North Dakota Law Changed in 2003 - Click on these lines to read & print out the Century Code!
Scroll down the page to Chapter 13-15 titled Revised Uniform Adoption Act.

Part of the new law reads:  If the child-placing agency has located both genetic parents and only one genetic parent authorizes disclosure, the child-placing agency may not disclose identifying information regarding the consenting parties unless there is a court order authorizing the disclosure.  Upon application to the court by the child-placing agnecy, the court shall issue an order authorizing disclosure of information identifying the consenting parties.  The order must include any conditions the court determines sufficient to reasonable ensure the continued nondisclosure of information identifying the objecting  genetic parent.  Conditions placed on the disclosure may include a sworn statement by the consenting genetic parent to refrain from disclosing to the adopted individual any information identifying the objecting genetic parent.

The old law denied disclosure to all parties if even one party said no.  Some progress is better than no progress.

What does this mean to North Dakota adoptees, birth parents, and birth siblings?

If one party objects, for the consenting parties to contact one another, an attorney would need to be retained & a petition made to the court!!!  Two consenting adults must obtain a court order to have contact with each other.  The idea is to protect the nonconsenting individual who, for a variety of reasons, does not want to be discovered.

Common Questions Regarding North Dakota Adoption Law & Misc Questions

• How old does the adoptee have to be before they can initiate disclosure of information for their birth parent?  18
• How old does the adoptee have to be before the birth parents can initiate disclosure of information for them?  21
• If I am 18 years old & have an adopted adult genetic sibling who is 21, can I initiate disclosure of information for them? Yes
• My mom is alive, 80 years old & adopted. Can I, her adult child, initiate disclosure of information for her birth parents? No
• My mom passed away & was adopted. Can I, her adult child, initiate disclosure of information for her birth parents? Yes
• If I am a member of the adoption triad, may I refuse to authorize disclosure? Yes
• If I am a member of the adoption triad & I do not respond to an authorization request, will disclosure be authorized? No Exeption: Failure to respond to an authorization request does not preclude disclosure after the individual's death.
• When I pass away, can disclosure happen? Yes, unless unrevoked written refusal to authorize disclosure has been verified.
• I don't know what Adoption Agency was involved. What I am to do?                                                                   Contact ND Dept of Human Services Children and Family Services

600 East Boulevard Avenue, Dept 325
Bismarck N.D. 58505-0250
Phone: (701) 328-2316
Toll Free: (800) 245-3736
Fax: (701) 328-3538
dhscfs@state.nd.us
• Does the Dept of Human Services charge for their services? No.  But, they must have a written, notarized request before they can move forward. They do not do the actual search. They locate your file in the archives, locate the agency from the file records, & forward the paperwork to the Adoption Agency. Again, they must have a written request before they can move forward. Email their Department to obtain the proper forms.
• Do the adoption agencies charge for their services? Yes.
• Will the adoption agencies accept a payment plan? Most adoption agencies are very flexible regarding a payment plan. However, you will not receive information until payment is made in full.
• Will the adoption agencies waive the fee under certain circumstances? Most adoption agencies will decrease or waive the fee if financial demise can be demonstrated.
• Am I entitled to a copy of my original birth certificate? No
• Can I initiate disclosure of information over the phone? No. The agencies must have a written, notarized request to proceed.
• What if I initiate disclosure of information & sent a check to an adoption agency & that agency was not involved in the adoption? Does the initiate disclosure of information get swept aside & I'm out the money?  No. If the agency receives a request with a check and it's not their agency,  they would contact the Dept of Human Services or call the other agencies themselves. If a connection is not made, the check is returned.
• I cannot recall the birthdate of my child.  That time of my life is a black hole.  I am too embarrassed to initiate disclosure of information.  What can I do?  Many women are in these same shoes.  Within the ND Dept of Human Services, the archived adoption files are indexed by the name of the birth parent, names of the adopted child and adoptive parents. So, dates are less important than the correct names at the time of adoption.  Dates are used with common names in order to differentiate one from another.
• I do not know the birthdate of my child. I am a birth father & was denied this information during the time in which my child was born.  What can I do?  Many men are in these same shoes.  Within the ND Dept of Human Services, the archived adoption files are indexed by the name of the birth parent, names of the adopted child and adoptive parents. So, dates are less important than the correct names at the time of adoption.  Dates are used with common names in order to differentiate one from another.
• My great grandma was adopted in North Dakota.  How far back do records go?  The ND Dept of Human Services has microfiche and imaged adoption files of adoptions back to the early 1900's and possibly earlier. These specific files are indexed by name.
• Does North Dakota have a birth index?  Yes, but the index is not accessible to the public.