14-15-06. Individuals as to whom consent not required - Notice of hearing.
377 words·~2 min read·
/nd/title-14/chapter-14-15-revised-uniform-adoption-act/14-15-06·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 without justifiable cause:
(1)To communicate with the child; or
(2)To provide for the care and support of the child as required by law or judicial
decree.
c. The father of a minor if the father's consent is not required by subdivision b of
subsection 1 of section 14-15-05.
d. A parent who has relinquished that parent's right to consent under section
14-15-19.
e. A parent whose parental rights have been terminated by order of court under
section 14-15-19.
f. A parent judicially declared incompetent or mentally defective if the court
dispenses with the parent's consent.
g. Any parent of the individual to be adopted, if the individual is an adult.
h. Any legal guardian or lawful custodian of the individual to be adopted, other than
a parent, who has failed to respond in writing to a request for consent for a period
of sixty days or who, after examination of the guardian's or custodian's written
reasons for withholding consent, is found by the court to be withholding consent
unreasonably.
i. The spouse of the individual to be adopted, if the failure of the spouse to consent
to the adoption is excused by the court by reason of prolonged unexplained
absence, unavailability, incapacity, or circumstances constituting an unreasonable
withholding of consent.
j. A parent of the minor, if the failure of the parent to consent is excused by the
court in the best interest of the child by reason of the parent's prolonged
unexplained absence, unavailability, incapacity, or significant failure, without
justifiable cause, to establish a substantial relationship with the minor or to
manifest a significant parental interest in the minor, or by reason of inability of the
court to identify the parent.
2. Except as provided in section 14-15-11, notice of hearing on a petition for adoption
need not be given to an individual whose consent is not required or to an individual
whose consent or relinquishment has been filed with the petition.