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HF 1445

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/26/2007

Current Version - as introduced

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A bill for an act
relating to adoption; providing access to certain adoption records by certain
persons; changing classification of certain data; amending Minnesota Statutes
2006, sections 144.218, subdivision 1; 259.83, subdivision 3, by adding a
subdivision; 259.89.

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

Section 1.

Minnesota Statutes 2006, section 144.218, subdivision 1, is amended to read:


Subdivision 1.

Adoption.

Upon receipt of a certified copy of an order, decree, or
certificate of adoption, the state registrar shall register a replacement vital record in the
new name of the adopted person. The original record of birth is deleted text beginconfidential pursuant todeleted text endnew text begin
private data on individuals as defined in
new text end section 13.02, subdivision deleted text begin3deleted text endnew text begin 12new text end, and shall not be
disclosed except pursuant to court order or section 144.2252. The information contained
on the original birth record, except for the registration number, shall be provided on
request tonew text begin: (1)new text end a parent who is named on the original birth recordnew text begin; and (2) the adopted
person who is the subject of the vital record if that person is at least 19 years of age
new text end. Upon
the receipt of a certified copy of a court order of annulment of adoption the state registrar
shall restore the original vital record to its original place in the file.

Sec. 2.

Minnesota Statutes 2006, section 259.83, subdivision 3, is amended to read:


Subd. 3.

deleted text beginIdentifyingdeleted text endnew text begin Birth recordnew text end informationnew text begin from agencynew text end.

In adoptive
placements made on and after August 1, 1982, new text beginand before January 1, 2008, new text endthe agency
responsible for or supervising the placement shall obtain from the birth parents named on
the original birth record an affidavit attesting to the following:

(a) That the birth parent has been informed of the right of the adopted person at the
age specified in section 259.89 to request from the agency the name, last known address,
birthdate and birthplace of the birth parents named on the adopted person's original birth
record;

(b) That each birth parent may file in the agency record an affidavit objecting to the
release of any or all of the information listed in clause (a) about that birth parent, and that
parent only, to the adopted person;

(c) That if the birth parent does not file an affidavit objecting to release of
information before the adopted person reaches the age specified in section 259.89, the
agency will provide the adopted person with the information upon request;

(d) That notwithstanding the filing of an affidavit, the adopted person may petition
the court according to section 259.61 for release of identifying information about a birth
parent;

(e) That the birth parent shall then have the opportunity to present evidence to the
court that nondisclosure of identifying information is of greater benefit to the birth parent
than disclosure to the adopted person; and

(f) That any objection filed by the birth parent shall become invalid when withdrawn
by the birth parent or when the birth parent dies. Upon receipt of a death record for the
birth parent, the agency shall release the identifying information to the adopted person if
requested.

Sec. 3.

Minnesota Statutes 2006, section 259.83, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Birth record from Department of Health. new text end

new text begin In adoptive placements made
on and after January 1, 2008, the agency responsible for or supervising the placement shall
obtain from the birth parents named on the original birth record an affidavit attesting that
the birth parent has been informed of the following:
new text end

new text begin (1) the right of the adopted person at the age specified in section 259.89 to receive a
copy of the person's original birth record from the Department of Health and to receive
from the agency the name, last known address, birth date, and birth place of each birth
parent named on the person's original birth certificate and all available medical and social
information under section 259.43;
new text end

new text begin (2) that each birth parent may state that parent's contact preference subject to the
adopted person's rights under clause (1). Contact preference may be direct contact, use
of an intermediary for contact, or no contact at all. The birth parent may submit a new
contact preference statement and updated medical and social information any time prior to
the birth parent's death. The contact preference statement shall be filed with the agency;
the agency shall send a copy to the Department of Health, Office of the State Registrar;
new text end

new text begin (3) that a birth parent who files a preference under clause (2) for no contact
understands that the Department of Health will release the information in clause (1).
Indicating no contact does not preclude the adopted person from contacting the birth
parent; and
new text end

new text begin (4) that if the birth parent does not file a preference under clause (2) for no contact
before the adopted person reaches the age specified in section 259.89, the agency will
provide the adopted person with the information upon request.
new text end

Sec. 4.

Minnesota Statutes 2006, section 259.89, is amended to read:


259.89 ACCESS TO ORIGINAL BIRTH RECORD INFORMATION.

Subdivision 1.

Request.

new text beginIn all adoptions granted before August 1,1982, new text endan adopted
person who is 19 years of age or over may request the commissioner of health to disclose
the information on the adopted person's original birth record. The commissioner of health
shallnew text begin disclose the information contained on the original birth record unless there is an
unrevoked affidavit of nondisclosure on file with the Department of Health. If only one
parent has filed an unrevoked affidavit of nondisclosure, the commissioner of health
shall disclose to the adopted person original birth record information on the other parent.
If there is an unrevoked affidavit of nondisclosure, the commissioner of health shall
new text end,
within five days of receipt of the request, notify the deleted text begincommissioner of human services in
writing of the request by the adopted person
deleted text endnew text begin petitioner in writing of the date of filing
of the affidavit of nondisclosure
new text end.

Subd. 2.

Search.

new text begin(a) Upon receipt of the commissioner of health's notice of the date
of filing the affidavit of nondisclosure, the adopted person may request the assistance of
the commissioner of human services in contacting the birth parent, notifying the birth
parent of the adopted person's request for birth record information, and inquiring if the
birth parent desires to revoke the affidavit of nondisclosure.
new text endWithin six months after
receiving notice of the request of the adopted person, the commissioner of human services
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.

new text begin (b) new text endFor 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 not be by mail and 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. The contact
shall be evidenced by deleted text beginfiling with the commissioner of health an affidavit of notification
executed by the person who notified each parent certifying that each parent was given
deleted text endnew text begin
notifying the adopted person of
new text end the following information:

deleted text begin (a) The nature of the information requested by the adopted person;
deleted text end

deleted text begin (b) The date of the request of the adopted person;
deleted text end

deleted text begin (c) The right of the parent to 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 end

deleted text begin (d) 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 (e) 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

new text begin (1) the date the birth parent was contacted; and
new text end

new text begin (2) the birth parent's response.
new text end

new text begin (c) If the birth parent decided to revoke the affidavit of nondisclosure, a copy of a
signed and dated affidavit of disclosure must be filed with the Department of Health,
Office of the State Registrar. Upon receipt of the affidavit of disclosure and a notarized
request from the adopted person, the commissioner of health shall release the original
birth record to the adopted person.
new text end

new text begin (d) If the birth parent does not revoke the affidavit of nondisclosure, the birth parent
must be advised of the right to file a consent to disclosure with the commissioner of
health at any time. The agency shall send a copy of the contact to the Department of
Health, Office of the State Registrar.
new text end

Subd. 3.

Failure to notify parent.

If the commissioner of human services certifies
to the commissioner of health an inability to notify a parent deleted text beginidentified on the original
birth record within six months, and if neither identified parent has at any time filed an
unrevoked consent to disclosure with the commissioner of health, the information may
be disclosed as follows:
deleted text end

deleted text begin (a) If the person was adopted prior to August 1, 1977, the person may petition the
appropriate court for disclosure of the original birth record pursuant to section ,
and the court shall grant the petition if, after consideration of the interests of all known
persons involved, the court determines that disclosure of the information would be of
greater benefit than nondisclosure.
deleted text end

deleted text begin (b) If the person was adopted on or after August 1, 1977, the commissioner of health
shall release the requested information to the adopted person.
deleted text end

deleted text begin If either parent identified on the birth record has at any time filed with the
commissioner of health an unrevoked affidavit stating that the information on the original
birth record should not be disclosed, the commissioner of health shall not disclose the
information to the adopted person until the affidavit is revoked by the filing of a consent
to disclosure by that parent
deleted text endnew text begin who had filed an affidavit of nondisclosure or certifies the
parent is deceased, the commissioner of health shall release the original birth record to
the adopted person
new text end.

Subd. 4.

Release of information deleted text beginafter noticedeleted text endnew text begin; adoptions on or after January
1, 2008
new text end.

deleted text begin If, within six months, the commissioner of human services certifies to the
commissioner of health notification of each parent identified on the original birth record
pursuant to subdivision 2, the commissioner of health shall disclose the information
requested by the adopted person 31 days after the date of the latest notice to either parent.
This disclosure will occur if, at any time during the 31 days both of the parents identified on
the original birth record have filed a consent to disclosure with the commissioner of health
and neither consent to disclosure has been revoked by the subsequent filing by a parent of
an affidavit stating that the information should not be disclosed. If only one parent has filed
a consent to disclosure and the consent has not been revoked, the commissioner of health
shall disclose, to the adopted person, original birth record information on the consenting
parent only.
deleted text end new text begin For all adoptions granted on or after January 1, 2008, the commissioner of
health shall, upon request of an adopted person who is at least 19 years of age, release a
copy of the original birth record pursuant to section 259.83, subdivision 3a.
new text end

deleted text begin Subd. 5. deleted text end

deleted text begin Death of parent. deleted text end

deleted text begin Notwithstanding the provisions of subdivisions 3 and 4,
if a parent named on the original birth record of an adopted person has died, and at any
time prior to the death the parent has filed an unrevoked affidavit with the commissioner of
health stating that the information on the original birth record should not be disclosed, the
adopted person may petition the court of original jurisdiction of the adoption proceeding
for disclosure of the original birth record pursuant to section . The court shall
grant the petition if, after consideration of the interests of all known persons involved,
the court determines that disclosure of the information would be of greater benefit than
nondisclosure.
deleted text end

Subd. 6.

Determination of eligibility for enrollment or membership in a
federally recognized American Indian tribe.

The state registrar shall provide a copy
of an adopted person's original birth record to an authorized representative of a federally
recognized American Indian tribe for the sole purpose of determining the adopted person's
eligibility for enrollment or membership in the tribe.

Sec. 5. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective January 1, 2008.
new text end