Grandmother raised grandson from infancy; court bars joint adoption with partner
In a landmark decision, North Dakota’s Supreme Court ruled that unmarried couples are barred from adopting a child together, as dictated by existing state law. This case involved a grandmother and her partner who intended to adopt her grandchild, with agreement from both biological parents. The court clarified that only legislative changes can alter adoption laws, while allowing individual…
The North Dakota Supreme Court has ruled that unmarried couples cannot legally adopt a child together under state law. This decision blocks a joint adoption request by a grandmother and her partner who have cared for the child since he was four months old. The ruling stems from a legal question sent to the court by the McKenzie County District Court about the state's adoption laws.
The case involved an unmarried couple, D.W. and A.D., who have lived together since 2007, and their grandson, T.J.W.-H., left in their care by his biological parents. While the child's biological parents had agreed to give up their parental rights, the Supreme Court ruled that North Dakota law does not allow two unmarried adults to adopt a child together.
The court emphasized that lawmakers, not judges, determine the public policy on who is eligible to adopt, and that the 1969 Uniform Adoption Act only permits married couples to apply for joint adoptions.
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