North Dakota Relinquishment, Consent, Revocation laws

Who Must Consent:

• The mother, whether by birth or adoption.
  
• The father, whether by adoption or other means of legitimization.
  
• The presumed natural father.
  
• Any person lawfully entitled to custody.
  
• The court having jurisdiction to determine custody.
  

Consent of Adoptee:

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A child 10 years or older must consent to the adoption.

When Parental Consent is Not Needed:

• The child has been abandoned.
  
• The parent fails to communicate with or support the child for 1 year.
  
• Parental rights have been terminated or relinquished.
  
• Adulthood of adoptee.
  
• Parental incompetence.
  

When Relinquishment Can Be Signed:

Consent may be executed any time after the child's birth.

How Relinquishment Must Be Signed:

• If by an agency, consent must be executed by executive head of agency or other representative before a person authorized to take acknowledgments.
  
• If by an individual, consent must be executed before a court.
  
  

Time for Revocation:

Consent can be withdrawn before the final order, but only if the court finds that it is in the child's best interest.

Adapted from materials prepared by the National Adoption Information Clearinghouse.