Stepparent Adoption in North Dakota
Reviewed by DocDraft Legal Team - North Dakota - Last updated October 6, 2026
In North Dakota a stepparent adoption is a civil case in the district court, filed in the county where the petitioner or the child lives under N.D.C.C. 14-15-04, and the court system's self help center says adoption forms are not available, so the petition is drafted to the requirements of section 14-15-09. Under N.D.C.C. 14-15-05 the other legal parent must consent in writing unless section 14-15-06 excuses it, for example where, for a period of at least one year, a parent of a child in the custody of another has failed significantly without justifiable cause to communicate with the child or to provide for the care and support of the child as required by law or judicial decree. A parent excused on that kind of ground must still receive notice at least twenty days before the hearing, and the court grants the adoption only if it finds the required consents were obtained and the adoption is in the child's best interest. No investigation or home study is required when a stepparent is the petitioner, and a child more than ten years of age must consent unless the court, in the child's best interest, dispenses with that consent.
Find out where you stand in North Dakota
Where are you with adopting your stepchild?
DocDraft provides document preparation, not legal advice.
Can a stepparent adopt in North Dakota without the other parent's consent?
Yes, if N.D.C.C. 14-15-06 excuses it: the parent of a child in another's custody, for at least one year, failed significantly without justifiable cause to communicate or to provide care and support as required by law or judicial decree; abandonment; a best-interest excuse for a listed reason such as prolonged unexplained absence; or a 14-15-19 termination. Notice is still required.
Which court and which form are used for a stepparent adoption in North Dakota?
The district court hears adoptions, in the county where the petitioner or the child lives (N.D.C.C. 14-15-04). The North Dakota Legal Self Help Center says adoption forms are not available there, so there is no statewide petition form. The petition must be verified and include the facts listed in section 14-15-09. Ask the clerk of court about local requirements.
Is a home study required for a stepparent adoption in North Dakota?
No. N.D.C.C. 14-15-11, subsection 5 says an investigation and report is not required in cases in which a stepparent is the petitioner. The six month residence rule in section 14-15-12 also excludes a stepchild of the petitioner, and the expense report in section 14-15-10 does not apply to a stepparent whose spouse is the child's parent.
At what age must the child consent to a stepparent adoption in North Dakota?
Under N.D.C.C. 14-15-05, subsection 1(e), a child more than ten years of age must give written consent, unless the court in the best interest of the minor dispenses with that consent. Section 14-15-07 requires the child to sign the consent in the presence of the court, so plan for the child to attend.
North Dakota's district court, the 14-15-06 consent exceptions, and no home study for stepparents
North Dakota follows the Revised Uniform Adoption Act in chapter 14-15 of the Century Code, and the court for an adoption is the district court (14-15-01), with venue where the petitioner or the child lives (14-15-04). The Legal Self Help Center does not offer adoption forms, so the verified petition is drafted to section 14-15-09 and filed with the clerk with a certified birth certificate and the required consents. The other legal parent must consent in writing, signed before the court or a person authorized to take acknowledgments, unless section 14-15-06 excuses it. The excuses that can fit a stepparent case include a parent who has abandoned the child, which for a noncustodial parent means failing significantly without justifiable cause to communicate with the child through physical contact or oral conversation, or to provide care and support as required by law; a parent of a child in the custody of another who for at least one year has failed significantly without justifiable cause to communicate with the child or to provide care and support as required by law or judicial decree; a parent whose failure to consent the court excuses in the child's best interest for reasons such as prolonged unexplained absence or significant failure, without justifiable cause, to establish a substantial relationship with the child; and a parent whose rights a court terminated under 14-15-19. A parent excused on one of these 14-15-06 grounds must still receive notice at least twenty days before the hearing. No investigation or report is required when a stepparent petitions, and a child more than ten years of age must consent unless the court dispenses with it in the child's best interest.
Relevant Laws
N.D.C.C. 14-15-05 and 14-15-07 (Required consents and how they are signed)
Unless section 14-15-06 excuses it, a petition to adopt a minor may be granted only with written consent from the mother, a qualifying father, anyone lawfully entitled to custody, and the minor if more than ten years of age, unless the court in the minor's best interest dispenses with it. A child signs in the presence of the court; a parent signs before the court or a person authorized to take acknowledgments. Under 14-15-08 consent cannot be withdrawn after the decree.
N.D.C.C. 14-15-06 and 14-15-19 (Consent not required; termination)
Section 14-15-06 excuses consent of a parent who has abandoned the child (defined in 14-15-01 for a noncustodial parent as failing significantly without justifiable cause to communicate through physical contact or oral conversation, or to provide care and support as required by law), a parent of a child in the custody of another who for at least one year failed significantly without justifiable cause to communicate or to provide care and support as required by law or judicial decree, and a parent whose failure to consent the court excuses in the child's best interest under subdivision j by reason of prolonged unexplained absence, unavailability, incapacity, significant failure without justifiable cause to establish a substantial relationship with the minor or to manifest a significant parental interest, or inability to identify the parent. Section 14-15-19 allows termination in the adoption action, with notice to the parents.
N.D.C.C. 14-15-11 (Notice of petition, investigation and hearing)
Requires notice at least twenty days before the hearing to the department, to any person whose consent is required but not given or is dispensed with under 14-15-06(1)(a), (b), (f), (h), (i) or (j), and to any appropriate Indian tribe, served under the Rules of Civil Procedure. Subsection 5 provides that an investigation and report is not required in cases in which a stepparent is the petitioner.
North Dakota Legal Self Help Center: Adoption
The court system's adoption page. It states that adoption forms are not available through the Legal Self Help Center, points to the general-use civil forms as a starting point, and links the adoption research guide, service instructions, the fee waiver request, and the request for a certified copy of an adoption decree.
Regional Variances
North Dakota stepparent adoption requirements
Court
District court (N.D.C.C. 14-15-01, subsection 5), in the county where the petitioner or the individual to be adopted resides at filing or when the petition is granted (14-15-04). The court may transfer, stay or dismiss in the interest of substantial justice.
Petition form
No statewide form: the Legal Self Help Center says adoption forms are not available. The petition is signed and verified, captioned "In the Matter of the Adoption of" the child's new name, and states the facts listed in 14-15-09, including the department as respondent.
Other parent's consent
Written consent required unless 14-15-06 excuses it (14-15-05, subsection 1), signed before the court or a person authorized to take acknowledgments (14-15-07). Before the decree it can be withdrawn only if the court finds withdrawal in the child's best interest; after the decree it cannot (14-15-08).
Proceeding without consent
14-15-06(1): (a) abandonment, defined in 14-15-01(1)(a) for a noncustodial parent as failing significantly without justifiable cause to communicate through physical contact or oral conversation, or to provide care and support as required by law; (b) parent of a child in another's custody who for at least one year failed significantly without justifiable cause to communicate or to provide care and support as required by law or judicial decree; (c) a father whose consent 14-15-05(1)(b) does not require; (f) a parent judicially declared incompetent, if the court dispenses with consent; (j) court excuse in the child's best interest by reason of prolonged unexplained absence, unavailability, incapacity, significant failure without justifiable cause to establish a substantial relationship with the minor or to manifest a significant parental interest, or inability to identify the parent; or termination under 14-15-19. Notice at least 20 days before the hearing (14-15-11).
Home study
Not required: an investigation and report is not required in cases in which a stepparent is the petitioner (14-15-11, subsection 5). The expense report in 14-15-10 also does not apply to a stepparent whose spouse is the child's biological or adoptive parent.
Residency or waiting period
The six month residence requirement before a final decree applies to a minor other than a stepchild of the petitioner (14-15-12), so it does not apply here. Venue follows where the petitioner or child resides (14-15-04). No minimum marriage length in 14-15-03.
Child's consent age
More than ten years of age (14-15-05, subsection 1(e)), unless the court in the best interest of the minor dispenses with the consent. Signed in the presence of the court (14-15-07, subsection 1).
Suggested Compliance Checklist
Decide the consent route for the other parent
Before filing days after startingAsk the other parent to sign a written consent before the court or a notary. If they will not, confirm a 14-15-06 ground: for example, for at least one year the parent of a child in another's custody failed significantly without justifiable cause to communicate with the child or to provide care and support as required by law or judicial decree; abandonment as defined in 14-15-01; a court excuse in the child's best interest under 14-15-06(1)(j) by reason of prolonged unexplained absence, unavailability, incapacity, significant failure without justifiable cause to establish a substantial relationship with the child or to manifest a significant parental interest, or inability to identify the parent; or termination under 14-15-19. The petition must state the facts that excuse the missing consent, and that parent still gets notice at least twenty days before the hearing.
Draft the verified petition to section 14-15-09
Before filing days after startingWith no statewide adoption form, draft a petition captioned "In the Matter of the Adoption of" the child's new name, stating the items in N.D.C.C. 14-15-09, including the department as respondent, your marriage date and place, and the name the child will use. Sign and verify it.
File with the district court clerk
At filing days after startingFile the petition in the county where you or the child lives, with a certified birth certificate or verification of birth record and the signed consents. Pay the fee set by N.D.C.C. 27-05.2-03, confirming the amount with the clerk, or submit a fee waiver request.
Give notice and file proof before the hearing
At least 20 days before the hearing days after startingServe notice of the petition and hearing on the Department of Health and Human Services with a copy of the petition, on any parent whose consent is missing or excused under 14-15-06(1)(a), (b), (f) or (j), and on any appropriate Indian tribe. Follow the Rules of Civil Procedure and file proof of notice with the court before the hearing.
Confirm the child's new name and update records
After the final decree days after startingThe child is captioned and named in the petition under the name to be used after adoption, and the clerk sends an application for a new birth record in that name within thirty days after the decree becomes final. Order certified copies of the decree for school, Social Security and passports. A separate name change petition is needed only for changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide the consent route for the other parent | Ask the other parent to sign a written consent before the court or a notary. If they will not, confirm a 14-15-06 ground: for example, for at least one year the parent of a child in another's custody failed significantly without justifiable cause to communicate with the child or to provide care and support as required by law or judicial decree; abandonment as defined in 14-15-01; a court excuse in the child's best interest under 14-15-06(1)(j) by reason of prolonged unexplained absence, unavailability, incapacity, significant failure without justifiable cause to establish a substantial relationship with the child or to manifest a significant parental interest, or inability to identify the parent; or termination under 14-15-19. The petition must state the facts that excuse the missing consent, and that parent still gets notice at least twenty days before the hearing. | - | Before filing |
| Draft the verified petition to section 14-15-09 | With no statewide adoption form, draft a petition captioned "In the Matter of the Adoption of" the child's new name, stating the items in N.D.C.C. 14-15-09, including the department as respondent, your marriage date and place, and the name the child will use. Sign and verify it. | - | Before filing |
| File with the district court clerk | File the petition in the county where you or the child lives, with a certified birth certificate or verification of birth record and the signed consents. Pay the fee set by N.D.C.C. 27-05.2-03, confirming the amount with the clerk, or submit a fee waiver request. | - | At filing |
| Give notice and file proof before the hearing | Serve notice of the petition and hearing on the Department of Health and Human Services with a copy of the petition, on any parent whose consent is missing or excused under 14-15-06(1)(a), (b), (f) or (j), and on any appropriate Indian tribe. Follow the Rules of Civil Procedure and file proof of notice with the court before the hearing. | - | At least 20 days before the hearing |
| Confirm the child's new name and update records | The child is captioned and named in the petition under the name to be used after adoption, and the clerk sends an application for a new birth record in that name within thirty days after the decree becomes final. Order certified copies of the decree for school, Social Security and passports. A separate name change petition is needed only for changes outside the adoption. | name-change-petition | After the final decree |
Frequently Asked Questions
Other North Dakota guides
Adverse Possession in North Dakota: Twenty Years, or Ten If the Taxes Were Paid
Asset Protection Planning in North Dakota (2026)
Dealing With Debt Collectors in North Dakota (2026)
Expunging a Criminal Record in North Dakota (2026)
Filing a Workplace Harassment Complaint in North Dakota
Filing Chapter 7 Bankruptcy in North Dakota (2026)
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.
Get Started