North Dakota Century Code Title 27. Judicial Branch of Government § 27-20.6-04. Petition--Who may prepare and file

1. The state's attorney receives a copy of the petition and the responsible custodian and the state's attorney agree re-establishment of the legal parent and child relationship is in the child's best interests;

2. The genetic parent is willing and has the capability to provide day-to-day care and maintain the health, safety, and welfare of the child;

3. At least twelve months have elapsed following a final order terminating parental rights and the child remains in foster care;

4. There is no pending litigation or appeal pertaining to the original termination of parental rights proceeding;

5. The child has not been adopted; and

6. The child is not the subject of a written adoption placement agreement between the responsible custodian and the prospective adoptive parent.