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How to Adopt an Adult in North Dakota

Reviewed by DocDraft Legal Team · North Dakota · Last updated November 13, 2026

In North Dakota the adult being adopted gives consent in front of the judge, not on a notarized page mailed in, and a married adult needs a second signature from a husband or wife. Adult adoption is a district court case that makes one adult the permanent legal parent of another adult, as if the adopted person were a blood descendant, with the inheritance and next of kin effects that follow. Eligibility is open. Section 14-15-02 says any individual may be adopted, and the chapter sets no category list and no minimum age gap. Consent works in three directions. The adult signs a written consent before the court, and that adult's spouse must also consent in writing unless the judge excuses it for absence, incapacity or unreasonable refusal. On the adopting side, a married couple petitions together; a married person may file alone only as a stepparent with the parent's consent, when legally separated, or when the court excuses the other spouse. Birth parents consent to nothing, yet each living parent must receive notice at least 20 days before the hearing, and the judge may keep them out of the closed courtroom for good cause. No home study is required for an adult, though the court may order an investigation. The petition names the new name, and the clerk then sends a new birth record application. A filing fee applies; confirm the amount with the clerk. North Dakota publishes no adoption forms. Attorney review of your documents is available through DocDraft.

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Who can be adopted as an adult in North Dakota?

Any individual. N.D.C.C. 14-15-02 reads in full that any individual may be adopted, and the adoption chapter attaches no category list, no disability condition and no prior relationship test. It also sets no minimum number of years between the adopting adult and the adult being adopted.

Whose consent does a North Dakota adult adoption need?

Two written consents: the adult being adopted and that adult's spouse (N.D.C.C. 14-15-05(2)). The adult signs before the court (14-15-07(1)). The court may excuse the spouse's consent for prolonged unexplained absence, unavailability, incapacity or an unreasonable refusal (14-15-06(1)(i)). The adult's parents need not consent.

Must my husband or wife join my petition in North Dakota?

Usually yes. North Dakota lets a husband and wife adopt together, and a married person may petition without the other spouse joining only as a stepparent whose spouse, the parent, consents, when legally separated, or when the court excuses the spouse's failure to join or consent (N.D.C.C. 14-15-03).

Do the adult's birth parents have a say in North Dakota?

They do not consent, because 14-15-06(1)(g) dispenses with any parent's consent when the person adopted is an adult. But the petitioner must notify each living parent at least 20 days before the hearing (14-15-11(1)(b)), and those parents may attend unless the court bars them for good cause.

North Dakota adult adoption at a glance

An adult adoption in North Dakota is a district court decree that makes one adult the legal parent of another, as if the adopted person were a blood descendant, for all purposes including inheritance (N.D.C.C. 14-15-14). Any individual may be adopted, with no category list and no age gap. What sets the process apart is who must sign and who must be told. The adult consents in the presence of the court, and the adult's own spouse must consent in writing too. A married petitioner normally files jointly with a husband or wife. The adult's living parents consent to nothing but get at least 20 days notice of the hearing. No home study is required, the hearing is closed, and the decree can carry a new name.

A Ward County stepfather, a married stepdaughter, and a father in another town

Halvor, 58, of Minot married Ingrid when her daughter Kari was ten, and Kari, now 33 and married to Dale, wants Halvor recorded as her father. Because Halvor is a stepparent and Ingrid consents, he may petition alone without Ingrid joining (N.D.C.C. 14-15-03(4)(a)). Kari signs her consent before the judge, and Dale signs his in front of a notary. Kari's biological father lives two hours away; his consent is not needed, but Halvor must notify him at least 20 days before the hearing. No home study is required. Two inheritance details favor this family: Kari keeps her right to inherit from her biological father (30.1-04-18(2)), and because Halvor was her stepparent, gifts to his children under other relatives' wills still reach her (30.1-09.1-05(4)). Attorney review of your documents is available through DocDraft.

Relevant Laws

N.D.C.C. 14-15-02 and 14-15-03 (who may be adopted and who may adopt)

Section 14-15-02 provides that any individual may be adopted. Section 14-15-03 lets a husband and wife adopt together and limits a married person petitioning alone to a consenting stepparent arrangement, legal separation, or a spouse's failure to join that the court excuses.

N.D.C.C. 14-15-05 through 14-15-08 (consents)

Subsection 14-15-05(2) requires written consent from the adult and the adult's spouse. Section 14-15-06 dispenses with every parent's consent for an adult and lets the court excuse the spouse. Section 14-15-07 requires the adult to consent in the presence of the court, and 14-15-08 governs withdrawal.

N.D.C.C. 14-15-11 (notice and investigation)

Requires notice to each living parent of the adult at least 20 days before the hearing, court ordered service of the petition, and proof of notice before the hearing. Subsection 5 waives the investigation for an adult, while subsection 7 lets the court order one.

N.D.C.C. 14-15-14 and 30.1-09.1-05 (effect of the decree)

Section 14-15-14 creates the parent and child relationship as if the adult were a blood descendant, for all purposes including inheritance. Section 30.1-09.1-05(4) limits class gifts by other transferors to adoptees adopted before 18 or raised by a stepparent, foster parent or functioning parent.

N.D.C.C. 27-05.2-03 (clerk of district court fees)

Section 14-15-09(3) requires every adoption petitioner to pay the clerk a filing fee as prescribed in subsection 1 of this section, which sets the civil filing fees collected by the clerk of district court.

Regional Variances

North Dakota adult adoption rules at a glance

Who may be adopted

Any individual (N.D.C.C. 14-15-02). No category list, no disability condition and no prior relationship test. An adult is anyone 18 or older (14-15-01(2), (12)).

Age gap

None. The adoption chapter sets no minimum number of years between the parties and does not require the adult being adopted to be younger.

Consent of the adult being adopted

Required in writing (N.D.C.C. 14-15-05(2)) and executed in the presence of the court (14-15-07(1)). The chapter provides no route that dispenses with it.

Consent of the adult's spouse

Required in writing (N.D.C.C. 14-15-05(2)), unless the court excuses it for prolonged unexplained absence, unavailability, incapacity or unreasonable withholding (14-15-06(1)(i)).

The petitioner's spouse

Joins the petition as a co-petitioner by default (N.D.C.C. 14-15-03(1)). A married person files alone only as a stepparent with the parent's consent, when legally separated, or when the court excuses the spouse (14-15-03(4)).

Birth parents

No consent (N.D.C.C. 14-15-06(1)(g)). Each living parent receives notice at least 20 days before the hearing and a copy of the petition (14-15-11(1)(b), (7)). The court may bar them from the hearing for good cause (14-15-16(3)).

Court and venue

District court, in the place where the petitioner or the adult being adopted resides or is in military service at filing or at granting (N.D.C.C. 14-15-01(5), 14-15-04(1)).

Residency

No minimum period. The petition states the petitioner's place and duration of residence (N.D.C.C. 14-15-09(1)(d)). The six month rule in 14-15-12 concerns a minor living in the adoptive home.

Filing fee

Required under N.D.C.C. 14-15-09(3) as prescribed in 27-05.2-03(1). The statute does not name the line that applies, so confirm the amount with the clerk of district court.

Home study and investigation

Not required for an adult (N.D.C.C. 14-15-11(5)), but the court may order an appropriate investigation to help decide best interest (14-15-11(7)).

Hearing

Closed hearing. The petitioner and the adult appear unless excused for good cause (N.D.C.C. 14-15-13(1), 14-15-16(3)). The court must find the consents obtained and the adoption in the adult's best interest.

Name change

Yes. The petition and caption carry the new name (N.D.C.C. 14-15-04(3), 14-15-09(1)(b)), and the clerk applies for a birth record in that name within 30 days after the decree is final (14-15-18).

Inheritance

Full, as if a blood descendant (N.D.C.C. 14-15-14(1)(b)). Ties to a genetic parent survive for inheritance in a stepparent adoption (30.1-04-18(2)). Class gifts by others are limited by 30.1-09.1-05(4).

Finality

No consent withdrawal after the decree (N.D.C.C. 14-15-08(1)). After one year the decree cannot be questioned on any ground, subject to an appeal (14-15-15(2)).

Forms

None for adoption on the North Dakota Legal Self Help Center, which suggests its general use civil forms as a starting point. The parties draft the petition and consents.

Suggested Compliance Checklist

Decide whether your spouse joins the petition

Before drafting days after starting

If you are married, the default is a joint petition (N.D.C.C. 14-15-03(1)). Check whether a stepparent arrangement with the parent's consent, a legal separation, or a court excuse lets you file alone (14-15-03(4)).

Draft the adult's consent for signing in court

Before the hearing days after starting

Prepare the written consent of the adult being adopted, which must be executed in the presence of the court (N.D.C.C. 14-15-05(2), 14-15-07(1)). Attorney review of the consent is available through DocDraft.

Draft the consent of the adult's spouse

With the petition days after starting

If the adult is married, prepare the spouse's written consent, signed before the court or someone authorized to take acknowledgments (N.D.C.C. 14-15-07(3)). If it cannot be obtained, plead the facts that excuse it (14-15-09(1)(h)).

Draft and verify the petition

Before filing days after starting

Caption it In the Matter of the Adoption of, under the new name, and cover the contents listed in N.D.C.C. 14-15-09(1). Sign and verify it as the petitioner.

File with the clerk of district court

When the papers are ready days after starting

File in the district court where you or the adult lives or is in military service (N.D.C.C. 14-15-04(1)), with the consents and a birth certificate if available, and pay the fee required by 14-15-09(3).

Serve each living parent

At least 20 days before the hearing days after starting

Give each living parent of the adult notice of the filing and the hearing (N.D.C.C. 14-15-11(1)(b), (7)), served under the civil procedure rules or as the court orders, and file proof of notice before the hearing (14-15-11(8)).

Review wills and trusts after the decree

After the decree is final days after starting

Check instruments written by relatives that leave property to your children, because 30.1-09.1-05(4) includes an adult adoptee only if you were a stepparent or foster parent or acted as a parent before age 18.

Frequently Asked Questions

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Delinquent Property Taxes in North Dakota: One October 1 Deadline, and the County Takes the Deed

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