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Who must consent for a child to be adopted in North Dakota?

| Feb 14, 2019 | Adoption |

For prospective North Dakota parents who would like to expand their family by adopting a child, it is a worthwhile and positive endeavor. There are many children who are looking for a home and adoption provides mutual benefit for adoptive parent and adopted child. However, it is important to understand that the law is vigilant about protecting children and has certain requirements before a person can adopt.

Knowing these requirements is important before even starting the process so all the issues can be hashed out and the process is not delayed or denied. There are circumstances where consent is not needed from a parent such as when the parent deserted a child or the child was in another’s custody and the parent did not communicate with the child or did not give the child care and support based on the law.

To adopt, consent must be granted by the child’s mother whether it is a birth mother or an adoptive mother. The father must consent in the following circumstances: the child was adopted by the father or the father has made the child legitimate by adhering to the laws where the adoption was done; or if the person who is believed to be the child’s biological parent has had a judicial determination that there is no father-child relationship.

Others who must consent include: a person has been deemed lawfully entitled to have custody of the child or is empowered to consent; the court with jurisdiction to decide on child custody if the custodial or legal guardian is not empowered to do so; if the minor is older than 10, he or she can consent unless the court decides it is not in the best interest; and the spouse of a minor who is going to be adopted. Without written consent of the adult and the spouse of the adult, there can be no adoption.

Adoption is a positive step in both the parents’ and child’s life. It is important to remember that there are laws that must be adhered to so the case can go smoothly and be completed. When considering adoption, one of the foundational factors is to have legal assistance. A law firm that has helped many people with adoption should be called for help in these cases.

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