14-15.1 Child Relinquishment to Identified Adoptive Parents
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<![CDATA[CHAPTER 14-15.1CHILD RELINQUISHMENT TO IDENTIFIED ADOPTIVE PARENTS14-15.1-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Birth parent" means the woman who gave birth to a child, any man alleged by that<br>woman to be the biological father of that child, or any man presumed by law or<br>judicially determined to be the biological father of that child.2."Child-placing agency" means an agency licensed under chapter 50-12.3."Court" means the district court of this state.4."Department" means the department of human services.5."Identified adoptive parent" means the person or persons eligible under section<br>14-15-03 to adopt a child and who has been selected by a birth parent to adopt a<br>specific child.14-15.1-02. Petition for relinquishment - Filing - Written consent required.1.A birth parent or identified adoptive parent may file with the court a petition to<br>relinquish parental rights with respect to a minor child to the identified adoptive<br>parent. The written consent of any birth parent to the adoption must accompany the<br>petition. The written consent of the identified adoptive parent to assume custody<br>must be filed with the petition. The petition and all documents must be served upon<br>the department, nonpetitioning birth parents, and identified adoptive parent.2.A petition for relinquishment, together with the written consent to adoption, may be<br>filed before the birth of the child to whom the petition relates.14-15.1-03.Petition for relinquishment - Hearing - Temporary custody order -Notice - Order for relinquishment.1.The court shall set a time and place for a hearing on the petition for relinquishment.<br>A guardian ad litem must be appointed for the child at least seven days prior to the<br>hearing. The hearing may not be held sooner than forty-eight hours after the child's<br>birth or the signing of all necessary consents to adoption, whichever is later. If a<br>report of a child-placing agency is filed with the petition pursuant to section<br>14-15.1-04, the court may enter a temporary order placing the child with the<br>identified adoptive parent pending the hearing.2.Notice of the hearing must be served on or by any birth parent, the department, the<br>child-placing agency, the identified adoptive parent, and the guardian ad litem.3.The court may require any birth parent to appear personally and enter consent to the<br>adoption on the record. The court shall determine that any written consent has been<br>validly executed. If the court determines it is in the best interests of the child, the<br>court shall approve the petition for relinquishment.4.If the court approves the petition and determines, based upon the report of the<br>child-placing agency and other evidence presented at the hearing, that placement<br>with the identified adoptive parent is in the best interests of the child, the court shall:a.Enter an order terminating the relationship of the birth parent and the child;b.Order that the child be placed with the identified adoptive parent pending<br>adoption;Page No. 1c.Order supervision by a child-placing agency until the adoption is finalized;d.Order the identified adoptive parent financially responsible for the support of the<br>child until further order of the court; ande.Make a finding regarding the reasonableness of expenses reported under<br>section 14-15.1-05.14-15.1-04. Report of child-placing agency. Before a hearing under this chapter, thereport of a child-placing agency must be filed with the court. The child-placing agency shall serve<br>a copy of the report upon the birth parent, the identified adoptive parent, the guardian ad litem,<br>and the department at least seven days before the hearing.The report must include thefollowing:1.A recommendation as to whether the home of the identified adoptive parent is a<br>suitable home for the placement of the child.2.A preplacement adoption assessment indicating how the identified adoptive parent's<br>emotional maturity, finances, health, relationships, criminal history record, and any<br>other relevant factors may affect the identified adoptive parent's ability to accept,<br>care for, and provide the child with an adequate environment in which to mature.3.The medical and social history of the birth parent, including an assessment<br>regarding the birth parent's understanding and acceptance of the action.4.If the child has been born before the filing of the report, a medical and<br>developmental history of the child.14-15.1-05. Report of agreements and disbursements. Prior to a hearing under thischapter, a report of agreements and disbursements must be filed with the court and served upon<br>the department. The report must include the following:1.A statement of all agreements, whether oral or written, entered into between any of<br>the parties to an action under this chapter, which relate in any way to the future<br>conduct of any party with respect to the child. If oral agreements are reported, the<br>substance of such agreements must be set forth in the report and a copy of the<br>report must be served on all parties to the oral agreement. Copies of all written<br>agreements must be attached to the report.2.A full accounting in a manner acceptable to the court of all disbursements of<br>anything of value made or agreed to be made by or on behalf of the identified<br>adoptive parent in connection with proceedings under this chapter. The report must<br>show any expenses incurred in connection with:a.The birth of the child.b.Placement of the child with the identified adoptive parent.c.Medical or hospital care received by the birth parent or by the child prior to or<br>after the child's birth.d.Services relating to the petition for relinquishment or the placement of the child<br>which were received by or on behalf of a birth parent, identified adoptive parent,<br>or any other person.3.A statement of each person furnishing information contained in the report by which<br>that person attests to the correctness and truthfulness of the information furnished.Page No. 214-15.1-06.Fees and charges.Reasonable fees may be charged for professionalservices and living expenses if reflected in a report of agreements and disbursements filed under<br>this chapter and approved by the court. The fees may not be contingent upon placement of the<br>child for adoption, consent to adoption, or cooperation in the completion of adoption.<br>"Reasonable fees" may include:1.Preplacement counseling, adoption assessment, placement of the child, foster care,<br>or other preadoption services, which must be paid directly to the provider of the<br>services;2.Legal fees relating to the petition for relinquishment or adoption, which must be paid<br>directly to the provider of the services;3.Medical expenses relating to prenatal care and the birth of the child, which are not<br>already covered by health insurance;4.Expenses for transportation, meals, and lodging incurred for placement of the child<br>or in order to receive counseling, legal, or medical services related to the pregnancy,<br>birth, or placement; and5.Living expenses of the birth mother which are needed to maintain an adequate<br>standard of living, which the birth mother is unable to otherwise maintain because of<br>loss of income or other support resulting from pregnancy. Payments may cover<br>expenses incurred during the pregnancy-related incapacity but not for a period<br>longer than six weeks following the delivery unless the court determines within the<br>six-week period that the birth mother is unable to be employed due to physical<br>limitations relating to the birth of the child. Living expenses do not include expenses<br>for lost wages, gifts, educational expenses, vacations, or other similar expenses of a<br>birth mother.14-15.1-07. Adoption petition - Time limit for filing.1.Within one hundred eighty days after entry of an order for relinquishment under this<br>chapter, the identified adoptive parent shall file a petition for adoption under chapter<br>14-15 or the statutes of the adopting parent's state of residence. A copy of the<br>petition to adopt must be filed with the department.Reports relating topostplacement supervision must be filed with the court hearing the adoption. The<br>resulting decree of adoption, if so ordered by the court, must be filed with the<br>department.2.If no petition for adoption is filed within one hundred eighty days, the department<br>shall notify the court. The court shall then set a hearing to determine whether the<br>child's placement should be changed.Page No. 3Document Outlinechapter 14-15.1 child relinquishment to identified adoptive parents]]>