Petition - Who may prepare and file
N.D. Cent. Code § 27-20.6-04
in effect27-20.6-04. Petition - Who may prepare and file
A petition for re-establishment of the legal parent and child relationship may be filed by any
interested party from the original termination of parental rights proceeding if:
1. The state's attorney receives a copy of the petition and the responsible custodian and
the state's attorney agree re-establishment of the legal parent and child relationship is
in the child's best interests;
2. The genetic parent is willing and has the capability to provide day-to-day care and
maintain the health, safety, and welfare of the child;
3. At least twelve months have elapsed following a final order terminating parental rights
and the child remains in foster care;
4. There is no pending litigation or appeal pertaining to the original termination of
parental rights proceeding;
5. The child has not been adopted; and
6. The child is not the subject of a written adoption placement agreement between the
responsible custodian and the prospective adoptive parent.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t27c20-6.pdf#nameddest=27-20p6-04Fetched: 10/16/2026