SEARCH & DISCLOSURE IN ND

The century code, 14-15 defines the current laws related to seeking out non-identifying information on an adoptee's birth family and the option of seeking birth family out for contact and the possible exchange of identifying information. Genetic parents and genetic siblings also have rights. Contact the licensed child-placing agency who facilitated your adoption, or the ND Department of Human Services for assistance in gathering information on how to obtain information and the search process.

1. To receive non-identifying information call the adoption agency who facilitated your placements.
2. To initiate an identifying search and request contact with birthfamily, call or write to the adoption agency who facilitated your placement. (in either situation, if the adoption agency is unknown, contact the ND Department of Human Services. ) 
3. If initiating an identifying search, it would be helpful if you would compose a non-identifying letter to the person you are searching for:
   • Use your first name to personalize the letter, and take this opportunity to share who you are as a person, what you hope to gain in searching, and your understanding of the emotional nature of the search.
4. The adoption agency will begin a confidential search for your biological family member. If you are an adoptee we can search for your birth mother. If paternity has been established, ND law requires us to also search for the birth father, and obtain consent from both birth parents in order to proceed with contact. If you are a birth parent, we can search for your adult birth child. If you are a genetic sibling, we can search for your adult sibling.
   • The law provides us with a 90 day time period to locate your biological family member(s). We have found there is no typical search, as some are quick locations, within the 90 days, others often take 6 months or longer. You will have the choice after 90 days whether to allow us to continue the search.
5. Once we locate your biological family member(s) we will call you with their response to your search for contact. They have 60 days to decide. This may be extended if needed. They may choose the following options:
   • Direct contact with exchange of full names, addresses, phone, etc. (The agency can assist, if requested, with reunions.)
   • Correspondence through the agency. It is helpful for all sides to move "slowly" into contact with one another. The agency will forward correspondence between parties.
   • Deny all contact. This needs to be in a written form. We will attempt to obtain updated medical information.
   • Deceased. The existence of an Affidavit which closes their file to the release of identifying information, would mean no further searching and no release of information. If there is no Affidavit denying disclosure, the agency will confirm the death and release the full name, date of birth, and date of death as well as attempt to contact surviving relatives to obtain updated medical information.

For further questions, contact your adoption agency or the ND Department of Human Services to assist you through this process.