Court Bars Unmarried Couples From Joint Adoption
North Dakota's Supreme Court ruled that state law allows only one unmarried adult to adopt a child at a time.
Updated on Nov. 8, 2026 in Law
The North Dakota Supreme Court ruled on November 6, 2026, that unmarried couples cannot jointly adopt a child under state law. The case was returned to the McKenzie County District Court to be handled in line with the ruling.
Why it matters
The decision means unmarried partners in North Dakota cannot pursue a joint adoption, leaving individual adoption as the only route for an unmarried adult. Under the ruling, the court said the legislature, not the judiciary, determines who may adopt.
The ruling interprets Section 14-15-03 of the North Dakota Century Code as applying to one unmarried adult, and the court noted the absence of the word 'together' supports that reading. The source does not indicate how many similar cases are pending statewide.
The players
North Dakota Supreme Court
The state's highest court, led by Chief Justice Lisa Fair McEvers, issued the ruling interpreting the state's adoption statute.
McKenzie County District Court
The local trial court that referred the legal question to the state Supreme Court and will now handle the case under the ruling.
The details
The case came to the Supreme Court as a legal question from the McKenzie County District Court, involving a couple identified as D.W. and A.D. who have lived together since 2007. A.D. is the child's maternal grandmother, and both biological parents signed documents agreeing to give up parental rights before the child, identified as T.J.W.-H., lived with the couple until age three.
Timeline
1969: The Uniform Adoption Act, on which North Dakota's adoption laws are based, allowed joint adoption only for married couples.
2007: D.W. and A.D. began living together.
November 6, 2026: The North Dakota Supreme Court issued its ruling.
Legal Context
The ruling rests on the 1969 Uniform Adoption Act, which permitted joint adoption only for married couples and was the model for North Dakota's statute. Wyoming has changed its law to allow unmarried joint adoption, while courts in Maine, Louisiana and Wisconsin have rejected similar claims.
Unmarried couples in North Dakota who wish to adopt can no longer apply jointly, and either partner may apply individually as a single unmarried adult. The change affects adoptive families and the process courts use to place children in their care.
The takeaway
Adoption eligibility in North Dakota is set by the legislature, and until lawmakers act, the state's highest court has defined joint adoption as limited to married couples. Readers with a stake in adoption law can track future legislative sessions for any change to the statute.
Further reading
For related rulings on family and property statutes, see the Law section.
Source note: This article includes information reported by The Times of India.
