Northern Mariana Islands’ adoption statutes
CHAPTER 4.
Adoption.
� 1401. Definitions.
� 1402. Who May be Adopted.
� 1403. Who May Adopt.
� 1404. Persons Required to Consent to Adoption.
� 1405. Persons as to Whom Consent and Notice is not Required.
� 1406. How Consent is Executed.
� 1407. Withdrawal of Consent.
� 1408. Petition for Adoption.
� 1409. Report of Petitioner’s Expenditures.
� 1410. Notice of Petition, Hearing, and Investigation.
� 1411. Appearance; Continuance; Disposition of Petition.
� 1412. Effect of Petition and Decree of Adoption.
� 1413. Appeal and Validation of Adoption Decree.
� 1414. Hearings and Records of Adoption Proceedings; Confidential Nature.
� 1415. Recognition of Foreign Decree Affecting Adoption.
� 1416. Change of Name.
� 1417. New Birth Record.
� 1418. Relinquishment and Termination of Parent and Child Relationship.
� 1419. Construction of Chapter; Rights of Persons Affected by Adoption.
� 1420. Illegal Acts.
� 1401. Definitions.
As used in this chapter, unless the context otherwise requires:
(a) “Abandonment” means conduct which evinces a settled purpose to forego all parental duties. Abandonment during the
mother’s pregnancy shall be included in calculating the duration of abandonment.
(b) “Adult” means an individual who is not a minor.
(c) “Agency” means any person certified, licensed, or otherwise specially empowered by law or rule to place minors for
adoption.
(d) “Alien” means a person as defined in 3 CMC � 4303(a).
(e) “Child” means a son or daughter, whether by birth or by adoption.
(f) “Court” means the Commonwealth Superior Court, and, when the context requires, means the court of any state
empowered to grant petitions for adoption.
(g) “Minor” means an individual under the age of 18 years.
(h) “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate,
trust partnership or association, or any other legal entity.
(i) “Resident” means an individual who is physically present and living in the Commonwealth for at least one year prior to
filing a petition for adoption.
Source: PL 8-42, � 3.
Commission Comment: According to PL 8-42, � 2:
The purpose of this act is to protect and promote the welfare of children, natural parents, and adoptive parents and thereby
promote the welfare of the Commonwealth of the Northern Mariana Islands. To this end, the following basic safeguards are
provided herein:
(a) That the child is legally free for adoption;
(b) That the natural parents consent to the adoption or that the parent-child relationship has been terminated by judicial
decree;
(c) That adequate notice of the adoption petition is given;
(d) That new birth certificates are issued following adoption decrees; and
(e) Confidentiality of records.
PL 8-42, which repealed former title 8, division 1, chapter 4 (also concerning adoption), took effect January 21, 1994.
� 1402. Who May be Adopted.
Any person under the age of 18 years may be adopted under this chapter; provided, that the Superior Court shall have the
discretion to allow for the adoption of persons over the age of 18 years if the proposed adoption of such persons is found to
be in conformance with local culture or custom and such adoption is deemed not to be for the purpose of circumventing or
evading the laws of the Commonwealth or of the United States of America.
Source: PL 8-42, � 4.
� 1403. Who May Adopt.
Any adult individual who is a resident of the Commonwealth, not married, or any person married to the legal father or
mother of a minor child, or a husband and wife jointly, may petition the Superior Court for leave to adopt an individual
toward whom he or they do not sustain the legal relationship of parent and child and for a change of the name of the
individual; provided, however, that the petitioner(s) shall be at least 10 years older than the child to be adopted. The petition
shall be in such form and shall include such information as prescribed in 8 CMC � 1408 and exhibits as may be prescribed
by the Superior Court.
Source: PL 8-42, � 5.
� 1404. Persons Required to Consent to Adoption.
(a) Unless consent is not required under 8 CMC � 1405, a petition to adopt a minor may be granted only if written consent
to a particular adoption has been executed by:
(1) The mother of the child;
(2) A legal father as to whom the child is a legitimate child;
(3) An adjudicated father whose relationship to the child has been determined by a court;
(4) A presumed father under 8 CMC � 1704;
(5) A concerned natural father who is not the legal, adjudicated, or presumed father but who has demonstrated a reasonable
degree of interest, concern or responsibility as to the welfare of a child, either:
(i) During the first 30 days after such child’s birth,
(ii) Prior to the execution of a valid consent to adoption by the mother of the child, or
(iii) Prior to the placement of the child with adoptive parents,
whichever period of time is greater;
(6) Any person or agency having legal custody of the child or legally empowered to consent;
(7) The court having jurisdiction of the custody of the child, if the legal guardian or legal custodian of the person of the child
is not empowered to consent to adoption; and
(8) The child to be adopted if more than 10 years of age, unless the court, in the best interest of the child, dispenses with the
child’s consent.
Source: PL 8-42, � 6, modified.
� 1405. Persons as to Whom Consent and Notice is not Required.
(a) Consent to adoption is not required of:
(1) A parent who has deserted a child without affording means of identification or who has abandoned the child for a period
of least six months;
(2) A parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly without
justifiable cause:
(i) To communicate with the child, or
(ii) To provide for the care and support of the child as required by law or judicial decree;
(3) The father of a minor if the father’s consent is not required by 8 CMC � 1404;
(4) A parent who has relinquished his right to consent under 8 CMC � 1418;
(5) A parent whose parental rights have been terminated by order of a court under 8 CMC � 1418 or by any other court of
competent jurisdiction;
(6) A parent judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent;
(7) Any parent of the individual to be adopted, if the individual is an adult;
(8) Any legal guardian or lawful custodian of the individual to be adopted other than a parent, who has failed to respond in
writing to a request for consent for a period of 60 days or who, after examination of his written reasons for withholding
consent, is found by the court to be withholding his consent unreasonably; or
(9) The spouse of the individual to be adopted, if the failure of the spouse to consent to the adoption is excused by the court
by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable
withholding of consent.
(b) Except as provided in 8 CMC � 1410, notice of a hearing on a petition for adoption need not be given to a person
whose consent is not required or to a person whose consent or relinquishment has been filed with the petition.
Source: PL 8-42, � 7.
� 1406. How Consent is Executed.
(a) The required consent to adoption shall be executed at any time after the birth of the child and in the manner following:
(1) If by the individual to be adopted, in the presence of the court;
(2) If by an agency, by the executive head or authorized representative, in the presence of a person authorized to take
acknowledgments;
(3) If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments;
or
(4) If by a court, by appropriate order or certificate.
(b) A consent which does not name or otherwise identify adopting parent is valid if the consent contains a statement by the
person whose consent it is that the person consenting voluntarily executed the consent irrespective of disclosure of the name
or other identification of the adopting parent.
(c) Upon request by the petitioner, the court may order a properly executed and notarized written consent to be placed
under seal.
Source: PL 8-42, � 8.
� 1407. Withdrawal of Consent.
(a) A consent to adoption cannot be withdrawn after the entry of a decree of adoption.
(b) A consent to adoption may be withdrawn prior to the entry of a decree of adoption if the court finds, after notice and
opportunity to be heard is afforded to petitioner, the person seeking the withdrawal, and the agency, if any, placing a child
for adoption, that the withdrawal is in the best interest of the child to be adopted and the court orders the withdrawal.
Source: PL 8-42, � 9.
� 1408. Petition for Adoption.
(a) A petition for adoption shall be signed and verified by the petitioner, filed with the clerk of the court, and state or include:
(1) The date and place of birth of the individual to be adopted, if known;
(2) The name to be used for the individual to adopted;
(3) The date petitioner acquired custody of the minor and of placement of the minor and the name of the person placing the
minor;
(4) The full name, age, place, duration of residence and, in the case of an alien, immigration status of the petitioner;
(5) The marital status of the petitioner, including the date and place of marriage, if married;
(6) Facts showing that the petitioner has facilities and resources suitable to provide for the nurture and care of the minor to
be adopted, and that it is the desire of the petitioner to establish the relationship of parent and child with the individual to be
adopted;
(7) A description and estimate of value of any property of the individual to be adopted; and
(8) The name of any person whose consent to the adoption is required, but who has not consented, and facts or
circumstances which excuse the lack of his or her consent normally required to the adoption;
(b) A certified copy of the birth certificate or verification of birth record of the individual to be adopted, if available, and the
required consents and relinquishments shall be filed with the clerk of the court. All foreign documents shall be authenticated
according to procedure set forth by the orders or rules of the Superior Court.
(c) The caption for a petition for adoption shall be titled “In the Matter of the Adoption of
_________________________.” The person to be adopted shall be designated in the caption under the name by which he
or she shall be known if the petition is granted. Any name by which the child was previously known shall not be disclosed in
the petition, the notice of hearing except as provided in 8 CMC � 1410(e), or in the decree of adoption.
Source: PL 8-42, � 10, modified.
� 1409. Report of Petitioner’s Expenditures.
(a) Except as specified in subsection (b) of this section, the petitioner in any proceeding for the adoption of a minor child
shall file, before the petition is heard, a full accounting report in a manner acceptable to the court of all disbursements of
anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption. The report
shall show any expense incurred in connection with:
(1) The birth of the minor;
(2) Placement of the minor with the petitioner;
(3) Medical or hospital care received by the mother or by the minor during the mother’s prenatal care and confinement;
(4) Services relating to the adoption or to the placement of the minor for adoption which were received by or on behalf of
the petitioner, either natural parent of the minor, or any other person;
(5) Fees charged by all attorneys involved in the adoption, including those fees charged by out-of-state-attorneys;
(6) If the natural mother is not a resident of Commonwealth, the cost of transportation back to the place of the mother’s
country of origin; and
(7) Reasonable living expenses received by the mother during her pregnancy and confinement.
(b) This section does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child.
(c) Any report made under this section must be signed and verified by the petitioner. In addition to any other penalties, a
fraudulent declaration under this section shall be cause for the court to deny the petition.
Source: PL 8-42, � 11.
� 1410. Notice of Petition, Hearing, and Investigation.
(a) After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition. At least 20 days
before the date of hearing, a notice of the filing of the petition and of time and place of the hearing shall be given by the
petitioner to any person or agency whose consent is required by this chapter but who has not consented, and to any person
whose consent is dispensed with upon any ground mentioned in 8 CMC � 1405(a)(1), (2), (6), (8) and (9) and who has not
consented.
(b) At least 20 days before the date of the hearing, in any adoption proceeding where either a petitioner or the person(s) to
be adopted is an alien, the petitioner shall give notice to the office of the Attorney General of the filing of the petition and of
the time and place of the hearing. The Attorney General shall have the right to intervene in any adoption; such intervention
right shall be for the sole purpose of ensuring that the proceeding will not be used to circumvent or evade the immigration
laws of the Commonwealth.
(c) If the court so orders, an investigation (“home study”) shall be made by the Division of Youth Services or its designee or
any other qualified person or agency designated by the court to inquire into the conditions and the antecedents of a minor
sought to be adopted and of the petitioner for the purpose of ascertaining whether the adoptive home is a suitable home for
the minor and whether the proposed adoption is in the best interest of the minor.
(1) A written report of the investigation shall be filed with the court by the investigator before the petition is heard.
(2) The report of the investigation shall contain an evaluation of the placement with a recommendation as to the granting of
the petition for adoption and any other information the court requires regarding the petitioner or the minor.
(d) After the filing of a petition to adopt an adult, a copy of the petition and a notice of the time and place of the hearing shall
be given to any person whose consent to the adoption is required but who has not consented. The court may order an
appropriate investigation to assist it in determining whether the adoption is in the best interest of the persons involved.
(e) Notice shall be given in the manner prescribed by the rules of civil procedure for the service of process in a civil action in
the Commonwealth or in any manner the court by order directs. Published notice shall include the child’s name as it appears
on the birth certificate and any other name(s) by which the child was previously known. Proof of the giving of the notice shall
be filed with the court before the petition is heard.
(f) In any instance under this or any other section, where the court orders that a home study be made to determine the
suitability of a petitioner to adopt, the petitioner shall bear all costs of the home study.
Source: PL 8-42, � 12, modified.
Commission Comment: With respect to the reference to the “Division of Youth Services,” see Executive Order 94-3
(effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other
changes, set forth in the commission comment to 1 CMC � 2001.
� 1411. Appearance; Continuance; Disposition of Petition.
(a) The petitioner and the individual to be adopted shall appear at the hearing on the petition, unless the presence of either is
excused by the court for good cause shown.
(b) The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any
facts or circumstances affecting the granting of the petition.
(c) If, at the conclusion of the hearing, the court determines that the required consents have been obtained or excused and
that the adoption is in the best interest of the individual to be adopted, it may:
(1) Issue a final decree of adoption; or
(2) Issue an interlocutory decree of adoption which, by its own terms, may become a final decree of adoption on a day
therein specified, which day shall not be less than six months nor more than one year from the date of issuance of the decree,
unless sooner vacated by the court for good cause shown. In an interlocutory decree of adoption, the court may provide for
observation, investigation, and further report on the adoptive home during the interlocutory period.
(d) If the requirements for a decree under subsection (c) of this section have not been met, the court shall dismiss the petition
and determine the person to have custody of the minor, including the petitioner if in the best interest of the minor. The court
may also order that a hearing be held at the end of the interlocutory period, in order to verify that a final decree is in the best
interest of the person to be adopted.
Source: PL 8-42, � 13.
� 1412. Effect of Petition and Decree of Adoption.
(a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of
the Commonwealth or of any other place, have the following effect as to matters within the jurisdiction or before a court of
the Commonwealth:
(1) Except with respect to a spouse of the petitioner and relatives of the spouse in the case of a stepparent adoption, to
relieve the natural parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal
relationships between the adopted individual and his relatives, including his natural parents, so that the adopted individual
thereafter is a stranger to his former relatives for all purposes, including inheritance and the interpretation or construction of
all documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly
include the individual by name or by some designation not based on a parent and child or blood relationship; and
(2) To create the relationship of parent and child between the petitioner and the adopted individual, as if the adopted
individual were, a legitimate blood descendant of the petitioner, for all purposes including inheritance and applicability of
statutes, documents, and instruments, whether executed before or after the adoption is decreed, which do not expressly
exclude an adopted individual from their operation or effect.
(b) Notwithstanding the provisions of subsection (a) of this section, if a parent of a child dies without the relationship of
parent and child having been previously terminated and a spouse of the living parent thereafter adopts the child, the child’s
right of inheritance from or through the deceased parent is unaffected by the adoption.
(c) An interlocutory decree of adoption, while it is in force, has the same legal effect as a final decree of adoption. If an
interlocutory decree of adoption is vacated, it shall be as though void from its issuance, and the rights, liabilities, and status of
all affected persons which have not become vested shall be governed accordingly.
Source: PL 8-42, � 14.
� 1413. Appeal and Validation of Adoption Decree.
(a) An appeal from any final order or decree rendered under this chapter may be taken in the manner and time provided for
appeal from a judgment in a civil action.
(b) Subject to the disposition of an appeal, upon the expiration of one year after an adoption decree has been issued, the
decree cannot be questioned by any person, including the petitioner, in any manner 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, in
the case of the adoption of a minor, the petitioner has not taken custody of the minor, or, in the case of adoption of an adult,
the adult had no knowledge of the decree within the one year period.
Source: PL 8-42, � 15.
� 1414. Hearings and Records of Adoption Proceedings; Confidential Nature.
(a) Notwithstanding any other law concerning public hearings and records:
(1) All hearings held in proceedings under this chapter, shall, upon request by any interested person and upon order the
court, be held in closed court without admittance of any person other than the essential officers of the court, the parties, their
witnesses, counsel, persons who have not previously consented to the adoption but are required to consent, and
representatives of the agencies present to perform their official duties;
(2) All papers and records pertaining to the adoption, whether part of the permanent record of the court or of a file in the
Division of Youth Services or in an agency, are subject to inspection only upon consent of the court and all interested
persons, or, in exceptional cases, only upon an order of the court for good cause shown; and
(3) Except as authorized in writing by the adoptive parent, the adoptive child, if 14 or more years of age, or, upon order of
the court for good cause shown in exceptional cases, no person is required to disclose the name or identity of either
adoptive parent or of an adoptive child.
(b) For purposes of this section, “interested person” is a petitioner or anyone whose consent is required under 8 CMC �
1404.
Source: PL 8-42, � 16, modified.
Commission Comment: With respect to the reference to the “Division of Youth Services,” see Executive Order 94-3
(effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other
changes, set forth in the commission comment to 1 CMC � 2001.
� 1415. Recognition of Foreign Decree Affecting Adoption.
A decree of court terminating the relationship of parent and child or establishing the relationship by adoption pursuant to due
process of law by a court of any other jurisdiction within or without the United States shall be recognized in the
Commonwealth and the rights and obligations of the parties as to matters within the jurisdiction of the Commonwealth shall
be determined as though the decree were issued by a court of the Commonwealth.
Source: PL 8-42, � 17.
� 1416. Change of Name.
The court may fix or change the given name and the family name of an adoptive minor child to the name stipulated by the
adoptive parents or that name which is in the best interest of the child. The court may fix or change the given name and
family name of an adoptive individual who is an adult at the time of the filing of the petition for adoption to the name
stipulated by the adoptive parents or that name which is in the best interest of the adult.
Source: PL 8-42, � 18.
� 1417. New Birth Record.
(a) A certified copy of the decree of adoption, or a certified abstract thereof on a form approved by the clerk of the
Superior Court, after the decree has become effective shall be sent to the Commonwealth Recorder’s office. The
Commonwealth Recorder’s office shall cause to be made a new record of the birth in the name of the individual, as fixed or
changed by the decree, with the names of the adoptive parents.
(b) If a new birth certificate is issued the original birth certificate shall be sealed and filed with the decree or the abstract
thereof, and the sealed package shall be opened only as provided in 8 CMC � 1414.
(c) If the birth of the individual occurred outside the Commonwealth and a record of birth exists, the certified copy of the
decree or the abstract thereof shall be transmitted by the clerk of the Superior Court to the birth registration authorities of
the place of the individual’s birth with a request that those authorities take appropriate action with respect to the record of
the individual’s birth.
Source: PL 8-42, � 19.
� 1418. Relinquishment and Termination of Parent and Child Relationship.
(a) The rights of a parent with reference to a child, including parental right to control the child or to withhold consent to an
adoption, may be relinquished and the relationship of parent and child terminated in or prior to an adoption proceeding as
provided in this section.
(b) All rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption,
may be relinquished and the relationship of parent and child terminated by writing, signed by the parent, regardless of the
age of the parent:
(1) In the presence of a representative of an agency taking custody of the child, whether the agency is within or without the
Commonwealth or in the presence and with the approval of a judge of a court of record within or without the
Commonwealth in which the minor was present or in which the parent resided at the time it was signed, which relinquishment
may be withdrawn within 10 days after it is signed or the child is born, whichever is later, and the relinquishment is invalid
unless it states that the parent has this right of withdrawal; or
(2) In any other situation, if the petitioner has had custody of the minor for two years, but only if notice of the adoption
proceeding had been given to the parent and the court finds, after considering the circumstances of the relinquishment and
the long continued custody by the petitioner, that the best interest of the child requires the granting of the adoption.
(c) In addition to any other proceeding provided by law, the relationship of parent and child may be terminated by a court
order issued in connection with an adoption proceeding under this chapter on any ground provided by other law for
termination of the relationship, and in any event on the ground:
(1) That the minor has been abandoned by the parent;
(2) That by reason of the misconduct, faults, or habits of the parent, the minor is without proper parental care and control,
subsistence, education, or other care or control necessary for his or her physical, mental or emotional health or morals, or,
by reason of physical or mental incapacity, the parent is unable to provide necessary parental care for the minor, and the
court finds that the conditions and causes of the behavior, neglect, or incapacity are irremediable or will not be remedied by
the parent, and that by reason thereof the minor is suffering or probably will suffer serious physical, mental, moral, or
emotional harm; or
(3) That in the case of a parent not having custody of a minor, his consent is being unreasonably withheld contrary to the
best interest of the minor.
(d) For the purpose of a proceeding under this chapter, a decree terminating all rights of a parent with reference to a child or
the relationship of parent and child issued by a court of competent jurisdiction in this or any other state dispenses with the
consent to adoption proceedings of a parent whose rights or parent and child relationship are terminated by the decree and
with any required notice of an adoption proceeding other than as provided in this section.
(e) A petition for termination of the relationship of parent and child made in connection with an adoption proceeding may be
made by:
(1) Either parent if termination of the relationship is sought with respect to the other parent;
(2) The petitioner for adoption, the guardian for the person, the legal custodian of the child, or the individual standing in
parental relationship to the child;
(3) An agency; or
(4) Any other person having a legitimate interest in the matter.
(f) Before the petition is heard, notice of the hearing thereon and opportunity to be heard shall be given the parents of the
child, the guardian of the person of the child, the person having legal custody of the child, and, in the discretion of the court,
a person appointed to represent any party.
(g) Notwithstanding the provisions of subsection (b) of this section, a relinquishment of parental rights with respect to a child,
executed under this section, may be withdrawn by the parent, and a decree of a court terminating the parent and child
relationship under this section may be vacated by the court upon motion of the parent, if the child is not on placement for
adoption and the person having custody of the child consents in writing to the withdrawal or vacation of the decree.
Source: PL 8-42, � 20.
� 1419. Construction of Chapter; Rights of Persons Affected by Adoption.
This chapter shall be liberally construed to the end that the best interests of adopted children are promoted. Due regard shall
be given to the rights of all persons affected by a child’s adoption. Nothing in this chapter shall be construed to impair any
rights or responsibilities created pursuant to customary Chamorro or Carolinian adoption.
Source: PL 8-42, � 21.
� 1420. Illegal Acts.
The following acts shall constitute a felony and shall be punishable by one year imprisonment or a $10,000 fine, or both:
(a) Child Trafficking. For the purposes of this section, a person commits the offense of child trafficking when he or she gives
or receives or offers to give or receive a minor, born or unborn, for adoption in exchange for money or anything of value,
including personal services. Nothing in this section shall be construed to criminalize a payment of reasonable expenses
reportable under 8 CMC � 1409.
(b) Adoption for Pay. For purposes of this section, a person commits the offense of adoption for pay when he or she adopts
another or intentionally induces a person to adopt another in exchange for money or anything of value, including personal
services.
(c) Immigration Fraud. For purposes of this section, a person commits the offense of immigration fraud when he or she
adopts another or intentionally induces a person to adopt another for the purpose gaining immigration benefits by either the
person to be adopted or the person to adopt, under either Commonwealth or United States law.
Source: PL 8-42, � 22.
