North Dakota Adoption Laws page #9 of 9 |
North Dakota Adoption Laws |
North Dakota
Who May Access Information Citation: Cent. Code § 14-15-16
Nonidentifying information must be provided to: • The adoptive parents. • The adult adopted person. • The birth parent.
Identifying information may be provided to: • The birth parents. • The adoptive parents. • The adopted person. • Adult birth siblings. • The adult child of an adopted person.
Access to Nonidentifying Information Citation: Cent. Code § 14-15-16; 14-15-01(12)
Nonidentifying information, if known, concerning undisclosed birth parents must be furnished upon written request to the individuals listed above. ‘’Nonidentifying adoptive information’’ includes: • The age of the birth parent at the time of the child’s birth. • The heritage and religion of the birth parent. • The education completed by the birth parent at the time of the child’s birth. • The general physical appearance of birth parent at the time of the child’s birth, including the height, weight, color of hair, eyes, skin, and other information of a similar nature. • The talents, hobbies, and special interests of the birth parents. • The existence of any other children born to either birth parent. • The reasons for the child being placed for adoption. • The vocation of the birth parent in general terms. • The health history of the birth parents and blood relatives.
Mutual Access to Identifying Information Citation: Cent. Code § 14-15-16
Before the child reaches adulthood, exchanges of identifying information may take place between the birth parents, adoptive parents, and adopted child. • Disclosure of a party’s identifying information may not occur unless the party consents to disclosure. • If one parent objects, the identifying information disclosed by the agency may only relate to the consenting parent or parents.
An adopted person who is age 18 or older may request the department to initiate the disclosure of information identifying his or her birth parents or adult birth sibling. A birth parent or adult birth sibling may request the department to initiate the disclosure of information identifying that individual. An adult child of an adopted person may request the department to initiate the disclosure of information identifying the adopted person’s birth parents. Within 90 days after receiving a request, the child-placing agency shall make complete and reasonable efforts to notify the individual or individuals that a disclosure of identifying information has been requested. An adopted person, birth parent, or birth sibling may authorize disclosure, refuse to authorize disclosure, or take no action. If no action is taken in response to a request, the child-placing agency must treat that as a refusal to authorize disclosure, except that it does not preclude disclosure after the person’s death. Upon application to the department by an adult adopted person or the parent or guardian of a minor adopted child, the department may investigate to determine the adopted person’s eligibility for enrollment as a member of an Indian tribe.
Access to Original Birth Certificate Citation: Cent. Code § 23-02.1-18
The original birth certificate is available only upon order of a court or as provided by rules and regulations.
Where the Information Can Be Located:
Passive Registry:
North Dakota Department of Human Services
North Dakota Vital Records Information
North Dakota Adoption Search and Disclosure: Adoption Program
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/infoaccessap.cfm.
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"In North Dakota, an adult adoptee (age 18) may request the Department of Human Services to disclose identifying information concerning the birth parent(s). The Department must notify the child placing agency maintaining the adoption records and the agency must attempt to locate the birth parents. If the agency is unable to locate the birth parent(s), information may not be released. If either of the birth parents has filed an affidavit denying consent to release of identifying information, information may not be released. Information may only be released if both birth parents have filed a consent. Adult adoptees may request from the Department identifying information respecting adult biological siblings. Information will only be released with the written consent of the sibling and of any biological parents of the sibling if he or she knows their identity."
http://www.geocities.com/capitolhill/9606/states/northdakota.html
North Dakota Adoption Search and Disclosure: Adoption Program
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