as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 01/22/1998 |
1.1 A bill for an act 1.2 relating to family law; changing provisions of the 1.3 putative fathers' registry law; amending Minnesota 1.4 Statutes 1997 Supplement, section 259.52, subdivisions 1.5 9, 10, 11, 12, and by adding a subdivision. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1997 Supplement, section 1.8 259.52, subdivision 9, is amended to read: 1.9 Subd. 9. [NOTICE AND SERVICE FOR THOSE ON PUTATIVE 1.10 FATHERS' ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO 1.11 NOTICE.] Any time after conception, an interested party, 1.12 including persons intending to adopt a child, a child welfare 1.13 agency with whom the mother has placed or has given written 1.14 notice of her intention to place a child for adoption, the 1.15 mother of a child, or any attorney representing an interested 1.16 party, mayfile with the court administrator a written request1.17that the putative fathers on the registry who have registered in1.18relation to the child be served withserve by certified mail a 1.19putative fathers' adoption registrynotice to registered 1.20 putative father, an intent to claim parental rightswith entry1.21of appearanceform,anda denial of paternitywith entry of1.22appearanceform, and a consent to adoption form pursuant to 1.23 subdivision 11. These documents may be served on a putative 1.24 father in the same manner as a summons is served in other civil 1.25 proceedings, or, in lieu of personal service, service may be 2.1 made as follows: 2.2 (a)The person requesting notice shall pay to the court2.3administrator a mailing fee plus the cost of United States2.4postage for certified or registered mail and furnish to the2.5court administrator an original and one copy of the putative2.6fathers' adoption registry notice, the intent to claim parental2.7rights with entry of appearance form, and the denial of2.8paternity with entry of appearance and consent to adoption form2.9together with an affidavit setting forth the putative father's2.10last known address. The original putative fathers' adoption2.11registry notice, the intent to claim parental rights with entry2.12of appearance form, and the denial of paternity with entry of2.13appearance and consent to adoption form must be retained by the2.14court administrator.2.15(b) The court administratorThe interested party or that 2.16 party's attorney shall mail to the putative father, at the 2.17 addressappearing in the affidavitprovided to the registry, the 2.18 copy of theputative fathers' adoption registrynotice to 2.19 registered putative father, the intent to claim parental 2.20 rightswith entry of appearanceform,andthe denial of 2.21 paternitywith entry of appearanceform, and the consent to 2.22 adoption form by certified mail, return receipt requested.The2.23envelope and return receipt must bear the return address of the2.24court administrator.The receipt for certified mail must state 2.25 the name and address of the addressee and the date of mailing 2.26 and must be attached to the original notice. 2.27(c)(b) The return receipt, whenreturned to the court2.28administratorfiled with the court, must be attached to the 2.29 originalputative fathers' adoption registrynotice to 2.30 registered putative father, the intent to claim parental 2.31 rightswith entry of appearanceform,andthe denial of 2.32 paternitywith entry of appearanceform, and the consent to 2.33 adoption form and constitutes proof of service. 2.34(d)(c) The court administrator shall note the fact of 2.35 service in a permanent record. 2.36 Sec. 2. Minnesota Statutes 1997 Supplement, section 3.1 259.52, subdivision 10, is amended to read: 3.2 Subd. 10. [RESPONSE TOPUTATIVE FATHERS' ADOPTION REGISTRY3.3 NOTICE TO REGISTERED PUTATIVE FATHER; LIMITATION OF RIGHTS FOR 3.4 FAILURE TO RESPOND AND UPON FILING OFDISCLAIMERDENIAL OF 3.5 PATERNITY.] Within 30 days of receipt of theputative fathers'3.6adoption registrynotice to registered putative father, the 3.7 intent to claim parental rightswith entry of appearanceform, 3.8andthe denial of paternitywith entry of appearanceform, and 3.9 the consent to adoption form, the putative father must file a 3.10 completed intent to claim parental rights with entry of 3.11 appearance form with the court administrator stating that he 3.12 intends to initiate a paternity action within 30 days of receipt 3.13 of theputative fathers' adoption registrynotice to registered 3.14 putative father in order to preserve the right to maintain an 3.15 interest in the child and receive notice during the pending 3.16 adoption proceeding. Failure to initiate a paternity action 3.17 within 30 days of receipt of theputative fathers' adoption3.18registrynotice to registered putative father does not act as a 3.19 bar to receiving notice under section 259.49. If good cause is 3.20 shown, the putative father must be allowed more time to initiate 3.21 the paternity action. A putative father who files a completed 3.22 denial of paternitywith entry of appearanceform and consent to 3.23 adoption form or who fails to timely file an intent to claim 3.24 parental rightswith entry of appearanceform with the court: 3.25 (1) is barred from later bringing or maintaining an action 3.26 to assert any interest in the child during the pending adoption 3.27 proceeding concerning the child; 3.28 (2) is considered to have waived and surrendered a right to 3.29 notice of a hearing in any judicial proceeding for adoption of 3.30 the child, and consent of that person to the adoption of the 3.31 child is not required; and 3.32 (3) is considered to have abandoned the child. 3.33 Failure to register is prima facie evidence of sufficient 3.34 grounds to support termination of the putative father's parental 3.35 rights. 3.36 Sec. 3. Minnesota Statutes 1997 Supplement, section 4.1 259.52, subdivision 11, is amended to read: 4.2 Subd. 11. [PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE;4.3INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM;4.4DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE; AND CONSENT TO4.5ADOPTION FORMFORMS.](a) The putative father's adoption4.6registry notice sent under subdivision 9 must be substantially4.7as follows:4.8"IN THE MATTER OF NOTICE TO .........., REGISTERED PUTATIVE4.9FATHER.4.10You have signed the putative fathers' adoption registry4.11indicating that you are the father of a child born on the4.12.......... day of .........., ...., (or expected to be born on4.13or about the ....... day of .........., ....).4.14The mother of the child is ...........4.15The mother has indicated that she intends to place the4.16child for adoption.4.17As the alleged father of the child by virtue of signing the4.18putative fathers' adoption registry, you have certain legal4.19rights with respect to the child, including the right to notice4.20of the filing of proceedings instituted for the adoption of the4.21child. If you wish to retain your rights with respect to the4.22child, you must file with the court administrator, Court of4.23.......... County, Minnesota, whose address is ..........,4.24Minnesota, within 30 days after the date of receipt of this4.25notice, the enclosed intent to claim parental rights with entry4.26of appearance form stating that you are, in fact, the father of4.27the child and that you intend to retain your legal rights with4.28respect to the child by initiating a paternity action within 304.29days of receipt of the putative fathers' adoption registry4.30notice.4.31If you do not file an intent to claim parental rights with4.32entry of appearance form or a request for notice, then whatever4.33legal rights you have with respect to the child, including the4.34right to notice of any future proceedings for the adoption of4.35the child, may be terminated without any further notice to you.4.36When your legal rights with respect to the child are so5.1terminated, you will not be entitled to notice of any proceeding5.2instituted for the adoption of the child.5.3If you are not the father of the child, you may file with5.4the court administrator the denial of paternity with entry of5.5appearance and consent to adoption form enclosed herewith and5.6you will receive no further notice with respect to the child."5.7(b) The intent to claim parental rights with entry of5.8appearance form sent under subdivision 9 must be substantially5.9as follows:5.10"INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE5.11I, .........., state as follows:5.12(1) That I am ..... years of age; and I reside at5.13.......... in the County of .........., State of ...........5.14(2) That I have been advised that .......... is the mother5.15of a .......... male/female child named .......... born or5.16expected to be born on or about .......... and that such mother5.17has stated that I am the father of this child.5.18(3) I declare that I am the father of this child.5.19(4) I understand that the mother of this child wishes to5.20consent to the adoption of this child. I do not consent to the5.21adoption of this child, and I understand that I must return this5.22intent to claim parental rights with entry of appearance form to5.23the court administrator of .......... County, located at5.24.........., within 30 days of receipt of this notice.5.25(5) I further understand that I am also obligated to5.26initiate a paternity action under the Parentage Act (Minnesota5.27Statutes, sections 257.51 to 257.74) within 30 days of my5.28receiving the putative fathers' adoption registry notice, or, if5.29the child is not yet born, within 30 days after the birth of the5.30child, unless for good cause shown I am unable to do so. That5.31proceeding is separate and distinct from the above mailing of5.32intent to claim parental rights with entry of appearance form;5.33in the paternity action, I must state that I am, in fact, the5.34father of said child for one or more of the reasons stated in5.35Minnesota Statutes, section 257.55, subdivision 1, and that I5.36intend to retain my legal rights with respect to said child, and6.1request to be notified of any further proceedings with respect6.2to custody or adoption of the child.6.3(6) I hereby enter my appearance in the above entitled6.4cause.6.5OATH6.6I have been duly sworn and I say under oath that I have6.7read and understand this intent to claim parental rights with6.8entry of appearance form. The facts that it contains are true6.9and correct to the best of my knowledge, and I understand that6.10by signing this document I admit my paternity. I have signed6.11this document as my free and voluntary act.6.12...........6.13(Signature)6.14Dated this .......... day of .........., .....6.15Signed and Sworn Before Me This ....... day of .........., .....6.16...........6.17(notary public)"6.18(c) The denial of paternity with entry of appearance and6.19consent to adoption form sent under subdivision 9 must be6.20substantially as follows:6.21"DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND6.22CONSENT TO ADOPTION6.23I, .........., state as follows:6.24(1) That I am ..... years of age; and I reside at6.25.......... in the County of .........., State of ...........6.26(2) That I have been advised that .......... is the mother6.27of a .......... male/female child named .......... born or6.28expected to be born on or about .......... and that I have6.29registered with the putative fathers' adoption registry stating6.30that I am the father of this child.6.31(3) I now deny that I am the father of this child. My6.32denial at this time will not subject me to any criminal6.33liability.6.34(4) I further understand that the mother of this child6.35wishes to consent to the adoption of the child. I hereby6.36consent to the adoption of this child, and waive any rights,7.1remedies, and defenses that I may have now or in the future.7.2This consent is being given in order to facilitate the adoption7.3of the child and so that the court may terminate what rights I7.4may have to the child. This consent is not in any manner an7.5admission of paternity.7.6(5) I hereby enter my appearance in the above entitled7.7cause and waive service of summons and other pleading.7.8OATH7.9I have been duly sworn and I say under oath that I have7.10read and understood this denial of paternity with entry of7.11appearance and consent to adoption. The facts it contains are7.12true and correct to the best of my knowledge, and I understand7.13that by signing this document I have not admitted paternity. I7.14have signed this document as my free and voluntary act in order7.15to facilitate the adoption of the child.7.16...........7.17(Signature)7.18Dated this .......... day of .........., .....7.19Signed and Sworn Before Me This ....... day of .........., .....7.20...........7.21(notary public)"7.22[The names of adoptive parents must not be included in the7.23notice.]The office of the state court administrator shall 7.24 develop the following forms: 7.25 (1) notice to registered putative father; 7.26 (2) intent to claim parental rights; 7.27 (3) denial of paternity; and 7.28 (4) consent to adoption. 7.29 Sec. 4. Minnesota Statutes 1997 Supplement, section 7.30 259.52, subdivision 12, is amended to read: 7.31 Subd. 12. [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof 7.32 of indigency, a putative father who has registered with the 7.33 fathers' adoption registry, has received aputative fathers'7.34adoption registrynotice to registered putative father, and has 7.35 timely filed an intent to claim paternal rightswith entry of7.36appearanceform with the court administrator, must have counsel 8.1 appointed at public expense. 8.2 Sec. 5. Minnesota Statutes 1997 Supplement, section 8.3 259.52, is amended by adding a subdivision to read: 8.4 Subd. 15. [INTERNATIONAL ADOPTIONS.] This section does not 8.5 apply to international adoptions.