HF 2016

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to adoption; providing for release of birth 
  1.3             information to adopted persons; amending Minnesota 
  1.4             Statutes 1994, section 259.89, subdivisions 1, 4, 5, 
  1.5             and by adding a subdivision; proposing coding for new 
  1.6             law in Minnesota Statutes, chapter 259; repealing 
  1.7             Minnesota Statutes 1994, section 259.89, subdivisions 
  1.8             2 and 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 259.89, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [REQUEST.] An adopted person who is 19 
  1.13  years of age or over may request the commissioner of health to 
  1.14  disclose the information on or release a photocopy of the 
  1.15  adopted person's original birth certificate.  The commissioner 
  1.16  of health shall, within five days of receipt of the request, 
  1.17  notify the commissioner of human services in writing of the 
  1.18  request by the adopted person, a copy of the consent to 
  1.19  disclosure filed by the parent, or the affidavit of disclosure 
  1.20  regarding the birth father's address. 
  1.21     Sec. 2.  Minnesota Statutes 1994, section 259.89, is 
  1.22  amended by adding a subdivision to read: 
  1.23     Subd. 1a.  [AFFIDAVIT OBJECTING TO THE RELEASE OF 
  1.24  INFORMATION.] A parent identified on the original birth 
  1.25  certificate may file with the commissioner of health an 
  1.26  affidavit objecting to the release of information regarding the 
  1.27  parent's identity.  If one parent identified on the original 
  2.1   birth certificate has filed an unrevoked affidavit objecting to 
  2.2   the release of information, the commissioner of health shall not 
  2.3   release to the adopted person original birth certificate 
  2.4   information on that parent. 
  2.5      Notwithstanding the filing of an affidavit objecting to the 
  2.6   release of information, the adopted person may petition the 
  2.7   court pursuant to section 259.61 for a release of identifying 
  2.8   information about a birth parent. 
  2.9      A parent identified on the original birth certificate may 
  2.10  revoke the affidavit objecting to the release of information at 
  2.11  any time by filing with the commissioner of health a consent to 
  2.12  disclosure. 
  2.13     Sec. 3.  Minnesota Statutes 1994, section 259.89, 
  2.14  subdivision 4, is amended to read: 
  2.15     Subd. 4.  [RELEASE OF INFORMATION AFTER NOTICE.] If, within 
  2.16  six months, the commissioner of human services certifies to the 
  2.17  commissioner of health notification of each parent identified on 
  2.18  the original birth certificate pursuant to subdivision 2, the 
  2.19  commissioner of health shall disclose the information requested 
  2.20  by the adopted person 31 days after the date of the latest 
  2.21  notice to either parent.  This disclosure will occur if, at any 
  2.22  time during the 31 days both of the parents identified on the 
  2.23  original birth certificate have filed a consent to disclosure 
  2.24  with the commissioner of health and neither consent to 
  2.25  disclosure has been revoked by the subsequent filing by a parent 
  2.26  of an affidavit stating that the information should not be 
  2.27  disclosed.  If only one parent has filed a consent to disclosure 
  2.28  and the consent has not been revoked, the commissioner of health 
  2.29  shall disclose, to the adopted person, original birth 
  2.30  certificate information on the consenting parent only. (a) The 
  2.31  commissioner of health shall release a copy of the original 
  2.32  birth certificate to the adopted person unless a birth parent 
  2.33  has filed an affidavit objecting to the release of information.  
  2.34  If one parent has filed an unrevoked affidavit objecting to the 
  2.35  release of information under subdivision 1a, the commissioner 
  2.36  shall release to the adopted person only original birth 
  3.1   certificate information about the other parent. 
  3.2      (b) When releasing a birth certificate or the information 
  3.3   on it pursuant to this subdivision, the commissioner of health 
  3.4   shall include copies of any materials described in this 
  3.5   paragraph.  The commissioner of human services shall prepare and 
  3.6   provide to the commissioner of health for distribution under 
  3.7   this paragraph: 
  3.8      (i) a summary sheet of key issues that may affect the 
  3.9   reunification of adopted persons and birth parents; and 
  3.10     (ii) a list of agencies or individuals who provide 
  3.11  intermediary services for the reunification of adopted persons 
  3.12  and birth parents.  The agencies and individuals on the list 
  3.13  shall consist of those who notify the commissioner of human 
  3.14  services that they wish to be included on the list.  The 
  3.15  commissioner of human services shall update the list annually. 
  3.16     Sec. 4.  Minnesota Statutes 1994, section 259.89, 
  3.17  subdivision 5, is amended to read: 
  3.18     Subd. 5.  [DEATH OF PARENT.] Notwithstanding the provisions 
  3.19  of subdivisions 3 and 4, If a parent named on the original birth 
  3.20  certificate of an adopted person has died, and at any time the 
  3.21  commissioner of health shall disclose the information on the 
  3.22  original birth certificate as requested by the adopted person, 
  3.23  notwithstanding that prior to the death the parent has filed an 
  3.24  unrevoked affidavit with the commissioner of health stating that 
  3.25  the information on the original birth certificate should not be 
  3.26  disclosed, the adopted person may petition the court of original 
  3.27  jurisdiction of the adoption proceeding for disclosure of the 
  3.28  original birth certificate pursuant to section 259.61.  The 
  3.29  court shall grant the petition if, after consideration of the 
  3.30  interests of all known persons involved, the court determines 
  3.31  that disclosure of the information would be of greater benefit 
  3.32  than nondisclosure.  The commissioner of health is not required 
  3.33  to search outside this state for proof of any death that may 
  3.34  have occurred outside this state. 
  3.35     Sec. 5.  [259.90] [NOTICE TO PUBLIC.] 
  3.36     The commissioner of health shall inform all agencies of the 
  4.1   provisions of this act.  Agencies shall notify their clients of 
  4.2   the provisions of this act as contacts are made with them.  
  4.3      Sec. 6.  [REPEALER.] 
  4.4      Minnesota Statutes 1994, section 259.89, subdivisions 2 and 
  4.5   3, are repealed. 
  4.6      Sec. 7.  [EFFECTIVE DATE.] 
  4.7      Sections 1 to 4 and 6 are effective August 1, 1995.  
  4.8   Section 5 is effective the day following final enactment.