HF 156

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; adoption; providing for the 
  1.3             stay of certain paternity proceedings during proposed 
  1.4             adoption of a child; amending Minnesota Statutes 1998, 
  1.5             section 259.49, subdivision 1; proposing coding for 
  1.6             new law in Minnesota Statutes, chapter 257. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [257.625] [STAY OF ADJUDICATION.] 
  1.9      (a) The court shall stay adjudication of an action to 
  1.10  determine the father and child relationship if: 
  1.11     (1) the action is brought by a putative father registered 
  1.12  with the putative father's adoption registry under section 
  1.13  259.52, subdivision 7, within 30 days of receipt of the putative 
  1.14  father's adoption registry notice or within 30 days after the 
  1.15  child's birth, whichever is later; 
  1.16     (2) the court finds evidence sufficient to adjudicate the 
  1.17  putative father's paternity; and 
  1.18     (3) the putative father refuses to consent to the proposed 
  1.19  adoption of the child. 
  1.20     (b) The court shall hold a hearing to determine if it is in 
  1.21  the best interests of the child that paternity be adjudicated.  
  1.22  The putative father has the burden of proving by clear and 
  1.23  convincing evidence that establishing his paternity of the child 
  1.24  is in the child's best interests.  In making this determination 
  1.25  the court shall consider the individualized needs of the child, 
  1.26  including but not limited to, the following factors: 
  2.1      (1) the putative father's willingness to assume custody of 
  2.2   the child and provide proper parental care; 
  2.3      (2) the putative father's history of providing support for 
  2.4   the child's mother during the pregnancy; 
  2.5      (3) the putative father's ability to meet the child's 
  2.6   developmental needs; 
  2.7      (4) the putative father's ability to give the child a home 
  2.8   with the necessities of life; 
  2.9      (5) the putative father's ability to provide a secure and 
  2.10  stable family to care for the child; 
  2.11     (6) the putative father's ability to protect the child from 
  2.12  harm; and 
  2.13     (7) the putative father's ability to provide resources to 
  2.14  allow the child to develop into a good citizen and a healthy, 
  2.15  functioning adult. 
  2.16     (c) If the child has been placed with prospective adoptive 
  2.17  parents, the birth mother and prospective adoptive parents shall 
  2.18  be permitted to intervene and present evidence at the hearing on 
  2.19  the best interests of the child and the suitability of the 
  2.20  prospective adoptive placement. 
  2.21     (d) If the court determines that it is in the best 
  2.22  interests of the child that paternity be adjudicated, the court 
  2.23  may adjudicate paternity and determine custody, visitation, 
  2.24  support, and other matters under chapters 257 and 518, and the 
  2.25  child may not be adopted without the father's consent.  If the 
  2.26  court determines that it is not in the best interests of the 
  2.27  child that paternity be adjudicated, the adoption of the child 
  2.28  may proceed without the putative father's consent. 
  2.29     (e) This section applies only to putative fathers not 
  2.30  entitled to notice and consent under sections 259.24 and 259.49, 
  2.31  subdivision 1, paragraph (a), or (b), clauses (1) to (6). 
  2.32     Sec. 2.  Minnesota Statutes 1998, section 259.49, 
  2.33  subdivision 1, is amended to read: 
  2.34     Subdivision 1.  [TO WHOM GIVEN.] Except as provided in 
  2.35  subdivision 3, and subject to section 259.52, notice of the 
  2.36  hearing upon a petition to adopt a child must be given to:  
  3.1      (a) the guardian, if any, of a child; 
  3.2      (b) the parent of a child if: 
  3.3      (1) the person's name appears on the child's birth 
  3.4   certificate, as a parent; 
  3.5      (2) the person has substantially supported the child; 
  3.6      (3) the person either was married to the person designated 
  3.7   on the birth certificate as the natural mother within the 325 
  3.8   days before the child's birth or married that person within the 
  3.9   ten days after the child's birth; 
  3.10     (4) the person is openly living with the child or the 
  3.11  person designated on the birth certificate as the natural mother 
  3.12  of the child, or both; 
  3.13     (5) the person has been adjudicated the child's parent; 
  3.14     (6) the person has filed a paternity action within 30 days 
  3.15  after the child's birth and the action is still pending; 
  3.16     (7) the person and the mother of the child have signed a 
  3.17  declaration of parentage under section 257.34 before August 1, 
  3.18  1995, which has not been revoked or a recognition of parentage 
  3.19  under section 257.75, which has not been revoked or vacated; or 
  3.20     (8) (7) the person: 
  3.21     (i) is not entitled to notice under clauses (1) to (7) (6); 
  3.22     (ii) has registered with the fathers' adoption registry; 
  3.23     (iii) after receiving a fathers' adoption registry notice, 
  3.24  has timely filed an intent to retain parental rights with entry 
  3.25  of appearance form under section 259.52; and 
  3.26     (iv) within 30 days of receipt of the fathers' adoption 
  3.27  registry notice has initiated a paternity action, unless, for 
  3.28  good cause shown, he is unable to do so within the 30 days; a 
  3.29  paternity action must be initiated by the putative father in 
  3.30  district court; application to the public authority for 
  3.31  paternity establishment services does not constitute initiation 
  3.32  of an action; and 
  3.33     (c) the child's tribe pursuant to section 257.352, 
  3.34  subdivision 3, if the child is an Indian child. 
  3.35     Notice under this section need not be given to a person 
  3.36  listed in this subdivision whose parental rights have been 
  4.1   terminated.  The notice of the hearing may be waived by a 
  4.2   parent, guardian, or other interested party by a writing 
  4.3   executed before two competent witnesses and duly acknowledged.  
  4.4   The waiver must be filed in the adoption proceedings before the 
  4.5   matter is heard.