HF 2753

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 records; providing access to 
  1.3             certain records by certain persons; providing for 
  1.4             certain services; changing classification of certain 
  1.5             data; amending Minnesota Statutes 2002, sections 
  1.6             144.218, subdivisions 1, 2; 259.83, subdivisions 1, 3, 
  1.7             by adding a subdivision; 259.89. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 144.218, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [ADOPTION.] Upon receipt of a certified 
  1.12  copy of an order, decree, or certificate of adoption, the state 
  1.13  registrar shall register a replacement vital record in the new 
  1.14  name of the adopted person.  The original record of birth is 
  1.15  confidential pursuant to private data on individuals as defined 
  1.16  in section 13.02, subdivision 3 12, and shall not be disclosed 
  1.17  except pursuant to court order or section 144.2252.  The 
  1.18  information contained on the original birth record, except for 
  1.19  the registration number, shall be provided on request to:  (1) a 
  1.20  parent who is named on the original birth record; and (2) the 
  1.21  adopted person who is the subject of the vital record if that 
  1.22  person is at least 19 years of age.  Upon the receipt of a 
  1.23  certified copy of a court order of annulment of adoption the 
  1.24  state registrar shall restore the original vital record to its 
  1.25  original place in the file. 
  1.26     Sec. 2.  Minnesota Statutes 2002, section 144.218, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [ADOPTION OF FOREIGN PERSONS.] In proceedings for 
  2.3   the adoption of a person who was born in a foreign country, the 
  2.4   court, upon evidence presented by the commissioner of human 
  2.5   services from information secured at the port of entry or upon 
  2.6   evidence from other reliable sources, may make findings of fact 
  2.7   as to the date and place of birth and parentage.  Upon receipt 
  2.8   of certified copies of the court findings and the order or 
  2.9   decree of adoption, a certificate of adoption, or a certified 
  2.10  copy of a decree issued under section 259.60, the state 
  2.11  registrar shall register a birth record in the new name of the 
  2.12  adopted person.  Notwithstanding section 259.61, the certified 
  2.13  copies of the court findings and the order or decree of 
  2.14  adoption, certificate of adoption, or decree issued under 
  2.15  section 259.60 are confidential, pursuant to private data on 
  2.16  individuals as defined in section 13.02, subdivision 3 12, and 
  2.17  shall not be disclosed except pursuant to court order or section 
  2.18  144.2252 or, on request, to the adopted person who is the 
  2.19  subject of the adoption proceeding if that person is at least 19 
  2.20  years of age.  The birth record shall state the place of birth 
  2.21  as specifically as possible and that the vital record is not 
  2.22  evidence of United States citizenship. 
  2.23     Sec. 3.  Minnesota Statutes 2002, section 259.83, 
  2.24  subdivision 1, is amended to read: 
  2.25     Subdivision 1.  [SERVICES PROVIDED.] (a) Agencies shall 
  2.26  provide assistance and counseling services upon receiving a 
  2.27  request for current information from adoptive parents, birth 
  2.28  parents, or adopted persons aged 19 years and over.  The agency 
  2.29  shall contact the other adult persons or the adoptive parents of 
  2.30  a minor child in a personal and confidential manner to determine 
  2.31  whether there is a desire to receive or share information or to 
  2.32  have contact.  If there is such a desire, the agency shall 
  2.33  provide the services requested.  The agency shall, on request, 
  2.34  provide services to adult genetic siblings if there is no known 
  2.35  violation of the confidentiality of a birth parent or if the 
  2.36  birth parent gives written consent.  Adopted persons aged 19 
  3.1   years and over must be advised of any siblings, regardless of 
  3.2   when the adoption took place.  Persons aged 19 and over who, 
  3.3   because of a termination of parental rights were committed to 
  3.4   the guardianship of the commissioner of human services and were 
  3.5   not adopted, must be advised of other siblings who were (1) 
  3.6   adopted, or (2) committed to the guardianship of the 
  3.7   commissioner and not adopted.  The agency shall search for and 
  3.8   offer services to other siblings.  If a sibling was adopted 
  3.9   through another agency, the agencies shall share necessary 
  3.10  information and work together to locate the other sibling and 
  3.11  offer services.  
  3.12     (b) A person aged 19 or over who was adopted from a foreign 
  3.13  country shall, upon request, receive copies from the agency of 
  3.14  all documents and referral information the person's adoptive 
  3.15  parents received from the foreign country at the time of the 
  3.16  adoption.  Birth parent identities must be included consistent 
  3.17  with the current policies of the child's country of origin.  The 
  3.18  agency shall provide information about procedures for contact 
  3.19  with birth parents in the child's country of origin. 
  3.20     Sec. 4.  Minnesota Statutes 2002, section 259.83, 
  3.21  subdivision 3, is amended to read: 
  3.22     Subd. 3.  [IDENTIFYING BIRTH RECORD INFORMATION FROM 
  3.23  AGENCY.] In adoptive placements made on and after August 1, 
  3.24  1982, and before August 1, 2005, the agency responsible for or 
  3.25  supervising the placement shall obtain from the birth parents 
  3.26  named on the original birth record an affidavit attesting to the 
  3.27  following:  
  3.28     (a) that the birth parent has been informed of the right of 
  3.29  the adopted person at the age specified in section 259.89 to 
  3.30  request from the agency the name, last known address, birthdate 
  3.31  and birthplace of the birth parents named on the adopted 
  3.32  person's original birth record; 
  3.33     (b) that each birth parent may file in the agency record an 
  3.34  affidavit objecting to the release of any or all of the 
  3.35  information listed in clause (a) about that birth parent, and 
  3.36  that parent only, to the adopted person; 
  4.1      (c) that if the birth parent does not file an affidavit 
  4.2   objecting to release of information before the adopted person 
  4.3   reaches the age specified in section 259.89, the agency will 
  4.4   provide the adopted person with the information upon request; 
  4.5      (d) that notwithstanding the filing of an affidavit, the 
  4.6   adopted person may petition the court according to section 
  4.7   259.61 for release of identifying information about a birth 
  4.8   parent; 
  4.9      (e) that the birth parent shall then have the opportunity 
  4.10  to present evidence to the court that nondisclosure of 
  4.11  identifying information is of greater benefit to the birth 
  4.12  parent than disclosure to the adopted person; and 
  4.13     (f) that any objection filed by the birth parent shall 
  4.14  become invalid when withdrawn by the birth parent or when the 
  4.15  birth parent dies.  Upon receipt of a death record for the birth 
  4.16  parent, the agency shall release the identifying information to 
  4.17  the adopted person if requested. 
  4.18     Sec. 5.  Minnesota Statutes 2002, section 259.83, is 
  4.19  amended by adding a subdivision to read: 
  4.20     Subd. 3a.  [BIRTH RECORD AND OTHER INFORMATION FROM AGENCY 
  4.21  AND DEPARTMENT OF HEALTH.] In adoptive placements made on and 
  4.22  after August 1, 2005, the agency responsible for or supervising 
  4.23  the placement shall obtain from the birth parents named on the 
  4.24  original birth record an affidavit attesting that the birth 
  4.25  parent has been informed of the following:  
  4.26     (1) the right of the adopted person at the age specified in 
  4.27  section 259.89 to receive a copy of the person's original birth 
  4.28  record from the Department of Health, and to receive from the 
  4.29  agency the last known address of the birth parents and all 
  4.30  available medical and social information under section 259.43; 
  4.31     (2) that each birth parent may state that parent's contact 
  4.32  preference subject to the adopted person's rights under clause 
  4.33  (1).  Contact preference must be direct contact, use of an 
  4.34  intermediary for contact, or no contact at all.  The birth 
  4.35  parent may submit a new contact preference statement and updated 
  4.36  medical and social information any time prior to the birth 
  5.1   parent's death.  The contact preference statement must be filed 
  5.2   with the agency.  The agency shall send a copy to the Department 
  5.3   of Vital Statistics; 
  5.4      (3) that a birth parent who files a preference under clause 
  5.5   (2) for no contact understands that the agency will release the 
  5.6   information in clause (1).  Indicating no contact does not 
  5.7   preclude the adopted person from contacting the birth parent; 
  5.8   and 
  5.9      (4) that if the birth parent does not file a preference 
  5.10  under clause (2) for no contact before the adopted person 
  5.11  reaches the age specified in section 259.89, the agency will 
  5.12  provide the adopted person with the information upon request. 
  5.13     Sec. 6.  Minnesota Statutes 2002, section 259.89, is 
  5.14  amended to read: 
  5.15     259.89 [ACCESS TO ORIGINAL BIRTH RECORD INFORMATION.] 
  5.16     Subdivision 1.  [REQUEST.] In all adoptions granted before 
  5.17  August 1, 2005, an adopted person who is 19 years of age or over 
  5.18  may request the commissioner of health to disclose the 
  5.19  information on the adopted person's original birth record.  The 
  5.20  commissioner of health shall disclose the information contained 
  5.21  on the original birth record unless there is an unrevoked 
  5.22  affidavit of nondisclosure on file with the Department of 
  5.23  Health.  If only one parent has filed an unrevoked affidavit of 
  5.24  nondisclosure, the commissioner of health shall disclose to the 
  5.25  adopted person original birth record information on the other 
  5.26  parent.  If there is an unrevoked affidavit of nondisclosure, 
  5.27  the commissioner of health shall, within five days of receipt of 
  5.28  the request, notify the commissioner of human services in 
  5.29  writing of the request by the adopted person petitioner in 
  5.30  writing of the date of filing of the affidavit of nondisclosure. 
  5.31     Subd. 2.  [SEARCH.] Upon receipt of the commissioner of 
  5.32  health's notice of the date of filing the affidavit of 
  5.33  nondisclosure, the adopted person may request the assistance of 
  5.34  the commissioner of human services in contacting the birth 
  5.35  parent, notifying the birth parent of the adopted person's 
  5.36  request for birth record information, and inquiring if the birth 
  6.1   parent desires to revoke the affidavit of nondisclosure.  Within 
  6.2   six months after receiving notice of the request of the adopted 
  6.3   person, the commissioner of human services shall make complete 
  6.4   and reasonable efforts to notify each parent identified on the 
  6.5   original birth record of the adopted person.  The commissioner, 
  6.6   the commissioner's agents, and licensed child-placing agencies 
  6.7   may charge a reasonable fee to the adopted person for the cost 
  6.8   of making a search pursuant to this subdivision.  Every licensed 
  6.9   child-placing agency in the state shall cooperate with the 
  6.10  commissioner of human services in efforts to notify an 
  6.11  identified parent.  All communications under this subdivision 
  6.12  are confidential pursuant to section 13.02, subdivision 3.  
  6.13     For purposes of this subdivision, "notify" means a personal 
  6.14  and confidential contact with the birth parents named on the 
  6.15  original birth record of the adopted person.  The contact shall 
  6.16  not be by mail and shall be by an employee or agent of the 
  6.17  licensed child-placing agency which processed the pertinent 
  6.18  adoption or some other licensed child-placing agency designated 
  6.19  by the commissioner of human services.  The contact shall be 
  6.20  evidenced by filing with the commissioner of health an affidavit 
  6.21  of notification executed by the person who notified each the 
  6.22  parent certifying that each parent the adopted person was given 
  6.23  the following information: 
  6.24     (a) The nature of the information requested by the adopted 
  6.25  person; 
  6.26     (b) The date of the request of the adopted person; 
  6.27     (c) The right of the parent to file, within 30 days of 
  6.28  receipt of the notice, an affidavit with the commissioner of 
  6.29  health stating that the information on the original birth record 
  6.30  should not be disclosed; 
  6.31     (d) The right of the parent to file a consent to disclosure 
  6.32  with the commissioner of health at any time; and 
  6.33     (e) The effect of a failure of the parent to file either a 
  6.34  consent to disclosure or an affidavit stating that the 
  6.35  information on the original birth record should not be disclosed.
  6.36     (1) the date the birth parent was contacted; 
  7.1      (2) the birth parent's response; and 
  7.2      (3) if the birth parent decided to revoke the affidavit of 
  7.3   nondisclosure, a copy of a signed and dated affidavit of 
  7.4   disclosure.  Upon receipt of the affidavit of disclosure, the 
  7.5   commissioner of health shall release the original birth record 
  7.6   to the adopted person. 
  7.7   If the birth parent does not revoke the affidavit of 
  7.8   nondisclosure, the birth parent must be advised of the right to 
  7.9   file a consent to disclosure with the commissioner of health at 
  7.10  any time.  The agency shall send a copy of the contact to the 
  7.11  Department of Vital Statistics. 
  7.12     Subd. 3.  [FAILURE TO NOTIFY PARENT.] If the commissioner 
  7.13  of human services certifies to the commissioner of health an 
  7.14  inability to notify a parent identified on the original birth 
  7.15  record within six months, and if neither identified parent has 
  7.16  at any time filed an unrevoked consent to disclosure with the 
  7.17  commissioner of health, the information may be disclosed as 
  7.18  follows:  
  7.19     (a) If the person was adopted prior to August 1, 1977, the 
  7.20  person may petition the appropriate court for disclosure of the 
  7.21  original birth record pursuant to section 259.61, and the court 
  7.22  shall grant the petition if, after consideration of the 
  7.23  interests of all known persons involved, the court determines 
  7.24  that disclosure of the information would be of greater benefit 
  7.25  than nondisclosure.  
  7.26     (b) If the person was adopted on or after August 1, 1977, 
  7.27  the commissioner of health shall release the requested 
  7.28  information to the adopted person.  
  7.29     If either parent identified on the birth record has at any 
  7.30  time filed with the commissioner of health an unrevoked 
  7.31  affidavit stating that the information on the original birth 
  7.32  record should not be disclosed, the commissioner of health shall 
  7.33  not disclose the information to the adopted person until the 
  7.34  affidavit is revoked by the filing of a consent to disclosure by 
  7.35  that parent who had filed an affidavit of nondisclosure or 
  7.36  certifies the parent is deceased, the commissioner of health 
  8.1   shall release the original birth record to the adopted person.  
  8.2      Subd. 4.  [RELEASE OF INFORMATION AFTER NOTICE; ADOPTIONS 
  8.3   ON OR AFTER AUGUST 1, 2005.] If, within six months, the 
  8.4   commissioner of human services certifies to the commissioner of 
  8.5   health notification of each parent identified on the original 
  8.6   birth record pursuant to subdivision 2, the commissioner of 
  8.7   health shall disclose the information requested by the adopted 
  8.8   person 31 days after the date of the latest notice to either 
  8.9   parent.  This disclosure will occur if, at any time during the 
  8.10  31 days both of the parents identified on the original birth 
  8.11  record have filed a consent to disclosure with the commissioner 
  8.12  of health and neither consent to disclosure has been revoked by 
  8.13  the subsequent filing by a parent of an affidavit stating that 
  8.14  the information should not be disclosed.  If only one parent has 
  8.15  filed a consent to disclosure and the consent has not been 
  8.16  revoked, the commissioner of health shall disclose, to the 
  8.17  adopted person, original birth record information on the 
  8.18  consenting parent only.  For all adoptions granted on or after 
  8.19  August 1, 2005, the commissioner of health shall, upon request 
  8.20  of an adopted person aged 19 or over, release a copy of the 
  8.21  original birth record pursuant to section 259.83, subdivision 3. 
  8.22     Subd. 5.  [DEATH OF PARENT.] Notwithstanding the provisions 
  8.23  of subdivisions 3 and 4, if a parent named on the original birth 
  8.24  record of an adopted person has died, and at any time prior to 
  8.25  the death the parent has filed an unrevoked affidavit with the 
  8.26  commissioner of health stating that the information on the 
  8.27  original birth record should not be disclosed, the adopted 
  8.28  person may petition the court of original jurisdiction of the 
  8.29  adoption proceeding for disclosure of the original birth record 
  8.30  pursuant to section 259.61.  The court shall grant the petition 
  8.31  if, after consideration of the interests of all known persons 
  8.32  involved, the court determines that disclosure of the 
  8.33  information would be of greater benefit than nondisclosure.  
  8.34     Subd. 6.  [DETERMINATION OF ELIGIBILITY FOR ENROLLMENT OR 
  8.35  MEMBERSHIP IN A FEDERALLY RECOGNIZED AMERICAN INDIAN TRIBE.] The 
  8.36  state registrar shall provide a copy of an adopted person's 
  9.1   original birth record to an authorized representative of a 
  9.2   federally recognized American Indian tribe for the sole purpose 
  9.3   of determining the adopted person's eligibility for enrollment 
  9.4   or membership in the tribe. 
  9.5      Sec. 7.  [EFFECTIVE DATE.] 
  9.6      Sections 1 to 6 are effective August 1, 2005.