14-15-03. Who may adopt

14-15-03. Who may adopt

The following individuals may adopt:

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.