individual to be adopted.

c. The date petitioner acquired custody or date of placement of the minor and the name of the individual placing the minor.

d. The full name, age, place, and duration of residence of the petitioner.

e. The marital status of the petitioner, including the date and place of marriage, if married.

f. That the petitioner has facilities and resources, including those available under a subsidy agreement, suitable to provide for the nurture and care of the minor to be adopted, and that it is the desire of the petitioner to establish the relationship of parent and child with the individual to be adopted.

g. A description and estimate of value of any property of the individual to be adopted.

h. The name of any individual whose consent to the adoption is required, but who has not consented, and facts or circumstances which excuse the lack of the individual's consent normally required to the adoption.

<Text of subsec. 1, subd. i, effective until Jan. 1, 2020>

i. The department or a county social service board as respondent.

<Text of subsec. 1, subd. i, effective Jan. 1, 2020>

i. The department and a human service zone as respondents.

j. That the petitioner's expenses were reasonable as verified by the court.  Reasonable fees may be charged for professional services and living expenses if reflected in a report of agreements and disbursements filed under this chapter and approved by the court.  The fees may not be contingent upon placement of the child for adoption, consent to adoption, or cooperation in the completion of adoption.  Reasonable fees may include:

(1) Preplacement counseling, adoption assessment, placement of the child, foster care, or other preadoption services, which must be paid directly to the provider of the services;

(2) Legal fees relating to the petition for relinquishment or adoption, that must be paid directly to the provider of the services;

(3) Medical expenses relating to prenatal care and the birth of the child, that are not already covered by health insurance;

(4) Expenses for transportation, meals, and lodging incurred for placement of the child or in order to receive counseling, legal, or medical services related to the pregnancy, birth, or placement;  and

(5) Living expenses of the birth mother which are needed to maintain an adequate standard of living, which the birth mother is unable to otherwise maintain because of loss of income or other support resulting from the pregnancy.

(a) The payments may cover expenses incurred during the pregnancy-related incapacity but not for a period longer than six weeks following the delivery, unless the court determines within the six-week period that the birth mother is unable to be employed due to physical limitations relating to the birth of the child.

(b) Living expenses do not include expenses for lost wages, gifts, educational expenses, vacations, or other similar expenses of a birth mother.

2. A certified copy of the birth certificate or verification of birth record of the individual to be adopted, if available, and the required consents and relinquishments must be filed with the clerk.

3. Any individual filing a petition shall pay to the clerk of court a filing fee as prescribed in subsection 1 of section 27-05.2-03 .

Cite this article: FindLaw.com - North Dakota Century Code Title 14. Domestic Relations and Persons § 14-15-09. Petition for adoption - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-14-domestic-relations-and-persons/nd-cent-code-sect-14-15-09.html


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