HF 3059

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to adoption; modifying provision for notice 
  1.3             to a registered putative father; amending Minnesota 
  1.4             Statutes 2000, section 259.52, subdivisions 9, 10; 
  1.5             Minnesota Statutes 2001 Supplement, section 259.49, 
  1.6             subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.9   259.49, subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [TO WHOM GIVEN.] Except as provided in 
  1.11  subdivision 3, and subject to section 259.52, notice of the 
  1.12  hearing upon a petition to adopt a child must be given to:  
  1.13     (a) the guardian, if any, of a child; 
  1.14     (b) the parent of a child if: 
  1.15     (1) the person's name appears on the child's birth record, 
  1.16  as a parent; 
  1.17     (2) the person has substantially supported the child; 
  1.18     (3) the person either was married to the person designated 
  1.19  on the birth record as the natural mother within the 325 days 
  1.20  before the child's birth or married that person within the ten 
  1.21  days after the child's birth; 
  1.22     (4) the person is openly living with the child or the 
  1.23  person designated on the birth record as the natural mother of 
  1.24  the child, or both; 
  1.25     (5) the person has been adjudicated the child's parent; 
  1.26     (6) the person has filed a paternity action within 30 days 
  2.1   after the child's birth and the action is still pending; 
  2.2      (7) the person and the mother of the child have signed a 
  2.3   declaration of parentage under section 257.34 before August 1, 
  2.4   1995, which has not been revoked or a recognition of parentage 
  2.5   under section 257.75, which has not been revoked or vacated; or 
  2.6      (8) the person: 
  2.7      (i) is not entitled to notice under clauses (1) to (7); 
  2.8      (ii) has registered with the fathers' adoption registry; 
  2.9      (iii) after receiving a fathers' adoption registry notice, 
  2.10  has timely filed an intent to retain parental rights with entry 
  2.11  of appearance form under section 259.52; and 
  2.12     (iv) within 30 days of receipt of the fathers' adoption 
  2.13  registry notice, or within 15 days of receipt of the amended 
  2.14  fathers' adoption registry notice, has initiated a paternity 
  2.15  action, unless, for good cause shown, he is unable to do so 
  2.16  within the 30 days or the additional 15 days, if amended notice 
  2.17  is given; a paternity action must be initiated by the putative 
  2.18  father in district court; application to the public authority 
  2.19  for paternity establishment services does not constitute 
  2.20  initiation of an action; and 
  2.21     (c) the child's tribe pursuant to section 260.761, 
  2.22  subdivision 3, if the child is an Indian child. 
  2.23     Notice under this section need not be given to a person 
  2.24  listed in this subdivision whose parental rights have been 
  2.25  terminated.  The notice of the hearing may be waived by a 
  2.26  parent, guardian, or other interested party by a writing 
  2.27  executed before two competent witnesses and duly acknowledged.  
  2.28  The waiver must be filed in the adoption proceedings before the 
  2.29  matter is heard. 
  2.30     Sec. 2.  Minnesota Statutes 2000, section 259.52, 
  2.31  subdivision 9, is amended to read: 
  2.32     Subd. 9.  [NOTICE AND SERVICE FOR THOSE ON FATHERS' 
  2.33  ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO NOTICE.] Any 
  2.34  time after conception, an interested party, including persons 
  2.35  intending to adopt a child, a child welfare agency with whom the 
  2.36  mother has placed or has given written notice of her intention 
  3.1   to place a child for adoption, the mother of a child, or any 
  3.2   attorney representing an interested party, may serve by 
  3.3   certified mail a notice to registered putative father, an intent 
  3.4   to claim parental rights form, a denial of paternity form, and a 
  3.5   consent to adoption form pursuant to subdivision 11.  These 
  3.6   documents may be served on a putative father in the same manner 
  3.7   as a summons is served in other civil proceedings, or, in lieu 
  3.8   of personal service, service may be made as follows: 
  3.9      (a) The interested party or that party's attorney shall 
  3.10  mail to the putative father, at the address provided to the 
  3.11  registry, the copy of the notice to registered putative father, 
  3.12  the intent to claim parental rights form, the denial of 
  3.13  paternity form, and the consent to adoption form by certified 
  3.14  mail, return receipt requested, and shall provide notice of the 
  3.15  jurisdiction in which the adoption petition will be filed.  If 
  3.16  the jurisdiction in which the adoption petition will be filed is 
  3.17  unknown at the time notice is given to the registered putative 
  3.18  father, or if the jurisdiction changes after notice is given, 
  3.19  the interested party or that party's attorney shall immediately 
  3.20  provide amended notice to the putative father by certified mail 
  3.21  of the jurisdiction in which the adoption petition will be 
  3.22  filed.  The receipt for certified mail must state the name and 
  3.23  address of the addressee and the date of mailing and must be 
  3.24  attached to the original notice and amended notice, if any. 
  3.25     (b) The return receipt, when filed with the court, must be 
  3.26  attached to the original notice to registered putative 
  3.27  father and amended notice, if any, the intent to claim parental 
  3.28  rights form, the denial of paternity form, and the consent to 
  3.29  adoption form and constitutes proof of service. 
  3.30     (c) The court administrator shall note the fact of service 
  3.31  in a permanent record. 
  3.32     Sec. 3.  Minnesota Statutes 2000, section 259.52, 
  3.33  subdivision 10, is amended to read: 
  3.34     Subd. 10.  [RESPONSE TO NOTICE TO REGISTERED PUTATIVE 
  3.35  FATHER; LIMITATION OF RIGHTS FOR FAILURE TO RESPOND AND UPON 
  3.36  FILING OF DENIAL OF PATERNITY.] Within 30 days of receipt of the 
  4.1   notice to registered putative father, the intent to claim 
  4.2   parental rights form, the denial of paternity form, and the 
  4.3   consent to adoption form, the putative father must file a 
  4.4   completed intent to claim parental rights form with the court 
  4.5   administrator in the county in which the adoption petition will 
  4.6   be filed as provided by the petitioner, stating that he intends 
  4.7   to initiate a paternity action within 30 days of receipt of the 
  4.8   notice to registered putative father in order to preserve the 
  4.9   right to maintain an interest in the child and receive notice 
  4.10  during the pending adoption proceeding.  If the jurisdiction in 
  4.11  which the adoption petition will be filed is unknown at the time 
  4.12  notice under subdivision 9 is given to the registered putative 
  4.13  father, or if the jurisdiction changes after the time notice 
  4.14  under subdivision 9 is given, the registered putative father has 
  4.15  15 days from receipt of the amended notice to file a completed 
  4.16  intent to claim parental rights form with the court 
  4.17  administrator in the county in which the adoption will be 
  4.18  filed.  Failure to initiate a paternity action within 30 days of 
  4.19  receipt of the notice to registered putative father, or within 
  4.20  15 days of receipt of the amended notice to the registered 
  4.21  putative father, does not act as a bar to receiving notice under 
  4.22  section 259.49.  If good cause is shown, the putative father 
  4.23  must be allowed more time to initiate the paternity action.  A 
  4.24  putative father who files a completed denial of paternity form 
  4.25  and consent to adoption form or who fails to timely file an 
  4.26  intent to claim parental rights form with the court: 
  4.27     (1) is barred from later bringing or maintaining an action 
  4.28  to assert any interest in the child during the pending adoption 
  4.29  proceeding concerning the child; 
  4.30     (2) is considered to have waived and surrendered a right to 
  4.31  notice of a hearing in any judicial proceeding for adoption of 
  4.32  the child, and consent of that person to the adoption of the 
  4.33  child is not required; and 
  4.34     (3) is considered to have abandoned the child.  
  4.35  Failure to register is prima facie evidence of sufficient 
  4.36  grounds to support termination of the putative father's parental 
  5.1   rights.