14-15-05. Persons required to consent to adoption.

1. Unless consent is not required under section 14-15-06, a petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by: a. The mother of the minor whether by birth or adoption; b. The father of the minor, if: (1) The minor is the father's child by adoption, or the father has otherwise legitimated the minor according to the laws of the place in which the adoption proceeding is brought; or (2) The person is presumed to be the biological father of the minor under subsection 1 of section 14-20-10, provided the nonexistence of the father and child relationship between them has not been judicially determined; c. Any individual lawfully entitled to custody of the minor or empowered to consent; d. The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the minor is not empowered to consent to the adoption;

e. The minor, if more than ten years of age, unless the court in the best interest of the minor dispenses with the minor's consent; and f. The spouse of the minor to be adopted.

2. A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse.