North Dakota court bars unmarried couples from jointly adopting children, despite parental consent

Unmarried couples cannot legally adopt a child together under North Dakota law, the state's Supreme Court has ruled. The decision blocks a joint adoption request by a grandmother and her partner, who have cared for her grandson since he was four months old. The ruling was issued on Friday, 6 November 2026. It answered a legal question sent to the Supreme Court by the McKenzie County District Court about the state's adoption laws.

The case involved an unmarried couple, identified in court records as D.W. and A.D., who have lived together since 2007. A.D. is the child's maternal grandmother.

The boy, identified as T.J.W.-H., was left in her care by his mother when he was four months old. Both of his biological parents later signed documents agreeing to give up their parental rights and allow the adoption to take place.