Page:1949 North Dakota Session Laws.pdf/166

DOMESTIC RELATIONS DOMESTIC RELATIONS AND PERSONS

CHAPTER 130

House Bill No. 290

(Graham, J. A. Stormon and Haugland)

MISCELLANEOUS REQUIREMENTS IN ADOPTION

AN ACT

To amend and reenact sections 14-1104. 14-1105. 14-1110, and 14-1111 of the North Dakota Revised Code of 1943, and section 14-1108 of the 1947 Supplement to the North Dakota Revised Code of 1943, relating to adoption of children, and declaring an emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

1. .) Section 14-1104 of the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows:

14-1104. .) A legitimate child cannot be adopted without the consent of its parent or parents, nor an illegitimate child without the consent of its mother, but the consent of a parent who has abandoned the child, or who cannot be found, or whose parental rights have been terminated as provided by law shall be dispensed with and consent may be given by the director of the division of child welfare of the public welfare board, or waived by order of the court. If the parental rights of one parent have been judicially terminated the consent of the other parent is sufficient. The consent of a parent who is insane or otherwise incapable of giving consent. may be dispensed with, and consent may be given by the guardian, if the child has a guardian, or if there is no guardian, by the director of the division of child welfare of the public welfare board. The consent of a parent who has lost custody of the child through divorce proceedings, or of the father of an illegitimate child shall not be regnired. The consent by a parent must be signed before a judge of the county court or a judge of the juvenile court or juvenile commissioner of the county where the parent is living or where the child was born, and after the judge or juvenile commissioner has explained to the parent the effect of the consent and has examined the parent and is satisfied that the consent is voluntary and is freely