1. One or more adults may petition the district court of any county in this State for leave to adopt a child. Each prospective adoptive parent and each agreeing parent seeking to retain parental rights must be a joint petitioner and agree to the adoption.
2. Except as otherwise provided in subsection 5, a married person not lawfully separated from a spouse may not adopt a child without the agreement of the spouse, if such spouse is capable of giving such agreement to the adoption.
3. If a spouse agrees to an adoption as described in subsection 2, such agreement does not establish any parental rights or responsibilities on the part of the spouse unless the spouse:
(a) Has, in a writing filed with the court, specifically agreed to:
(1) Adopting the child; and
(2) Establishing parental rights and responsibilities; and
(b) Is named as an adoptive parent in the order of adoption.
4. The court shall not name a spouse who agrees to an adoption as described in subsection 2 as an adoptive parent in an order of adoption unless:
(a) The spouse has filed a writing with the court as described in paragraph (a) of subsection 3; and
(b) The home of the spouse is suitable for the child as determined by a post-placement investigation pursuant to NRS 127C.390 and a home study investigation pursuant to NRS 127C.840.
5. The court may dispense with the requirement for the agreement of a spouse who cannot be located after a diligent search or who is determined by the court to lack the capacity to agree. A spouse for whom the requirement was dispensed pursuant to this subsection must not be named as an adoptive parent in an order of adoption.
6. The court may determine that a child has a legal relationship with more than two persons who petition for the adoption of the child pursuant to this section.