This text of North Dakota § 27-20.3-22 (Proceeding for termination of parental rights) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.The petition must contain information required by the North Dakota Rules of Juvenile
Procedure and state clearly that an order for termination of parental rights is requested
and that the effect will be as stated in section 27-20.3-23.
2.If both of the biological parents of the child are not named in the petition either as
petitioner or as respondent, the court shall cause inquiry to be made of the petitioner
and other appropriate persons in an effort to identify an unnamed parent. The inquiry
must include, to the extent necessary and appropriate, all of the following:
a.Whether any man is presumed to be the father of the child under chapter 14-20.
b.Whether the biological mother of the child was cohabiting with a man at the time
of conception or birth of the child.
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1. The petition must contain information required by the North Dakota Rules of Juvenile
Procedure and state clearly that an order for termination of parental rights is requested
and that the effect will be as stated in section 27-20.3-23.
2. If both of the biological parents of the child are not named in the petition either as
petitioner or as respondent, the court shall cause inquiry to be made of the petitioner
and other appropriate persons in an effort to identify an unnamed parent. The inquiry
must include, to the extent necessary and appropriate, all of the following:
a. Whether any man is presumed to be the father of the child under chapter 14-20.
b. Whether the biological mother of the child was cohabiting with a man at the time
of conception or birth of the child.
c. Whether the biological mother of the child has received from any man support
payments or promises of support with respect to the child or in connection with
the pregnancy.
d. Whether any individual has formally or informally acknowledged or declared that
individual's possible parentage of the child.
e. Whether any individual claims any right to custody of the child.
3. The court shall add as respondent to the petition and cause to be served with a
summons any individual identified by the court as an unnamed parent, unless the
individual has relinquished parental rights, or parental rights have been previously
terminated by a court.
4. If the court, after inquiry, is unable to identify an unnamed parent and no individual has
appeared in the proceeding claiming to be an unnamed parent of the child or to have
any right of custody of the child, the court shall enter an order terminating all parental
rights of the unnamed parent with reference to the child and the parent and child
relationship.
5. If a petition for termination of parental rights is made by a parent of the child under this
section or if a parent consents to termination of parental rights, that parent is entitled to
legal counsel during all stages of a proceeding to terminate the parent and child
relationship.
6. Subject to the disposition of an appeal, upon the expiration of thirty days after an order
terminating parental rights is issued under this section, the order may not be
questioned by any person, including the petitioner, in any manner, or upon any ground,
including fraud, misrepresentation, failure to give any required notice, or lack of
jurisdiction of the parties or of the subject matter, unless the person retained custody
of the child.
7. At least ten days before the petition is heard, the clerk of district court or juvenile court
shall provide a copy of the petition and summons, if any, to the director of the human
service zone.