HF 327

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:35am

A bill for an act
relating to adoption; requiring affidavit regarding disclosure of birth records;
requiring updated nonidentifying medical history; amending Minnesota Statutes
2008, section 259.89, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 259.89, subdivision 2, is amended to read:

Subd. 2.

Search.

Within six months after receiving notice of the request of the
adopted person, the commissioner of human services' agent or a licensed child-placing
agency shall make complete and reasonable efforts to notify each parent identified on the
original birth record of the adopted person. The commissioner, the commissioner's agents,
and licensed child-placing agencies may charge a reasonable fee to the adopted person
for the cost of making a search pursuant to this subdivision. Every licensed child-placing
agency in the state shall cooperate with the commissioner of human services in efforts to
notify an identified parent. All communications under this subdivision are confidential
pursuant to section 13.02, subdivision 3.

For purposes of this subdivision, "notify" means a personal and confidential contact
with the birth parents named on the original birth record of the adopted person. The
contact shall be by an employee or agent of the licensed child-placing agency which
processed the pertinent adoption or some other licensed child-placing agency designated
by the commissioner of human services when it is determined to be reasonable by the
commissioner; otherwise contact shall be by mail or telephone.

new text begin The employee or agent of the licensed child-placing agency shall inform the birth
parent that if the birth parent does not want the information on the original birth record
disclosed, then the birth parent must file an affidavit with the commissioner of health
within 30 days stating that the information on the birth record should not be disclosed. The
employee or agent of the licensed child-placing agency shall also inform the birth parent
of the requirement that the birth parent must complete an updated nonidentifying medical
history form and return it to the child-placing agency within 30 days if information on the
original birth record is not to be disclosed. new text end The contact shall be evidenced by filing with
the commissioner of health an affidavit of notification executed by the person who notified
each parent certifying that each parent was given the following information:

(1) the nature of the information requested by the adopted person;

(2) the date of the request of the adopted person; new text begin and
new text end

(3) the deleted text begin right of deleted text end new text begin requirement that new text end the parent deleted text begin to deleted text end new text begin must new text end file, within 30 days of receipt of
the notice, an affidavit with the commissioner of health stating that the information on the
original birth record should not be disclosed deleted text begin ; deleted text end new text begin .
new text end

( deleted text begin 4) the right of the parent to file a consent to disclosure with the commissioner
of health at any time; and
deleted text end

deleted text begin (5) the effect of a failure of the parent to file either a consent to disclosure or an
affidavit stating that the information on the original birth record should not be disclosed.
deleted text end