§ 14-15-05 — Persons required to consent to adoption

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 the father's child by adoption, or the father has otherwise
legitimated the minor according to the laws of the place in which the
adoption proceeding is brought; or
(2) The person is presumed to be the biological father of the minor under
subsection 1 of section 14-20-10, provided the nonexistence of the father
and child relationship between them has not been judicially determined;
c. Any individual lawfully entitled to custody of the minor or empowered to consent;
d. The court having jurisdiction to determine custody of the minor, if the legal
guardian or custodian of the minor is not empowered to consent to the adoption;

e. The minor, if more than ten years of age, unless the court in the best interest of
the minor dispenses with the minor's consent; and
f. The spouse of the minor to be adopted.
2. A petition to adopt an adult may be granted only if written consent to adoption has
been executed by the adult and the adult's spouse.