North Dakota Adoption Laws

Adopting a child can be a complex process. The adoption process, including rules for who may adopt, is governed by state laws. These laws regulate who may be adopted, who may adopt them, and other important statutory requirements for adopting a child in the state of North Dakota. Read on to learn more about North Dakota adoption law,

Types of Adoption in North Dakota

North Dakota offers several adoption options for prospective adoptive parents. These include:

• Infant Adoption
  Prospective adoptive parents can work with private adoption agencies to adopt infants. Adoptions involving American Indian children are regulated by the Indian Child Welfare Act.
• Identified Adoption
  Birth parents select an adoptive family. A child-placing agency is still involved for legal and support services.
• Children with Special Needs
  Adoptive parents can adopt children with special needs from the foster care system. These children are often placed through a child-placing agency under contract with the state. Financial assistance is sometimes available for related costs.
• Inter-Country Adoption
  Adopting children from other countries involves navigating complex immigration requirements and significant expenses. A licensed adoption agency is crucial for managing this intricate process.
• Relative Adoption
  Family members such as grandparents or aunts can adopt relatives. In some cases, the court may waive the required home study if the child has lived with the relative for at least nine months.
• Stepparent Adoption
  A stepparent can adopt their spouse’s child with consent from the biological parent or if that parent has abandoned the child. This process does not often require the involvement of a child-placing agency.

North Dakota Adoption Laws at a Glance

The following table lists additional details of adoption laws in North Dakota. See FindLaw's Adoption section for more articles and resources.

Note: North Dakota state laws are subject to change through the decisions of higher courts, enactment of new legislation, and other means. While we strive to ensure the accuracy of these pages, you also may want to contact a North Dakota adoption law attorney or conduct your own legal research to verify current North Dakota law.

North Dakota’s Adoption Process

There are several key steps to know about before starting the adoption process in North Dakota. Let's go through them together:

1. Choose an Adoption Agency and Apply
   In North Dakota, adoptions are managed by licensed private agencies. Begin by attending an orientation at the chosen agency. Fill out and submit your application. You may need to pay a registration fee if accepted.
2. Understand the Fees
   Private adoption fees range from $5,000 to $11,000, with potential subsidies for special needs adoptions. Foster care adoptions through the Adults Adopting Special Kids (AASK) Program have lower fees.
3. Undergo a Home Study and Background Checks
   A social worker will perform a detailed adoption assessment, including home visits, background checks, and interviews. This process evaluates your suitability and ensures a safe adoptive home. You’ll also need to provide an affidavit and background checks for all household members over the age of 14.
4. Prepare for the Waiting Period
   The wait time for adoption can vary. Adopting an infant may take one to five years. Cases involving the adoption of a child with special needs or from abroad may have different timelines.
5. Finalize the Adoption
   After placement, you’ll need to wait at least six months before the adoption can be finalized in court. You’ll file a petition for adoption. Once approved, you'll receive a decree of adoption. This legal process will update the child’s birth record and establish official parental rights.

North Dakota Adoption Laws: Related Resources

• North Dakota Family Laws
• Who May Adopt: Overview
• Agency Adoptions
• International Adoption Basics
• Different Types of Adoption

Need Legal Help With an Adoption? An Attorney Can Help

Navigating the adoption process in North Dakota can be complex. An attorney can provide valuable guidance, help manage paperwork, and ensure all legal aspects, including the petition for adoption and finalization, are properly handled.

If you would like legal assistance with an adoption case, reach out to an experienced North Dakota adoption attorney in your area to schedule a consultation. Put their experience to work for you and your family.