1997 Minnesota Statutes

     259.52 Putative fathers' adoption registry. 

    Subdivision 1.    Establishment of registry; purpose; 
 fees.  (a) The commissioner of health shall establish a 
 putative fathers' adoption registry for the purpose of 
 determining the identity and location of a putative father 
 interested in a minor child who is, or is expected to be, the 
 subject of an adoption proceeding, in order to provide notice of 
 the adoption proceeding to the putative father who is not 
 otherwise entitled to notice under section 259.49, subdivision 
 1, paragraph (a) or (b), clauses (1) to (7).  The commissioner 
 of health may establish informational material and public 
 service announcements necessary to implement this section.  Any 
 limitation on a putative father's right to assert an interest in 
 the child as provided in this section applies only in adoption 
 proceedings and only to those putative fathers not entitled to 
 notice and consent under sections 259.24 and 259.49, subdivision 
 1, paragraph (a) or (b), clauses (1) to (7).  The commissioner 
 of health has no independent obligation to gather or update the 
 information to be maintained on the registry.  It is the 
 registrant's responsibility to update his personal information 
 on the registry.  

    (b) The putative fathers' adoption registry must contain 
 the following information: 

    (1) with respect to the putative father, the: 

    (i) name, including any other names by which the putative 
 father may be known and that he may provide to the registry; 

    (ii) address at which he may be served with notice of a 
 petition under this chapter, including any change of address; 

    (iii) social security number, if known; 

    (iv) date of birth; and 

    (v) if applicable, a certified copy of an order by a court 
 of another state or territory of the United States adjudicating 
 the putative father to be the father of this child; 

    (2) with respect to the mother of the child: 

    (i) name, including all other names known to the putative 
 father by which the mother may be known; 

    (ii) if known to the putative father, her last address; 

    (iii) social security number, if known; and 

    (iv) date of birth; 

    (3) if known to the putative father, the name, gender, 
 place of birth, and date of birth or anticipated date of birth 
 of the child; 

    (4) the date that the commissioner of health received the 
 putative father's registration; and 

    (5) other information the commissioner of health determines 
 by rule to be necessary for the orderly administration of the 
 registry. 

    (c) The commissioner of health shall set reasonable fees 
 for the use of the registry; however, a putative father shall 
 not be charged a fee for registering.  Revenues generated by the 
 fee must be deposited in the state government special revenue 
 fund and appropriated to the commissioner of health to 
 administer the putative fathers' adoption registry. 

    Subd. 2.    Requirement to search registry before adoption 
 petition can be granted; proof of search.  No petition for 
 adoption may be granted unless the agency supervising the 
 adoptive placement, the birth mother of the child, or, in the 
 case of a stepparent or relative adoption, the county agency 
 responsible for the report required under section 259.53, 
 subdivision 1, requests that the commissioner of health search 
 the registry to determine whether a putative father is 
 registered in relation to a child who is or may be the subject 
 of an adoption petition.  The search required by this 
 subdivision must be conducted no sooner than 31 days following 
 the birth of the child.  A search of the registry may be proven 
 by the production of a certified copy of the registration form 
 or by a certified statement of the commissioner of health that 
 after a search no registration of a putative father in relation 
 to a child who is or may be the subject of an adoption petition 
 could be located.  Certification that the putative fathers' 
 adoption registry has been searched must be filed with the court 
 prior to entry of any final order of adoption.  In addition to 
 the search required by this subdivision, the agency supervising 
 the adoptive placement, the birth mother of the child, or, in 
 the case of a stepparent or relative adoption, the county agency 
 responsible for the report under section 259.53, subdivision 1, 
 may request that the commissioner of health search the registry 
 at any time. 

    Subd. 3.    Search of registry for child support 
 enforcement purposes.  A public authority responsible for 
 child support enforcement that is attempting to establish a 
 child support obligation may request that the commissioner of 
 health search the registry to determine whether a putative 
 father is registered in relation to a child who is or may be the 
 subject of a child support obligation.  A search of the registry 
 may be proven by the production of a certified copy of the 
 registration form or by a certified statement of the 
 commissioner of health that after a search, no registration of a 
 putative father in relation to the child could be located.  No 
 fee may be charged to the public authority for use of the 
 registry. 

    Subd. 4.    Classification of registry data.  Data in 
 the putative fathers' adoption registry are private data on 
 individuals, as defined in section 13.02, subdivision 2.  Data 
 in the registry may be released to: 

    (1) a person who is required to search the registry under 
 subdivision 2, if the data relate to the child who is or may be 
 the subject of the adoption petition; or 

    (2) a public authority as provided in subdivision 3. 

    A person who receives data under this subdivision may use 
 the data only for purposes authorized under this section or 
 other law. 

    Subd. 5.    Criminal penalty for registering false 
 information.  A person who knowingly or intentionally 
 registers false information under this section is guilty of a 
 misdemeanor. 

    Subd. 6.    Who may register.  Any putative father may 
 register with the putative fathers' adoption registry.  However, 
 any limitation on a putative father's right to assert an 
 interest in the child as provided in this section applies only 
 in adoption proceedings and only to those putative fathers not 
 entitled to notice and consent under sections 259.24 and 259.49, 
 subdivision 1, paragraph (a) or (b), clauses (1) to (7). 

    Subd. 7.    When and how to register.  A putative father 
 may register with the department of health before the birth of 
 the child but must register no later than 30 days after the 
 birth of the child.  Registrations must be in writing and signed 
 by the putative father. 

    Subd. 8.    Failure to register.  Except for a putative 
 father who is entitled to notice and consent under sections 
 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses 
 (1) to (7), a putative father who fails to timely register with 
 the putative fathers' adoption registry under subdivision 7: 

    (1) is barred thereafter from bringing or maintaining an 
 action to assert any interest in the child during the pending 
 adoption proceeding concerning the child; 

    (2) is considered to have waived and surrendered any right 
 to notice of any hearing in any judicial proceeding for adoption 
 of the child, and consent of that person to the adoption of the 
 child is not required; and 

    (3) is considered to have abandoned the child. 

    Failure to register under subdivision 7 is prima facie 
 evidence of sufficient grounds to support termination of the 
 putative father's parental rights under section 260.221, 
 subdivision 1. 

    A putative father who has not timely registered under 
 subdivision 7 is considered to have timely registered if he 
 proves by clear and convincing evidence that: 

    (i) it was not possible for him to register within the 
 period of time specified in subdivision 7; 

    (ii) his failure to register was through no fault of his 
 own; and 

    (iii) he registered within ten days after it became 
 possible for him to file. 

    A lack of knowledge of the pregnancy or birth is not an 
 acceptable reason for failure to register.  

    Subd. 9.    Notice and service for those on putative 
 fathers' adoption registry who are not otherwise entitled to 
 notice.  Any time after conception, an interested party, 
 including persons intending to adopt a child, a child welfare 
 agency with whom the mother has placed or has given written 
 notice of her intention to place a child for adoption, the 
 mother of a child, or any attorney representing an interested 
 party, may file with the court administrator a written request 
 that the putative fathers on the registry who have registered in 
 relation to the child be served with a putative fathers' 
 adoption registry notice, an intent to claim parental rights 
 with entry of appearance form, and a denial of paternity with 
 entry of appearance and consent to adoption form pursuant to 
 subdivision 11.  These documents may be served on a putative 
 father in the same manner as a summons is served in other civil 
 proceedings, or, in lieu of personal service, service may be 
 made as follows: 

    (a) The person requesting notice shall pay to the court 
 administrator a mailing fee plus the cost of United States 
 postage for certified or registered mail and furnish to the 
 court administrator an original and one copy of the putative 
 fathers' adoption registry notice, the intent to claim parental 
 rights with entry of appearance form, and the denial of 
 paternity with entry of appearance and consent to adoption form 
 together with an affidavit setting forth the putative father's 
 last known address.  The original putative fathers' adoption 
 registry notice, the intent to claim parental rights with entry 
 of appearance form, and the denial of paternity with entry of 
 appearance and consent to adoption form must be retained by the 
 court administrator. 

    (b) The court administrator shall mail to the putative 
 father, at the address appearing in the affidavit, the copy of 
 the putative fathers' adoption registry notice, the intent to 
 claim parental rights with entry of appearance form, and the 
 denial of paternity with entry of appearance and consent to 
 adoption form by certified mail, return receipt requested.  The 
 envelope and return receipt must bear the return address of the 
 court administrator.  The receipt for certified mail must state 
 the name and address of the addressee and the date of mailing 
 and must be attached to the original notice. 

    (c) The return receipt, when returned to the court 
 administrator, must be attached to the original putative 
 fathers' adoption registry notice, the intent to claim parental 
 rights with entry of appearance form, and the denial of 
 paternity with entry of appearance and consent to adoption form 
 and constitutes proof of service. 

    (d) The court administrator shall note the fact of service 
 in a permanent record. 

    Subd. 10.    Response to putative fathers' adoption 
 registry notice; limitation of rights for failure to respond and 
 upon filing of disclaimer of paternity.  Within 30 days of 
 receipt of the putative fathers' adoption registry notice, the 
 intent to claim parental rights with entry of appearance form, 
 and the denial of paternity with entry of appearance and consent 
 to adoption form, the putative father must file a completed 
 intent to claim parental rights with entry of appearance form 
 with the court administrator stating that he intends to initiate 
 a paternity action within 30 days of receipt of the putative 
 fathers' adoption registry notice in order to preserve the right 
 to maintain an interest in the child and receive notice during 
 the pending adoption proceeding.  Failure to initiate a 
 paternity action within 30 days of receipt of the putative 
 fathers' adoption registry notice does not act as a bar to 
 receiving notice under section 259.49.  If good cause is shown, 
 the putative father must be allowed more time to initiate the 
 paternity action.  A putative father who files a completed 
 denial of paternity with entry of appearance and consent to 
 adoption form or who fails to timely file an intent to claim 
 parental rights with entry of appearance form with the court: 

    (1) is barred from later bringing or maintaining an action 
 to assert any interest in the child during the pending adoption 
 proceeding concerning the child; 

    (2) is considered to have waived and surrendered a right to 
 notice of a hearing in any judicial proceeding for adoption of 
 the child, and consent of that person to the adoption of the 
 child is not required; and 

    (3) is considered to have abandoned the child.  

 Failure to register is prima facie evidence of sufficient 
 grounds to support termination of the putative father's parental 
 rights. 

    Subd. 11.    Putative fathers' adoption registry notice; 
 intent to claim parental rights with entry of appearance form; 
 denial of paternity with entry of appearance and consent to 
 adoption form.  (a) The putative father's adoption registry 
 notice sent under subdivision 9 must be substantially as follows:

    "IN THE MATTER OF NOTICE TO .........., REGISTERED PUTATIVE 
 FATHER. 

    You have signed the putative fathers' adoption registry 
 indicating that you are the father of a child born on the 
 .......... day of .........., ...., (or expected to be born on 
 or about the ....... day of .........., ....). 

    The mother of the child is ........... 

    The mother has indicated that she intends to place the 
 child for adoption. 

    As the alleged father of the child by virtue of signing the 
 putative fathers' adoption registry, you have certain legal 
 rights with respect to the child, including the right to notice 
 of the filing of proceedings instituted for the adoption of the 
 child.  If you wish to retain your rights with respect to the 
 child, you must file with the court administrator, Court of 
 .......... County, Minnesota, whose address is .........., 
 Minnesota, within 30 days after the date of receipt of this 
 notice, the enclosed intent to claim parental rights with entry 
 of appearance form stating that you are, in fact, the father of 
 the child and that you intend to retain your legal rights with 
 respect to the child by initiating a paternity action within 30 
 days of receipt of the putative fathers' adoption registry 
 notice. 

    If you do not file an intent to claim parental rights with 
 entry of appearance form or a request for notice, then whatever 
 legal rights you have with respect to the child, including the 
 right to notice of any future proceedings for the adoption of 
 the child, may be terminated without any further notice to you.  
 When your legal rights with respect to the child are so 
 terminated, you will not be entitled to notice of any proceeding 
 instituted for the adoption of the child. 

    If you are not the father of the child, you may file with 
 the court administrator the denial of paternity with entry of 
 appearance and consent to adoption form enclosed herewith and 
 you will receive no further notice with respect to the child." 

    (b) The intent to claim parental rights with entry of 
 appearance form sent under subdivision 9 must be substantially 
 as follows: 

    "INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE

 I, .........., state as follows: 

    (1) That I am ..... years of age; and I reside at 
 .......... in the County of .........., State of ........... 

    (2) That I have been advised that .......... is the mother 
 of a .......... male/female child named .......... born or 
 expected to be born on or about .......... and that such mother 
 has stated that I am the father of this child. 

    (3) I declare that I am the father of this child. 

    (4) I understand that the mother of this child wishes to 
 consent to the adoption of this child.  I do not consent to the 
 adoption of this child, and I understand that I must return this 
 intent to claim parental rights with entry of appearance form to 
 the court administrator of .......... County, located at 
 .........., within 30 days of receipt of this notice. 

    (5) I further understand that I am also obligated to 
 initiate a paternity action under the Parentage Act (Minnesota 
 Statutes, sections 257.51 to 257.74) within 30 days of my 
 receiving the putative fathers' adoption registry notice, or, if 
 the child is not yet born, within 30 days after the birth of the 
 child, unless for good cause shown I am unable to do so.  That 
 proceeding is separate and distinct from the above mailing of 
 intent to claim parental rights with entry of appearance form; 
 in the paternity action, I must state that I am, in fact, the 
 father of said child for one or more of the reasons stated in 
 Minnesota Statutes, section 257.55, subdivision 1, and that I 
 intend to retain my legal rights with respect to said child, and 
 request to be notified of any further proceedings with respect 
 to custody or adoption of the child. 

    (6) I hereby enter my appearance in the above entitled 
 cause. 

                               OATH

    I have been duly sworn and I say under oath that I have 
 read and understand this intent to claim parental rights with 
 entry of appearance form.  The facts that it contains are true 
 and correct to the best of my knowledge, and I understand that 
 by signing this document I admit my paternity.  I have signed 
 this document as my free and voluntary act. 

                                    ...........
                                    (Signature)

 Dated this .......... day of .........., ..... 

 Signed and Sworn Before Me This ....... day of .........., ..... 

                                    ...........
                                    (notary public)"

    (c) The denial of paternity with entry of appearance and 
 consent to adoption form sent under subdivision 9 must be 
 substantially as follows: 

        "DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND

                       CONSENT TO ADOPTION

 I, .........., state as follows: 

    (1) That I am ..... years of age; and I reside at 
 .......... in the County of .........., State of ........... 

    (2) That I have been advised that .......... is the mother 
 of a .......... male/female child named .......... born or 
 expected to be born on or about .......... and that I have 
 registered with the putative fathers' adoption registry stating 
 that I am the father of this child. 

    (3) I now deny that I am the father of this child.  My 
 denial at this time will not subject me to any criminal 
 liability. 

    (4) I further understand that the mother of this child 
 wishes to consent to the adoption of the child.  I hereby 
 consent to the adoption of this child, and waive any rights, 
 remedies, and defenses that I may have now or in the future.  
 This consent is being given in order to facilitate the adoption 
 of the child and so that the court may terminate what rights I 
 may have to the child.  This consent is not in any manner an 
 admission of paternity. 

    (5) I hereby enter my appearance in the above entitled 
 cause and waive service of summons and other pleading. 

                               OATH

    I have been duly sworn and I say under oath that I have 
 read and understood this denial of paternity with entry of 
 appearance and consent to adoption.  The facts it contains are 
 true and correct to the best of my knowledge, and I understand 
 that by signing this document I have not admitted paternity.  I 
 have signed this document as my free and voluntary act in order 
 to facilitate the adoption of the child. 

                                    ...........
                                    (Signature)

 Dated this .......... day of .........., ..... 

 Signed and Sworn Before Me This ....... day of .........., ..... 

                                    ...........
                                    (notary public)"

    [The names of adoptive parents must not be included in 
 the notice.] 

    Subd. 12.    Right to counsel at public expense.  Upon 
 proof of indigency, a putative father who has registered with 
 the fathers' adoption registry, has received a putative fathers' 
 adoption registry notice, and has timely filed an intent to 
 claim paternal rights with entry of appearance form with the 
 court administrator, must have counsel appointed at public 
 expense. 

    Subd. 13.    Applicability of Indian Child Welfare Act.  
 In an action involving an American Indian child, sections 257.35 
 to 257.3579, and the Indian Child Welfare Act, United States 
 Code, title 25, sections 1901 to 1923, control to the extent 
 that the provisions of this section are inconsistent with those 
 laws.  The public acts, records, and judicial proceedings of any 
 Indian tribe that provide an acknowledgment of paternity or that 
 establish paternity pursuant to tribal law or custom shall be 
 given full faith and credit as provided in United States Code, 
 title 25, section 1911(d).  Nothing in this section defeats the 
 right of an Indian father who has acknowledged or established 
 his paternity pursuant to tribal law or custom to commence a 
 paternity proceeding, except that no father may file a paternity 
 proceeding after the entry of a final decree of adoption. 

    Subd. 14.    Fees for putative fathers' adoption registry. 
  The district court administrator in every judicial district 
 shall, in addition to any other filing fees, assess a $75 
 adoption filing fee surcharge on each adoption petition filed in 
 the district court for the purpose of implementing and 
 maintaining the putative fathers' adoption registry.  The court 
 administrator shall forward fees collected under this 
 subdivision to the commissioner of finance for deposit into the 
 state government special revenue fund to be appropriated to the 
 commissioner of health to administer the putative fathers' 
 adoption registry established under this section. 

    HIST: 1997 c 218 s 9