North Dakota Code 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:
Terms Used In North Dakota Code 14-15-05
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
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.