§ 14-10-05 — Assignment of children prohibited - Penalty

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
service zone, may place that person's own child in the home of the child's grandparent, uncle, or
aunt for adoption or guardianship by the person receiving the child. The child must be
considered abandoned if proceedings for the adoption or guardianship of the child are not
initiated by such relative within one year following the date of notice of placement. No parent
may assign or otherwise transfer the parent's rights or duties with respect to the care and
custody of the parent's child. Any such transfer or assignment, written or otherwise, is void. This
section does not affect the right of the parent to consent in writing to the legal adoption of the
parent's child, but such written consent does not operate to transfer any right in the child in the
absence of a decree by a court having jurisdiction. Any person who violates the provisions of
this section is guilty of a class A misdemeanor.