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, 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 the spouse has filed a writing with the court as described in paragraph (a) of subsection 3.
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 waive the hearing on the petition.
7. 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.