Navigating adoption in North Dakota can feel overwhelming at first. But once you understand your rights and options, you’ll feel more confident about making the best decision possible.

Whether you’re pregnant and considering adoption or a hopeful parent ready to grow your family, it’s important to know what the law says. This guide answers the most common questions people ask so you can move forward with clarity.

Below, we’ll walk you through each of North Dakota’s adoption laws. If you’re ready to take the next step today, contact an adoption specialist for free legal guidance and support.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. You have the right to choose adoption for your child. Birth mother rights in North Dakota include the ability to make decisions about your child’s future and give informed, voluntary consent to adoption.

Your consent must be given in writing and confirmed either in court or in front of a designated official. Once the court approves your consent, the adoption becomes legally binding.

Relevant Law: N.D. Cent. Code § 14-15-05

When can I give my baby up for adoption?

In North Dakota, you can only consent to adoption after your baby is born. This requirement ensures you are both physically recovered and emotionally prepared to make this permanent decision.

The adoption waiting period in North Dakota protects you from making a rushed choice. Once you sign the consent forms, the court can proceed with the legal adoption process.

Relevant Law: N.D. Cent. Code § 14-15-07

Can I get my baby back after adoption?

Generally, no. Once a court enters the final decree of adoption, your decision is permanent. However, you may petition to revoke your consent before that final decree if the court finds that doing so is in the best interests of the child.

Relevant Law: N.D. Cent. Code § 14-15-08

Can you do adoption without the father's consent?

Sometimes, yes. While the law generally requires a legal father to give consent, there are exceptions. If the father hasn’t established paternity, has had no contact or has failed to support you or the child, the court may waive his consent.

Relevant Laws: N.D. Cent. Code § 14-15-05, § 14-15-06

Do both birth parents have to sign adoption papers in North Dakota?

Yes. The law requires both legal parents to provide written consent unless one parent’s rights have already been terminated due to reasons like abandonment, unfitness or unknown whereabouts.

Relevant Laws: N.D. Cent. Code § 14-15-05, § 14-15-06

Can I get paid for adoption?

No. It is illegal to receive money for placing your child for adoption. However, you can receive financial assistance for reasonable expenses related to pregnancy and the adoption process. This includes help with housing, medical bills, legal fees, transportation and counseling.

Relevant Law: N.D. Cent. Code § 14-15-10

Can you choose who adopts your baby?

Yes. You have full control in choosing the adoptive family. Our agency provides comprehensive family profiles, so you can select adoptive parents who reflect your values, lifestyle preferences and hopes for your child’s future.

Relevant Law: N.D. Cent. Code § 14-15-03

Can people from a different state adopt my baby?

Yes. North Dakota participates in the Interstate Compact on the Placement of Children (ICPC). This agreement allows families from other states to adopt, as long as both states approve the placement and all legal safeguards are followed.

Relevant Law: N.D. Cent. Code § 14-13

Can I give my baby up for adoption without any agency?

Yes. Independent adoptions are legal in North Dakota. However, you must still complete all required legal steps.

Relevant Law: N.D. Cent. Code § 14-15-09

Can my spouse adopt my child?

Yes. If you are married and your spouse wants to adopt your child, this is called stepparent adoption. The other biological parent may need to provide consent or have their parental rights terminated before the adoption can be finalized.

Relevant Law: N.D. Cent. Code § 14-15-03

Can my family adopt my baby?

Yes. Relative adoptions are legal and often encouraged when they serve the child’s best interests.

Relevant Law: N.D. Cent. Code § 14-15-03

Can you anonymously put a baby up for adoption?

Mostly, yes. Your identity must be disclosed to the court and your legal representative, but it does not have to be shared with the adoptive family or your child.

You can maintain privacy through a closed or semi-open adoption plan. Our agency can help you choose the level of openness you are most comfortable with.

Relevant Law: N.D. Cent. Code § 14-15-11

Can I have contact with my child after the adoption?

Yes. You can choose to have an open adoption in North Dakota, which may include exchanging letters, photos, phone calls or even visits. Although post-adoption contact agreements are not enforceable by law, most adoptive families honor them for the benefit of the child.

More Information: https://www.americanadoptions.com/adopt/open_adoption

How does tribal adoption work for Native American children?

If your child is eligible for tribal membership, the Indian Child Welfare Act (ICWA) applies. This law protects the rights of Native American children, families and tribes by requiring additional legal steps, such as notifying the tribe and giving preference to Native families in adoption placements.

Relevant Laws: N.D. Cent. Code § 14-15-11, § 14-15-16

Can I drop my baby off at a fire station?

Yes. Under North Dakota’s Safe Haven Law, you may surrender your unharmed newborn to a fire station, hospital or law enforcement center. You are not required to provide any identifying information, and there are no legal consequences as long as the child is safe.

Relevant Law: N.D. Cent. Code § 50-25.1-15

What rights do biological parents have after adoption?

After the adoption is finalized, biological parents no longer have any legal rights or responsibilities toward the child. This includes decision-making, custody and inheritance rights. However, you may still build a relationship through an open adoption if you and the adoptive family agree to maintain contact.

Relevant Law: N.D. Cent. Code § 14-15-14

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in North Dakota?

No. Both single adults and married couples are eligible to adopt in North Dakota. If you are married, both spouses must jointly participate in the adoption process.

Relevant Law: N.D. Cent. Code § 14-15-03

How old do you have to be to adopt a baby?

You must be at least 18 years old to adopt in North Dakota. If you are married but under 18, you may still adopt jointly with your spouse.

Relevant Law: N.D. Cent. Code § 14-15-03

Do you need a home study for a private adoption in North Dakota?

Yes. Now sure how private adoption works? The law requires all prospective adoptive parents to complete a home study. This evaluation is conducted by a licensed child-placing agency or court-approved social worker to assess your readiness, stability and safety as an adoptive family.

Relevant Law: N.D. Cent. Code § 14-15-11

Do you need a home study for an independent adoption?

Yes. Whether you pursue adoption independently, you must complete a home study. This legal requirement ensures that every child is placed in a safe and prepared home environment.

Relevant Law: N.D. Cent. Code § 14-15-11

Can you adopt without an agency?

Yes. It is legal to adopt without using an agency, but you will still need a lawyer to adopt in North Dakota. An attorney ensures that all legal procedures are followed correctly, including consent, documentation and filing with the court.

Relevant Law: N.D. Cent. Code § 14-15-11

What are the steps to adopt?

The steps to adopt a baby in North Dakota include:

1. Complete a home study with an approved provider.

2. Be chosen by an expectant parent and obtain all required consents.

3. File the adoption petition with the court.

4. Complete any required post-placement supervision.

5. Finalize the adoption at a court hearing.

Relevant Laws: N.D. Cent. Code § 14-15-11, § 14-15-07, § 14-15-09, § 14-15-14

Can you adopt a child from another state?

Yes. You can adopt a child from another state, but you must comply with the ICPC. This process ensures that the placement meets the legal standards of both states before the child is transferred across state lines.

Relevant Law: N.D. Cent. Code § 14-13

Can we advertise for a birth mother?

Yes. North Dakota law allows prospective adoptive parents to advertise, but any outreach must follow ethical guidelines. All expenses and communications must comply with legal requirements to avoid coercion or improper influence. Working with an agency or attorney is the safest way to stay compliant.

Relevant Law: N.D. Cent. Code § 14-15-10

Can a birth father stop an adoption?

Yes. A father who has established legal rights can object to an adoption. However, the court may waive his consent if he is uninvolved, absent or unfit.

Relevant Laws: N.D. Cent. Code § 14-15-05, § 14-15-06

What if the birth parents don't sign adoption papers?

If the biological parents do not sign consent forms, the adoption cannot move forward unless the court determines that their consent is not required due to abandonment, unfitness or another qualifying circumstance.

Relevant Laws: N.D. Cent. Code § 14-15-05, § 14-15-06

When is an adoption finalized in North Dakota?

The time to finalize an adoption varies based on the court schedule and required post-placement supervision. Finalization happens when the court holds a hearing and issues a final decree of adoption, giving you full legal rights as a parent.

Relevant Law: N.D. Cent. Code § 14-15-14

Can birth mothers change their mind?

Generally, no. After the court enters the final decree of adoption, consent is considered final and irrevocable. Before that point, the court may consider revoking consent if it finds compelling reasons to do so in the child’s best interest.

Relevant Law: N.D. Cent. Code § 14-15-08

Are adoptive parents on the birth certificate in North Dakota?

Yes. Once the adoption is finalized, a new birth certificate is issued. It lists the adoptive parents as the child’s legal parents and includes the child’s new name if it was changed during the process. The original birth certificate is sealed for confidentiality.

Relevant Law: N.D. Cent. Code § 23-02.1-17

What rights do adoptive parents have after adoption?

Once the adoption is complete, adoptive parents have full legal rights and responsibilities. This includes making medical, educational and personal decisions for the child, as well as providing inheritance and legal recognition.

Relevant Law: N.D. Cent. Code § 14-15-14

Are open adoptions legally binding in North Dakota?

No. Post-adoption contact agreements are not legally enforceable in North Dakota. However, many adoptive families honor these arrangements voluntarily. Our agency encourages all families to send letters, photos and schedule at least one in-person visit during the first five years.

More Information: https://www.americanadoptions.com/adopt/pictures_letters

Does ICWA apply to private adoptions in North Dakota?

Yes. The ICWA applies to all adoptions involving children who are eligible for tribal enrollment. It provides protections to preserve Native American culture and ensure proper tribal involvement in adoption decisions.

Relevant Laws: N.D. Cent. Code § 14-15-11, § 14-15-16

What support is available after adoption?

After the adoption is finalized, you may access a range of services including post-adoption counseling, access to medical and background information and referrals to local support groups. If the adoption was completed through a state agency, special needs subsidies or other assistance may also be available.

More Information: https://www.americanadoptions.com/adopt/post-adoption-support-services

For Adoptees

If your adoption was completed through our agency, we can help you request access to records or begin the process of reunification with your biological family. This process varies depending on whether your records are sealed and the agreements made during the adoption.

You also have access to resources that explain your rights as an adoptee, including options for learning more about your background. Check out this page for more information on adoptee rights.

What’s Next?

Understanding North Dakota adoption law can feel overwhelming, but you don’t have to figure it out on your own. Let us help you take the next step confidently and legally.

Your adoption journey should be seamless. Contact our adoption specialists today to get personalized guidance.

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