HF 1679

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to adoption; modifying provisions governing access to adoption records
and original birth certificates; amending Minnesota Statutes 2008, sections
13.465, subdivision 8; 144.218, subdivision 1; 144.225, subdivision 2; 144.2252;
144.226, subdivision 1; 259.89, subdivision 1; 260C.317, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapter 144; repealing
Minnesota Statutes 2008, sections 259.83, subdivision 3; 259.89, subdivisions 2,
3, 4.

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

Section 1.

Minnesota Statutes 2008, section 13.465, subdivision 8, is amended to read:

Subd. 8.

Adoption records.

Various adoption records are classified under section
259.53, subdivision 1. Access to the original birth record of a person who has been
adopted is governed by section deleted text begin 259.89 deleted text end new text begin 144.2253 new text end .

Sec. 2.

Minnesota Statutes 2008, section 144.218, subdivision 1, is amended to read:

Subdivision 1.

Adoption.

new text begin (a) new text end 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. new text begin Except as provided in paragraph (b), new text end the original
record of birth is deleted text begin confidential pursuant to deleted text end new text begin private data on individuals, as defined in new text end section
13.02, subdivision deleted text begin 3 deleted text end new text begin 12 new text end , and shall not be disclosed except pursuant to court order or
section 144.2252 new text begin or 144.2253 new text end .

new text begin (b) new text end The information contained on the original birth record, except for the registration
number, shall be provided on request to new text begin : (1) new text end a parent who is named on the original birth
record new text begin ; or (2) the adopted person who is the subject of the record if the person is at least
19 years of age, unless there is an affidavit of nondisclosure on file with the state registrar 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. 3.

Minnesota Statutes 2008, section 144.225, subdivision 2, is amended to read:

Subd. 2.

Data about births.

(a) Except as otherwise provided in this subdivision,
data pertaining to the birth of a child to a woman who was not married to the child's father
when the child was conceived nor when the child was born, including the original record
of birth and the certified vital record, are confidential data. At the time of the birth of a
child to a woman who was not married to the child's father when the child was conceived
nor when the child was born, the mother may designate demographic data pertaining to
the birth as public. Notwithstanding the designation of the data as confidential, it may
be disclosed:

(1) to a parent or guardian of the child;

(2) to the child when the child is 16 years of age or older;

(3) under paragraph (b) or (e); or

(4) pursuant to a court order. For purposes of this section, a subpoena does not
constitute a court order.

(b) Unless the child is adopted, data pertaining to the birth of a child that are not
accessible to the public become public data if 100 years have elapsed since the birth of
the child who is the subject of the data, or as provided under section 13.10, whichever
occurs first.

(c) If a child is adopted, data pertaining to the child's birth are governed by the
provisions relating to adoption records, including sections 13.10, subdivision 5; 144.218,
subdivision 1; 144.2252; new text begin 144.2253; new text end and 259.89.

(d) The name and address of a mother under paragraph (a) and the child's date of
birth may be disclosed to the county social services or public health member of a family
services collaborative for purposes of providing services under section 124D.23.

(e) The commissioner of human services shall have access to birth records for:

(1) the purposes of administering medical assistance, general assistance medical
care, and the MinnesotaCare program;

(2) child support enforcement purposes; and

(3) other public health purposes as determined by the commissioner of health.

Sec. 4.

Minnesota Statutes 2008, section 144.2252, is amended to read:

144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION.

(a) Whenever an adopted person requests the state registrar to disclose the
information on the adopted person's original birth record, the state registrar shall act
according to section deleted text begin 259.89 deleted text end new text begin 144.2253 new text end .

(b) The state registrar shall provide a transcript 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. Information contained in the birth record may not be used to provide the
adopted person information about the person's birth parents, except as provided in this
section or section deleted text begin 259.83 deleted text end new text begin 144.2253 new text end .

Sec. 5.

new text begin [144.2253] ACCESS TO ORIGINAL BIRTH RECORDS BY ADOPTED
PERSON; DEPARTMENT DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Affidavits. new text end

new text begin The department shall prepare affidavit of disclosure and
nondisclosure forms under which a birth parent may agree to or object to the release of the
original birth record to the adopted person. The department shall make the forms readily
accessible to birth parents on the department's Web site.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure. new text end

new text begin Upon request, the state registrar shall provide a noncertified
copy of the original birth record to an adopted person age 19 or older, unless there is
an affidavit of nondisclosure on file. The state registrar must comply with the terms of
affidavits of disclosure or affidavits of nondisclosure.
new text end

new text begin Subd. 3. new text end

new text begin Rescission of affidavit. new text end

new text begin A birth parent may rescind an affidavit of
disclosure or an affidavit of nondisclosure at any time.
new text end

new text begin Subd. 4. new text end

new text begin Affidavit of nondisclosure; access to birth record. new text end

new text begin If an affidavit of
nondisclosure is on file with the registrar, an adopted person age 19 or older may petition
the appropriate court for disclosure of the original birth record pursuant to section 259.61.
The court shall grant the petition if, after consideration of the interests of all known
persons affected by the petition, the court determines that the benefits of disclosure of the
information are greater than the benefits of nondisclosure.
new text end

new text begin Subd. 5. new text end

new text begin Information provided. new text end

new text begin (a) The department shall, in consultation with
adoption agencies and adoption advocates, provide information and educational materials
to adopted persons and birth parents about the changes in the law under this act affecting
accessibility to birth records. For purposes of this subdivision, an adoption advocate is a
nonprofit organization that works with adoption issues in Minnesota.
new text end

new text begin (b) The department shall include a notice on the department Web site about the
change in the law under this act and direct individuals to private agencies and advocates
for post-adoption resources.
new text end

new text begin (c) Adoption agencies may charge a fee for counseling and support services provided
to adopted persons and birth parents.
new text end

Sec. 6.

Minnesota Statutes 2008, section 144.226, subdivision 1, is amended to read:

Subdivision 1.

Which services are for fee.

The fees for the following services shall
be the following or an amount prescribed by rule of the commissioner:

(a) The fee for the issuance of a certified vital record or a certification that the vital
record cannot be found is $9. No fee shall be charged for a certified birth, stillbirth, or
death record that is reissued within one year of the original issue, if an amendment is
made to the vital record and if the previously issued vital record is surrendered. The
fee is nonrefundable.

(b) The fee for processing a request for the replacement of a birth record for
all events, except when filing a recognition of parentage pursuant to section 257.73,
subdivision 1, is $40. The fee is payable at the time of application and is nonrefundable.

(c) The fee for processing a request for the filing of a delayed registration of
birth, stillbirth, or death is $40. The fee is payable at the time of application and is
nonrefundable. This fee includes one subsequent review of the request if the request
is not acceptable upon the initial receipt.

(d) The fee for processing a request for the amendment of any vital record when
requested more than 45 days after the filing of the vital record is $40. No fee shall be
charged for an amendment requested within 45 days after the filing of the vital record.
The fee is payable at the time of application and is nonrefundable. This fee includes one
subsequent review of the request if the request is not acceptable upon the initial receipt.

(e) The fee for processing a request for the verification of information from vital
records is $9 when the applicant furnishes the specific information to locate the vital
record. When the applicant does not furnish specific information, the fee is $20 per hour
for staff time expended. Specific information includes the correct date of the event and
the correct name of the registrant. Fees charged shall approximate the costs incurred in
searching and copying the vital records. The fee is payable at the time of application
and is nonrefundable.

(f) The fee for processing a request for the issuance of a copy of any document on
file pertaining to a vital record or statement that a related document cannot be found is $9.
The fee is payable at the time of application and is nonrefundable.

new text begin (g) The department shall charge a fee of $18 for noncertified copies of birth records
provided to adopted persons age 19 or older to cover the cost of providing the birth record
and any costs associated with the distribution of information to adopted persons and birth
parents required under section 144.2253, subdivision 5.
new text end

Sec. 7.

Minnesota Statutes 2008, section 259.89, subdivision 1, is amended to read:

Subdivision 1.

Request.

An 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. deleted text begin The commissioner of health shall, within five days of receipt of
the request, notify the commissioner of human services' agent or licensed child-placing
agency when known, or the commissioner of human services when the agency is not
known in writing of the request by the adopted person.
deleted text end

Sec. 8.

Minnesota Statutes 2008, section 260C.317, subdivision 4, is amended to read:

Subd. 4.

Rights of terminated parent.

Upon entry of an order terminating the
parental rights of any person who is identified as a parent on the original birth record of
the child as to whom the parental rights are terminated, the court shall cause written
notice to be made to that person setting forth:

(1) the right of the person to file at any time with the state registrar of vital statistics
a consent to disclosure, as defined in section 144.212, subdivision 11;

(2) the right of the person to file at any time with the state registrar of vital statistics
an affidavit stating that the information on the original birth record shall not be disclosed
as provided in section deleted text begin 144.2252 deleted text end new text begin 144.2253 new text end ; and

(3) the effect of a failure to file either a consent to disclosure, as defined in section
144.212, subdivision 11, or an affidavit stating that the information on the original birth
record shall not be disclosed.

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 259.83, subdivision 3; and 259.89, subdivisions
2, 3, and 4, new text end new text begin are repealed.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective August 1, 2010.
new text end