The following individuals may adopt:

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Terms Used In North Dakota Code 14-15-03

  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

1.    A husband and wife together although one or both are minors.

2.    An unmarried adult.

3.    The unmarried father or mother of the individual to be adopted.

4.    A married individual without the other spouse joining as a petitioner, if the individual to be adopted is not the adopting person‘s spouse, and if:

a.    The petitioner is a stepparent of the individual to be adopted and the biological or legal parent of the individual to be adopted consents; b.    The petitioner and the other spouse are legally separated; or

c.    The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.