14-15-05. Persons required to consent to adoption

14-15-05. Persons required to consent to adoption

1. Unless consent is not required under section 14-15-06, a petition to adopt a minor may

be granted only if written consent to a particular adoption has been executed by:

a. The mother of the minor whether by birth or adoption;

b. The father of the minor, if:

(1) The minor is the father's child by adoption, or the father has otherwise

legitimated the minor according to the laws of the place in which the

adoption proceeding is brought; or

(2) The person is presumed to be the biological father of the minor under

subsection 1 of section 14-20-10, provided the nonexistence of the father

and child relationship between them has not been judicially determined;

c. Any individual lawfully entitled to custody of the minor or empowered to consent;

d. The court having jurisdiction to determine custody of the minor, if the legal

guardian or custodian of the minor is not empowered to consent to the adoption;

e. The minor, if more than ten years of age, unless the court in the best interest of

the minor dispenses with the minor's consent; and

f. The spouse of the minor to be adopted.

2. A petition to adopt an adult may be granted only if written consent to adoption has

been executed by the adult and the adult's spouse.