Current through 2024 Legislative Session
Section 14-15-05 - Persons required to consent to adoption1. Unless consent is not required under section 14-15-06, a petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by: a. The mother of the minor whether by birth or adoption;b. The father of the minor, if:(1) The minor is the father's child by adoption, or the father has otherwise legitimated the minor according to the laws of the place in which the adoption proceeding is brought; or(2) The person is presumed to be the biological father of the minor under subsection 1 of section 14-20-10, provided the nonexistence of the father and child relationship between them has not been judicially determined;c. Any individual lawfully entitled to custody of the minor or empowered to consent;d. The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the minor is not empowered to consent to the adoption; e. The minor, if more than ten years of age, unless the court in the best interest of the minor dispenses with the minor's consent; andf. The spouse of the minor to be adopted.2. A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse.