North Dakota Century Code 14-15-16 provides that an adopted individual, a birth parent, or a birth sibling of an adopted individual may initiate a search for the adoptee/ birth parent. As of August 1, 2003, an adult child of a deceased adopted individual may also initiate a search.
- Searches may be made for either non-identifying information or for identifying information. When completing an identified search, a request for updated medical information may be made.
- An adopted individual may request a search when they reach age 18.
- A birth parent or birth sibling may request a search when the adopted individual being sought reaches age 21.
- The law requires individuals involved in the search process to consent to the release of identifying information about themselves.
- The search agency must make personal and confidential contact with the person being sought to request their consent.
- The licensed child placing agency that facilitated the adoption, or (if a facilitating agency cannot be identified) a licensed child placement agency of the searcher's choice completes the search.
- Search agencies may charge a fee for the search.
Non-identifying information about the adopted adult and the adopted adult's birth relatives may include:
- Date and place of the adopted adult's birth
- Age of the birth parents and a description of their general physical appearances
- Race, ethnicity, religion, and medical history of the birth parents
- Type of termination of parental rights
- Facts and circumstances relating to the adoptive placement
- Age and sex of children of the birth parents at the time of adoption
- Educational levels of the birth parents and their occupations, interests, or skills
- Any supplemental information about the medical or social conditions of members of the birth family provided since the adoption was complete.
Medical history is rarely updated by parties to the adoption, making the information as old as the adopted adult. Past records may contain sparse information collected at the time of the adoption either because a birth mother was hesitant to disclose information or because adoption agencies, private facilitators, and lawyers did not place importance on this information at the time. Additionally, knowledge regarding the genetic factors related to health has increased over the years, so that information requested at the time of adoption may not be as complete as would now be requested. State laws now require collection of more information at the time of the adoption for full disclosure of heath and background information to the adoptive parents.
More recent medical information may be obtained by requesting the agency search for the birth family and ask them to provide updated medical information.
Identifying information may lead to the positive identification of an adopted adult, birth mother, or birth father. Names, addresses, and dates contained in court records or submitted to the state Department of Health, Division of Vital Records, are usually considered identifying information.
- Contact the Department of Human Services for the forms to begin the adoption search, or access through the State's Electronic Forms Web site. The form numbers required are: SFN 940, Search/ Disclosure Request and SFN 1992, Release of Information - Search/ Disclosure.
- When you have completed the forms, you may forward to the licensed child placing agency that facilitated the adoption (see Licensed Adoption Agencies in ND).
- If you do not know which agency was involved in the adoption, you may forward to the Department's Adoption Service Unit, Children and Family Services Division.
- If you know the agency that will conduct the search, you should enclose the fee payment, made payable to the agency. The Department does not conduct the search, so no fee payment should be made to the Department. If you have questions about the fee payment, please phone 701-328-2316.
- Contact the child-placing agency that was involved with the adoption, if known.
- A child-placing agency will conduct the search process. Should you request identifying information or non-identifying information not on file, please keep in mind that North Dakota law provides that a child-placing agency has a period of three months to make reasonable effort to notify the adopted adult/ genetic parents/siblings of your request.
- An adoptee must petition a court to order the North Dakota Department of Health's Division of Vital Records to release the original birth certificate (see NDCC 23-02.1-18).
- For further information, individuals may contact the Division of Vital Records at (701) 328-2360.
- State Statute allows the licensed child-placing agency to charge a fee for services. Each agency has established a fee for services for both identifying and non-identifying information. Currently established fees are:
- Catholic Charities North Dakota
Identifying Information - $500.00
Non-identifying Information - $100.00 - Christian Adoption Services
Identifying Information - $105 (3 hrs.) + $35/hr. per additional hr.
Non-identifying Information - $35/hr. - Lutheran Social Services
Identifying Information - $510.00
Non-identifying Information - $125.00 - The Village Family Service Center
Identifying Information - $510.00
Non-identifying Information - $125.00
- Catholic Charities North Dakota
- No information can be provided until the appropriate fee is paid. Please make your check out to the appropriate agency if you are forwarding forms to the Department.