2013 North Dakota Century Code Title 14 Domestic Relations and Persons Chapter 14-10 Minors
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CHAPTER 14-10
MINORS
14-10-01. Minors defined.
Minors are persons under eighteen years of age. In this code, unless otherwise specified,
the term "child" means "minor". Age must be calculated from the first minute of the day on which
persons are born to the same minute of the corresponding day completing the period of
minority.
14-10-02. Adults defined.
All persons eighteen years of age and over are adults.
14-10-03. Minor or person of unsound mind liable for wrongs.
A minor or a person of unsound mind of whatever degree is liable civilly for a wrong done by
the minor or person of unsound mind in like manner as any other person.
14-10-04. Minor's rights of action.
A minor may enforce the minor's rights by civil action or other legal proceedings in the same
manner as an adult, except that a guardian ad litem must be appointed to conduct the same.
14-10-05. Assignment of children prohibited - Penalty.
No person, other than the parents, may assume the permanent care and custody of a child,
unless authorized so to do by an order or decree of a court having jurisdiction, except that a
parent, upon giving written notice to the department of human services, may place that person's
own child in the home of the child's grandparent, uncle, or aunt for adoption or guardianship by
the person receiving the child. The child must be considered abandoned if proceedings for the
adoption or guardianship of the child are not initiated by such relative within one year following
the date of notice of placement. No parent may assign or otherwise transfer the parent's rights
or duties with respect to the care and custody of the parent's child. Any such transfer or
assignment, written or otherwise, is void. This section does not affect the right of the parent to
consent in writing to the legal adoption of the parent's child, but such written consent does not
operate to transfer any right in the child in the absence of a decree by a court having
jurisdiction. Any person who violates the provisions of this section is guilty of a class A
misdemeanor.
14-10-06. Unlawful to encourage or contribute to the deprivation or delinquency of
minor - Penalty.
1. Any individual who by any act willfully encourages, causes, or contributes to the
delinquency or deprivation of any minor is guilty of a class A misdemeanor.
2. Any individual who by any act willfully encourages, causes, or contributes to the
deprivation of a child less than sixteen years of age by causing that child to engage in
sexual conduct as defined under section 12.1-27.2-01, in any play, motion picture,
photograph, dance, or other visual representation is guilty of a class C felony.
3. If an individual is convicted of this section for encouraging, causing, or contributing to
the consumption or possession of alcoholic beverages by a minor, the court shall
consider the following in mitigation:
a. After consuming the alcohol, the underage individual was in need of medical
assistance as a result of consuming alcohol; and
b. Within twelve hours after the underage individual consumed the alcohol, the
defendant contacted law enforcement or emergency medical personnel to report
that the underage individual was in need of medical assistance as a result of
consuming alcohol.
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14-10-07. Marriage of minors under supervision of juvenile court may be annulled Penalty.
A minor, while under the supervision or custody of the juvenile court or the superintendent of
the North Dakota youth correctional center, may not marry without the order of the juvenile court
or of the superintendent of the North Dakota youth correctional center, as the case may be. Any
such marriage made without such order is subject to annulment in a proceeding brought in
district court by the state's attorney or by any person authorized by law to bring such annulment
action. A person knowingly aiding, abetting, or encouraging such marriage is guilty of a class A
misdemeanor.
14-10-08. Person to whom child confided substituting other child - Penalty.
Every person to whom an infant has been confided for nursing, education, or any other
purpose, who, with intent to deceive any parent or guardian of such child, substitutes or
produces to such parent or guardian another child in the place of the one so confided, is guilty
of a class C felony.
14-10-09. Minor's disability to delegate power and to contract relating to real property.
A minor cannot give a delegation of power. A person under the age of eighteen may not
make a contract relating to real property or any interest therein or relating to any personal
property not in that person's immediate possession or control.
14-10-10. Contracts of minor.
Unless otherwise provided by the laws of this state, a minor may make any contract other
than contracts specified in section 14-10-09 in the same manner as an adult, subject only to the
minor's power of disaffirmance.
14-10-11. Minor's contracts - Disaffirmation.
In all cases other than those specified in sections 14-10-12 and 14-10-13, the contract of a
minor may be disaffirmed by the minor personally, either before the minor's majority or within
one year's time afterwards, or in case of the minor's death within that period, by the minor's
heirs or personal representatives.
14-10-12. Minor cannot disaffirm contracts for necessaries.
A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things
necessary for the minor's support or that of the minor's family, if such contract is entered into by
the minor when not under the care of a parent, guardian, or conservator able to provide for such
minor or the minor's family.
14-10-13. Minor may not disaffirm statutory contracts.
A minor cannot disaffirm an obligation, otherwise valid, entered into by the minor under the
express authority or direction of a statute.
14-10-14. Undertaking by minors for release on bail.
A minor is capable of entering a binding undertaking for the purpose of securing the minor's
release on bail in the same manner and with the same effect as if the minor were an adult.
14-10-15. Unborn child - When deemed existing person.
A child conceived but not born is to be deemed an existing person so far as may be
necessary for its interests in the event of its subsequent birth.
14-10-16. Identification cards - Application - Misrepresentation of age - Falsifying
cards - Penalty.
Repealed by S.L. 1977, ch. 342, § 2.
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14-10-17. Minors - Treatment for sexually transmitted disease - Drug abuse Alcoholism.
Any person of the age of fourteen years or older may contract for and receive examination,
care, or treatment for sexually transmitted disease, alcoholism, or drug abuse without
permission, authority, or consent of a parent or guardian.
14-10-17.1. Minor's emergency care.
A minor may contract for and receive emergency examination, care, or treatment in a
life-threatening situation without the consent of the minor's parent or guardian. If a minor has an
emergency medical condition or the potential for an emergency medical condition, consent to
emergency examination, care, or treatment of the minor is implied if reasonable steps to contact
the minor's parent or guardian are unsuccessful. This section does not authorize a minor to
withhold consent to emergency examination, care, or treatment.
14-10-18. Blood donations by minors.
Repealed by S.L. 1983, ch. 82, § 154.
14-10-18.1. Blood donation - Minors.
An individual who is at least sixteen years of age may donate blood on a voluntary and
noncompensatory basis without obtaining the consent of the individual's parent or guardian. Any
notification of a medical condition must be mailed to the donor and the donor's parent or
guardian.
14-10-19. Minor's consent for prenatal care and other pregnancy care services.
1. a. A physician or other health care provider may provide pregnancy testing and pain
management related to pregnancy to a minor without the consent of a parent or
guardian.
b. A physician or other health care provider may provide prenatal care to a pregnant
minor in the first trimester of pregnancy or may provide a single prenatal care visit
in the second or third trimester of pregnancy without the consent of a parent or
guardian.
c. A physician or other health care provider may provide prenatal care beyond the
first trimester of pregnancy or in addition to the single prenatal care visit in the
second or third trimester if, after a good-faith effort, the physician or other health
care provider is unable to contact the minor's parent or guardian.
d. The costs incurred by the physician or other health care provider for performing
services under this section may not be submitted to a third-party payer without
the consent of the minor's parent or guardian.
e. This section does not authorize a minor to consent to abortion or otherwise
supersede the requirements of chapter 14-02.1.
2. If a minor requests confidential services pursuant to subsection 1, the physician or
other health care professional shall encourage the minor to involve her parents or
guardian. Notwithstanding subsection 1, a physician or other health care professional
or a health care facility may not be compelled against their best judgment to treat a
minor based on the minor's own consent.
3. A physician or other health care professional who, pursuant to subsection 1, provides
pregnancy care services to a minor may inform the parent or guardian of the minor of
any pregnancy care services given or needed if the physician or other health care
professional discusses with the minor the reasons for informing the parent or guardian
prior to the disclosure and, in the judgment of the physician or other health care
professional:
a. Failure to inform the parent or guardian would seriously jeopardize the health of
the minor or her unborn child;
b. Surgery or hospitalization is needed; or
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c.
Informing the parent or guardian would benefit the health of the minor or her
unborn child.
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