A Cass County judge told a Fargo couple they could not adopt children because they are unmarried, court documents say. The couple has been together for 10 years, they live together, and have fostered three children since early 2022. Judge Cherie Clark denied their petition to adopt on October 8th, despite both the Cass County Human Service Zone and the ND Department of Health and Human Services approving the adoption. Clark cited language in the North Dakota Century Code that says a husband and wife may adopt children, as well as an unmarried adult. The law does not explicitly mention unmarried couples. The couple’s lawyer, William Harrie, felt Clark’s ruling was the wrong interpretation of North Dakota law, as North Dakota has a “longstanding practice” of letting unmarried adults jointly adopt children, according to the brief. The couple dismissed the case and went to another Cass County judge who did end up approving the adoption.
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