North Dakota's Adoption Laws

• Adoption Records
• Consent To Adoption
• Parties To An Adoption
• Birth Father Statutes
• Adoption Expenses
• International Expenses
• General Adoption Statutes

Adoption Records

North Dakota

Statute: § 50-25.1-11

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Courts/Judges

• Physicians

• Reporters of Abuse

• Researchers

• Parents/Guardians

• Subject of Reports

Persons without access to records

• Agencies From Other States

• Grand Juries

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Employers

• Coroners

• Review Teams

• Treatment Providers

• Public/Any Person

Other Public officials

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

The consent may be signed any time following the birth of the child. The birth father may sign consents any time before or after the birth.

Pre-consents are not allowed in the state of North Dakota.

Revocation Time Frame in North Dakota

The consent may be revoked up until the court hearing, which cannot happen until 48 hours after the birth of the child. The birth mother then has 30 days to revoke her consent if it was obtained through fraud or duress. However, the burden of proof falls on the birth mother to prove that her consent was obtained through fraud or duress.

Parties to an Adoption

North Dakota

• A husband and wife together if not separated, even if one or both are minors

• An unmarried adult

• The unmarried parent of the adoptee

• A married individual legally separated

Any individual

• The child's parent(s)

• Custodian of the child

• The department

• A licensed child-placing agency

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

No information currently available.

Adoption Expenses

North Dakota 

Birth Parent Expenses Allowed Statute: §§ 14-15-10; 14-15.1-06

 • Preplacement counseling, adoption assessment, placement of the child, foster care, other preadoption services, or legal fees that must be paid directly to the provider of the services 

• Medical expenses relating to prenatal care and the birth of the child that are not already covered by health insurance • Expenses for transportation, meals, and lodging incurred for placement of the child or in order to receive services

 • Living expenses of the birth mother that are needed to maintain an adequate standard of living, which the birth mother is unable to otherwise maintain because of loss of income resulting from the pregnancy 

Birth Parent Expenses Not Allowed Statute: §§ 14-15-10; 14-15.1-06

 • Payments may not extend beyond 6 weeks after delivery unless approved by the court.

 • Living expenses do not include lost wages, gifts, educational expenses, vacations, or other similar expenses. 

Allowable Payments for Arranging Adoption Statute: § 12.1-31-05

 It is unlawful to accept, offer, or agree to accept anything of value for enabling another to furnish a minor child for adoption. 

Allowable Payments for Relinquishing Child Statute: §§ 12.1-31-05; 14-15-10 

• It is unlawful to accept anything of value for furnishing a child for purposes of adoption.

 • Fees may not be contingent upon placement of the child for adoption. 

Allowable Fees Charged by Department/Agency Statute: § 14-15.1-06

 Reasonable fees may be charged for professional services relating to placement, relinquishment, or other preadoption services. 

Accounting of Expenses Required by Court Statute: § 14-15-10

 The petitioner shall file a full accounting in a manner acceptable to the court of all disbursements made or agreed to be made related to the adoption.

© This information is from the National Adoption Information Clearinghouse.

International Expenses

No information currently available.

General Adoption Statutes

North Dakota

Agency or Person Gathering Information or Preparing Report Statute: § 14-15-11 Child placement agency

1. • Conditions and antecedents
2. • Medical and developmental history

1. • Medical and social history
2. • Assessment of the parent's understanding and acceptance of the action

1. • Suitability of home
2. • Criminal background check
3. • Emotional maturity, finances, health, and relationships
4. • Any other factors that reflect on ability to care for child

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.