14-15-19. Relinquishment and termination of parent and child relationship

14-15-19. Relinquishment and termination of parent and child relationship

1. The rights of a parent with reference to a child, including parental right to control the

child or to withhold consent to an adoption, may be relinquished and the relationship of

parent and child terminated in or before an adoption action as provided in this section.

2. All rights of a parent with reference to a child, including the right to receive notice of a

hearing on a petition for adoption, may be relinquished and the relationship of parent

and child terminated by a writing, signed by the parent, regardless of the age of the

parent:

a. In the presence of a representative of an agency taking custody of the child,

whether the agency is within or outside of the state or in the presence and with

the approval of a judge of a court of record within or outside this state in which

the minor was present or in which the parent resided at the time it was signed; or

b. In any other situation if the petitioner has had custody of the minor for two years,

but only if notice of the adoption proceeding has been given to the parent and the

court finds, after considering the circumstances of the relinquishment and the

long-continued custody by the petitioner, that the best interest of the child

requires the granting of the adoption.

3. In addition to any other action or proceeding provided by law, the relationship of parent

and child may be terminated by a court order issued in connection with an adoption

action under this chapter on any ground provided by other law for termination of the

relationship, and in any event on the ground:

a. That the minor has been abandoned by the parent;

b. That by reason of the misconduct, faults, or habits of the parent or the repeated

and continuous neglect or refusal of the parent, the minor is without proper

parental care and control, or subsistence, education, or other care or control

necessary for the minor's physical, mental, or emotional health or morals, or, by

reason of physical or mental incapacity the parent is unable to provide necessary

parental care for the minor, and the court finds that the conditions and causes of

the behavior, neglect, or incapacity are irremediable or will not be remedied by

the parent, and that by reason thereof the minor is suffering or probably will suffer

serious physical, mental, moral, or emotional harm; or

c. That in the case of a parent not having custody of a minor, the noncustodial

parent's consent is being unreasonably withheld contrary to the best interest of

the minor.

4. For the purpose of proceeding under this chapter, a decree terminating all rights of a

parent with reference to a child or the relationship of parent and child issued by a court

of competent jurisdiction in this or any other state dispenses with the consent to

adoption proceedings of a parent whose rights or parent and child relationship are

terminated by the decree and with any required notice of an adoption action other than

as provided in this section.

5. A petition for termination of the relationship of parent and child made in connection

with an adoption action may be made by:

a. Either parent if termination of the relationship is sought with respect to the other

parent;

b. The petitioner for adoption, the guardian of the individual, the legal custodian of

the child, or the individual standing in parental relationship to the child;

c. An agency; or

d. Any other individual having a legitimate interest in the matter.

6. a. If the identity of the father or mother is known and an address for service is also

known, or the address can be ascertained with reasonable diligence, the father or

mother must be personally served the petition and notice for termination of

parental rights in compliance with the North Dakota Rules of Civil Procedure.

b. If the identity of the father or mother is unknown but the father's or mother's

identity of the father or mother is known and an address for service is also

known, or the address can be ascertained with reasonable diligence, the father or

mother must be personally served the petition and notice for termination of

parental rights in compliance with the North Dakota Rules of Civil Procedure.

b. If the identity of the father or mother is unknown but the father's or mother's

location is known, and the identity of the father or mother cannot be ascertained

with reasonable diligence, notice must be given by publication of the petition at

least once a week for three consecutive weeks in the official newspaper of the

county in which the unknown father or mother is located.

c. If the identity and location of the father or mother are unknown and the location

and identity of the father or mother cannot be ascertained with reasonable

diligence, notice must be given by publication of the petition at least once a week

for three consecutive weeks in the official newspaper of the county in which

conception occurred.

d. The last publication as required under this subsection must be at least ten days

before the time set for hearing. Proof of publication of the notice must be made at

or before the hearing and filed in the proceeding.

7. Before the petition is heard, notice of the hearing on the petition and opportunity to be

heard must be given the parents of the child, the guardian of the child, the person

having legal custody of the child, any proposed custodian of the child, and, in the

discretion of the court, a person representing any party.

8. Notwithstanding the provisions of subsection 2, a relinquishment of parental rights with

respect to a child, executed under this section, may be withdrawn by the parent, and a

decree of a court terminating the parent and child relationship under this section may

be vacated by the court upon motion of the parent, if the child is not on placement for

adoption and the person having custody of the child consents in writing to the

withdrawal or vacation of the decree.