Title 14 — Domestic Relations and Persons

1. For purposes of this section and section 14-09-36, "caretaker" means the individual who is responsible for the physical control of a child and who is the child's biological or adoptive parent, the spouse of the child's biological or adoptive parent, or an individual acting in …

1. A caretaker of a child in the caretaker's care is guilty of a class C felony if the caretaker willfully fails to: a. Report the child's death to a law enforcement agency within two hours after learning about the child's death; or b. Report the location of the child's corpse to…

1. In determining an individual's age for purposes of this chapter, the individual's date of birth as provided by any of the following is presumed to be the individual's legal date of birth: a. A state government in the form of a birth certificate, other state-issued identificati…

Minors are persons under eighteen years of age. In this code, unless otherwise specified, the term "child" means "minor". Age must be calculated from the first minute of the day on which persons are born to the same minute of the corresponding day completing the period of minorit…

All persons eighteen years of age and over are adults.

A minor or a person of unsound mind of whatever degree is liable civilly for a wrong done by the minor or person of unsound mind in like manner as any other person.

A minor may enforce the minor's rights by civil action or other legal proceedings in the same manner as an adult, except that a guardian ad litem must be appointed to conduct the same.

No person, other than the parents, may assume the permanent care and custody of a child, unless authorized so to do by an order or decree of a court having jurisdiction, except that a parent, upon giving written notice to the department of health and human services and human serv…

Every person to whom an infant has been confided for nursing, education, or any other purpose, who, with intent to deceive any parent or guardian of such child, substitutes or produces to such parent or guardian another child in the place of the one so confided, is guilty of a cl…

A minor cannot give a delegation of power. A person under the age of eighteen may not make a contract relating to real property or any interest therein or relating to any personal property not in that person's immediate possession or control.

Unless otherwise provided by the laws of this state, a minor may make any contract other than contracts specified in section 14-10-09 in the same manner as an adult, subject only to the minor's power of disaffirmance.

In all cases other than those specified in sections 14-10-12 and 14-10-13, the contract of a minor may be disaffirmed by the minor personally, either before the minor's majority or within one year's time afterwards, or in case of the minor's death within that period, by the minor…

A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for the minor's support or that of the minor's family, if such contract is entered into by the minor when not under the care of a parent, guardian, or conservator able to provide…

A minor cannot disaffirm an obligation, otherwise valid, entered into by the minor under the express authority or direction of a statute.

A minor is capable of entering a binding undertaking for the purpose of securing the minor's release on bail in the same manner and with the same effect as if the minor were an adult.

A child conceived but not born is to be deemed an existing person so far as may be necessary for its interests in the event of its subsequent birth. 14-10-16. Identification cards - Application - Misrepresentation of age - Falsifying cards - Penalty. Repealed by S.L. 1977, ch. 34…

1. A minor may contract for and receive emergency examination, care, or treatment in a life-threatening situation without the consent of the minor's parent or guardian. If a minor has an emergency medical condition or the potential for an emergency medical condition, consent to e…

Repealed by S.L. 1983, ch. 82, § 154.

An individual who is at least sixteen years of age may donate blood on a voluntary and noncompensatory basis without obtaining the consent of the individual's parent or guardian. Any notification of a medical condition must be mailed to the donor and the donor's parent or guardia…

1. a. A physician or other health care provider may provide pregnancy testing and pain management related to pregnancy to a minor without the consent of a parent or guardian. b. A physician or other health care provider may provide prenatal care to a pregnant minor in the first t…

1. As used in this section, "unaccompanied homeless minor" means a minor fourteen years of age or older living in one of the situations described in 42 U.S.C. 11434a(2) and who is not in the care and physical custody of a parent or legal guardian. 2. An unaccompanied homeless min…

The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows: ARTICLE I - PURPOSE AND POLICY It is the purpose and policy of the party states to cooperate with…

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children must be determined in accordance with the provisions of article V thereof in the first instance. However, in the event of partial or complete default of…

In this chapter, unless the context or subject matter otherwise requires: 1. "Appropriate authority in the receiving state" as used in paragraph 1 of article V of the compact with reference to this state means the commissioner of the department of health and human services or des…

The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph 2 of article V of the Interstate Compact on the Pl…

Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under chapter 50-11 must be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agenci…

The provisions of section 50-12-16 do not apply to placements made pursuant to the Interstate Compact on the Placement of Children.

Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in article V thereof.

As used in article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the governor. The governor is hereby authorized to appoint a compact administrator in accordance with the terms of said article VII.

As used in this chapter, unless the context otherwise requires: 1. "Abandon" means: a. As to a parent of a child not in the custody of that parent, failure by the noncustodial parent significantly without justifiable cause to: (1) Communicate through physical contact or oral conv…

Any individual may be adopted.

The following individuals may adopt: 1. A husband and wife together although one or both are minors. 2. An unmarried adult. 3. The unmarried father or mother of the individual to be adopted. 4. A married individual without the other spouse joining as a petitioner, if the individu…

1. Proceedings for adoption must be brought in the court for the place in which, at the time of filing or granting the petition, the petitioner, or the individual to be adopted resides or is in military service or in which the agency having the care, custody, or control of the mi…

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 th…

1. Consent to adoption is not required of: a. A parent who has deserted a child without affording means of identification or who has abandoned a child. b. A parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly witho…

The required consent to adoption must be executed at any time after the birth of the child and in the manner following: 1. If by the individual to be adopted, in the presence of the court. 2. If by an agency, by the executive head or other authorized representative, in the presen…

1. A consent to adoption cannot be withdrawn after the entry of a decree of adoption. 2. A consent to adoption may be withdrawn before the entry of a decree of adoption if the court finds, after notice and opportunity to be heard is afforded to petitioner, the individual seeking …

1. A petition for adoption must be signed and verified by the petitioner, filed with the clerk of the court, and state: a. The date and place of birth of the individual to be adopted, if known. b. The name to be used for the individual to be adopted. c. The date petitioner acquir…

1. Except as specified in subsection 2, the petitioner in any proceeding for the adoption of a minor shall file, before the petition is heard, a full accounting report in a manner acceptable to the court of all disbursements of anything of value made or agreed to be made by or on…

1. a. After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition. At least twenty days before the date of hearing, notice of the filing of the petition and of the time and place of hearing must be given by the petitioner to the …

1. A final decree of adoption may not be issued and an interlocutory decree of adoption does not become final, until the minor to be adopted, other than a stepchild of the petitioner, has lived in the adoptive home: a. For at least six months after placement by an agency; b. For …

The department or child-placing agency involved in an adoption action may at any time before a final decree of adoption, if legal custody of the individual to be adopted is not held by the department, a county social service board, human service zone, a child-placing agency, or a…

1. The petitioner and the individual to be adopted shall appear at the hearing on the petition, unless the presence of either is excused by the court for good cause shown. 2. The court may continue the hearing from time to time to permit further observation, investigation, or con…

1. A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this state or of any other place, have the following effect as to matters within the jurisdiction or before a court of this state: a. Except with respect to …

1. An appeal from any final order or decree rendered under this chapter may be taken in the manner and time provided for appeal from a judgment in a civil action. 2. Subject to the disposition of an appeal, upon the expiration of one year after an adoption decree is issued the de…

1. A decree of court terminating the relationship of parent and child or establishing the relationship by adoption issued pursuant to due process of law by a court of any other jurisdiction within or outside of the United States must be recognized in this state and the rights and…

Within thirty days after an adoption decree or decree of validation of foreign adoption becomes final, the clerk of the court shall prepare an application for a birth record in the new name of the adopted individual and forward the application to the appropriate vital statistics …

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 ri…

A parent who consents to the adoption of a minor, under section 14-15-05, is entitled to legal counsel during all stages of a proceeding to terminate the parent and child relationship under section 14-15-19 if the minor is to be placed for adoption by a child-placing agency licen…

Notwithstanding the other provisions of this chapter, the biological father of an illegitimate minor adopts and legitimates a minor by publicly acknowledging the minor as that man's child, receiving the minor into that man's home, with the consent of that man's wife, if that man …