HF 378

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to adoption; requiring a registered putative 
  1.3             father to serve notice of a paternity action on an 
  1.4             interested party; amending Minnesota Statutes 2002, 
  1.5             section 259.52, subdivision 10. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 259.52, 
  1.8   subdivision 10, is amended to read: 
  1.9      Subd. 10.  [RESPONSE TO NOTICE TO REGISTERED PUTATIVE 
  1.10  FATHER; LIMITATION OF RIGHTS FOR FAILURE TO RESPOND AND UPON 
  1.11  FILING OF DENIAL OF PATERNITY.] Within 30 days of receipt of the 
  1.12  notice to registered putative father, the intent to claim 
  1.13  parental rights form, the denial of paternity form, and the 
  1.14  consent to adoption form, the putative father must file a 
  1.15  completed intent to claim parental rights form with the court 
  1.16  administrator in the county in which the adoption petition will 
  1.17  be filed as provided by the petitioner, stating that he intends 
  1.18  to initiate a paternity action within 30 days of receipt of the 
  1.19  notice to registered putative father in order to preserve the 
  1.20  right to maintain an interest in the child and receive notice 
  1.21  during the pending adoption proceeding.  The registered putative 
  1.22  father must serve notice of the paternity action on the 
  1.23  interested party who notified him of the adoption proceeding 
  1.24  under subdivision 9.  Failure to initiate a paternity action 
  1.25  within 30 days of receipt of the notice to registered putative 
  2.1   father does not act as a bar to receiving notice under section 
  2.2   259.49.  If good cause is shown, the putative father must be 
  2.3   allowed more time to initiate the paternity action.  No adoption 
  2.4   may be finalized until the paternity action timely noticed is 
  2.5   completed.  A putative father who files a completed denial of 
  2.6   paternity form and consent to adoption form or who fails to 
  2.7   timely file an intent to claim parental rights form with the 
  2.8   court: 
  2.9      (1) is barred from later bringing or maintaining an action 
  2.10  to assert any interest in the child during the pending adoption 
  2.11  proceeding concerning the child; 
  2.12     (2) is considered to have waived and surrendered a right to 
  2.13  notice of a hearing in any judicial proceeding for adoption of 
  2.14  the child, and consent of that person to the adoption of the 
  2.15  child is not required; and 
  2.16     (3) is considered to have abandoned the child.  
  2.17  Failure to register is prima facie evidence of sufficient 
  2.18  grounds to support termination of the putative father's parental 
  2.19  rights.