Appearance, Continuance; Disposition of Petition

8 CMC § 1411, under Adoption and Guardianship.

8 CMC § 1411

Appearance; Continuance; Disposition of Petition. (a) 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. (b) The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition. (c) If, at the conclusion of the hearing, the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the individual to be adopted, it may: (1) Issue a final decree of adoption; or (2) Issue an interlocutory decree of adoption which, by its own terms, may become a final decree of adoption on a day therein specified, which day shall not be less than six months nor more than one year from the date of issuance of the decree, unless sooner vacated by the court for good cause shown. In an interlocutory decree of adoption, the court may provide for observation, investigation, and further report on the adoptive home during the interlocutory period. (d) If the requirements for a decree under subsection (c) of this section have not been met, the court shall dismiss the petition and determine the person to have custody of the minor, including the petitioner if in the best interest of the minor. The court may also order that a hearing be held at the end of the interlocutory period, in order to verify that a final decree is in the best interest of the person to be adopted. Source: PL 8-42, § 13.