North Dakota Petition by Husband and Wife to Adopt Child with Consent of Mother Whereabouts of Biological Father Unknown

State:
Multi-State
Control #:
US-01539BG
Format:
Word; 
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Description

If the father's name is known but his whereabouts are unknown, some states require the adoption agency or attorney to make reasonable efforts to locate him. What constitutes reasonable effort? The answer differs by state and, often, by judges within a state.


Many birth fathers in domestic adoption situations are unknown to the birth mother, or are not involved in the adoption process in any way. It is vital to follow state laws to try and locate or provide notice to any unknown birth father or identified potential birth father whose whereabouts are unknown or who simply is not in contact with the birth mother any longer. The birth father's rights will be terminated by the courts after these steps are taken to provide him notice.

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FAQ

The state of Minnesota allows any individual to be adopted, although children 14 and older must consent to the adoption in writing. To adopt a child, you must have lived in the state for at least one year. However, this requirement may be reduced to 30 days or waived altogether if it's in the child's best interests.

For example, some of the friendliest adoptive states seem to be: Minnesota. Nebraska. New Hampshire. New Mexico. Oklahoma. Oregon. Tennessee. Utah.

Spanking, slapping a child's hand, washing a child's mouth with soap, and other physical acts of discipline are not permitted for foster children and adoptive children.

Before a child may be adopted by a stepparent, the child must be available to be adopted. This means that the non-petitioning parent, if one exists, must give written consent to the child's adoption or that parent's parental rights must be terminated by the Court if they have not already been terminated.

The biological father's consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.

The petition for adoption is relatively straightforward. It must include the names of the stepparent seeking to adopt, his or her spouse, the non-custodial parent, and the child. The petition must also include the child's place and date of birth and the current residence of the stepparent, custodial parent, and child.

Adoptive parents may be single, married, or in a relationship. When adopting older children, there is generally no upper age limit placed on the adopting parents. Depending on the type of adoption they are pursuing, families may work with a county agency , tribal agency or a private adoption agency.

Step-parent adoption, in Minnesota, involves four key steps: (1) termination of parental rights; (2) a petition for adoption; (3) background checks by court services; and (4) a final hearing.

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North Dakota Petition by Husband and Wife to Adopt Child with Consent of Mother Whereabouts of Biological Father Unknown