PARENTAL CONSENT TO ADOPTION
AND RELINQUISHMENT OF PARENTAL RIGHTS
(North Dakota)
[// GUIDANCE: This template is designed for use in North Dakota (“ND”) adoptions governed by N.D. Cent. Code tit. 14, ch. 15 and related regulations. It assumes the consenting parent is a birth parent. Remove inapplicable bracketed text and tailor to the facts of each matter.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants
- Default & Remedies
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Parental Consent to Adoption and Relinquishment of Parental Rights (the “Consent”) is executed as of [EFFECTIVE DATE] (the “Effective Date”) by:
a. Consenting Parent: [FULL LEGAL NAME OF CONSENTING PARENT], currently residing at [ADDRESS] (“Consenting Parent”); and
b. Prospective Adoptive Parent(s): [FULL LEGAL NAME(S)] with an address of [ADDRESS] (“Prospective Parent(s)”).
Recitals
1. The Consenting Parent is the [birth/legal] parent of the minor child identified herein.
2. The Prospective Parent(s) desire to adopt the minor child.
3. North Dakota adoption law requires a written, executed, and court-approved consent for adoption.
4. The parties enter into this Consent to satisfy the statutory requirements and to evidence the Consenting Parent’s relinquishment of parental rights.
2. DEFINITIONS
For purposes of this Consent, the following capitalized terms have the meanings set forth below. Terms used in the singular include the plural and vice-versa.
“Adoptee” means the minor child identified in Section 3.1.
“Court” means the state family court having jurisdiction under N.D. Cent. Code tit. 14, ch. 15.
“Revocation” means any attempt to withdraw, rescind, or set aside this Consent as contemplated in Section 3.6.
“Support Obligations” means any past-due or prospective child support, medical support, or maintenance obligations.
3. OPERATIVE PROVISIONS
3.1 Identification of Adoptee. The minor child who is the subject of this Consent is:
• Name: [FULL LEGAL NAME]
• Date of Birth: [DATE]
• Place of Birth: [CITY, COUNTY, ND]
3.2 Consent Timing Confirmation. Pursuant to N.D. Cent. Code tit. 14, ch. 15, this Consent is executed after the birth of the Adoptee and shall be considered valid when signed and notarized as provided herein.
3.3 Relinquishment of Parental Rights. The Consenting Parent hereby:
a. Relinquishes, surrenders, and terminates all parental rights, privileges, and obligations with respect to the Adoptee, including but not limited to custody, control, visitation, and Support Obligations accruing after the Effective Date; and
b. Consents unconditionally to the adoption of the Adoptee by the Prospective Parent(s).
3.4 Waiver of Further Notice. The Consenting Parent waives all further notice of adoption proceedings concerning the Adoptee, except as required by the Court.
3.5 Counseling Acknowledgment. The Consenting Parent acknowledges that:
a. He/She has been advised of the right to independent legal counsel and counseling services regarding the emotional and legal implications of adoption;
b. Counseling services have been provided or offered without cost (or a reasonable explanation has been given for denial); and
c. He/She enters into this Consent voluntarily, knowingly, and free of duress or undue influence.
3.6 Revocation.
a. Irrevocability After Decree. This Consent is irrevocable upon the Court’s entry of a final decree of adoption.
b. Pre-Decree Revocation. Prior to entry of the final decree, Revocation is permitted only (i) upon written agreement of the Consenting Parent and Prospective Parent(s), and (ii) if the Court determines that Revocation is in the Adoptee’s best interests.
c. Procedure. Any Revocation must be filed in writing with the Court and served upon all interested parties in accordance with applicable rules of civil procedure.
3.7 Consideration. The consideration for this Consent is the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
4. REPRESENTATIONS & WARRANTIES
The Consenting Parent represents and warrants to the Prospective Parent(s) and the Court that:
4.1 Capacity. He/She is at least 18 years of age, of sound mind, and legally competent to execute this Consent.
4.2 Sole or Joint Parental Rights. [SELECT ONE]
• He/She is the sole legal parent of the Adoptee and no other person’s consent is required; or
• He/She shares legal parentage with [NAME], whose separate consent accompanies this document / is not required pursuant to Court order dated [DATE].
4.3 No Consideration for Consent. Except for Court-approved expenses allowable under ND law, no monetary or other inducement has been offered or accepted in exchange for this Consent.
4.4 Disclosure of Legal Proceedings. No protective order, custody proceeding, or other litigation is pending that would impair the validity or enforceability of this Consent, except as disclosed on Schedule A attached hereto.
4.5 Full Disclosure. All information provided to the Prospective Parent(s) and their agents regarding the Adoptee’s medical, genetic, and social history is, to the best of the Consenting Parent’s knowledge, true, complete, and accurate.
[// GUIDANCE: Attach any required medical/social history forms to satisfy N.D. Cent. Code §§ 14-15-11 to -12.]
4.6 Survival. The representations and warranties herein survive the Effective Date and the entry of the decree of adoption.
5. COVENANTS
5.1 Further Assurances. The Consenting Parent shall execute and deliver such additional documents and take such further action as the Court may reasonably require to effectuate the adoption.
5.2 Non-Interference. The Consenting Parent shall not directly or indirectly attempt to interfere with or impede the adoption process or the Prospective Parent(s)’ custody of the Adoptee, except as permitted by law or court order.
5.3 Confidentiality. The Consenting Parent agrees to maintain the confidentiality of adoption proceedings in conformity with North Dakota law.
6. DEFAULT & REMEDIES
6.1 Event of Default. Any material breach of Sections 4 or 5 constitutes a default.
6.2 Remedies. Upon default, the non-breaching party(ies) and/or any appointed guardian ad litem may petition the Court for appropriate relief, including:
a. Specific performance;
b. Injunctive relief to preserve placement stability; and
c. Award of costs and reasonable attorney fees as the Court deems just and equitable.
7. DISPUTE RESOLUTION
7.1 Governing Law. This Consent shall be governed by and construed in accordance with the laws of the State of North Dakota without regard to conflict-of-laws principles.
7.2 Forum Selection. The parties consent to the exclusive jurisdiction of the state family court located in [COUNTY], North Dakota, for any matter arising out of or relating to this Consent or the adoption.
7.3 Arbitration. Arbitration is not available for matters governed by this Consent.
7.4 Jury Waiver. Adoption matters in North Dakota are adjudicated without a jury; accordingly, no jury trial right exists or is waived hereunder.
8. GENERAL PROVISIONS
8.1 Entire Agreement. This Consent constitutes the entire agreement of the parties with respect to the subject matter and supersedes all prior understandings.
8.2 Amendment & Waiver. No amendment or waiver of any provision of this Consent is effective unless in writing and approved by the Court.
8.3 Severability. If any provision of this Consent is held invalid or unenforceable, such provision shall be severed and the remainder enforced to the fullest extent permitted by law.
8.4 Successors & Assigns. This Consent binds and inures to the benefit of the parties and their respective heirs, representatives, and permitted assigns.
8.5 Counterparts; Electronic Signatures. This Consent may be executed in counterparts (including by electronic signature), each of which is deemed an original and all of which constitute one instrument.
9. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned have executed this Consent as of the Effective Date.
9.1 Consenting Parent
[NAME OF CONSENTING PARENT]
Date: ______
STATE OF NORTH DAKOTA )
) ss.
COUNTY OF ______ )
On this _ day of _, 20__, before me, a Notary Public in and for said state, personally appeared [NAME], known to me (or satisfactorily proven) to be the person who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed.
Notary Public
My Commission Expires: _____
9.2 Prospective Parent(s)
a. _______
[NAME]
Date: ______
b. _______
[NAME]
Date: ______
[// GUIDANCE: Prospective Parent signatures are customary but may not be legally required for validity of parental consent; remove if unnecessary.]
9.3 Agency / Attorney Certification (if applicable)
I hereby certify that I have counseled the Consenting Parent regarding the nature and legal effect of this Consent and believe it to be executed voluntarily.
[NAME], [TITLE / ND BAR #]
[Agency / Law Firm]
Date: ______
Schedule A – Pending Legal Proceedings
[If none, state “None.”]
[// GUIDANCE: Before filing, review statutory requirements for notice, mandatory content of medical and social history reports, and any county-specific procedural rules. Ensure the original, notarized Consent is lodged with the Court clerk in accordance with local practice.]