SF 727

1st Engrossment - 80th Legislature (1997 - 1998) 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; appropriating money; 
  1.4             amending Minnesota Statutes 1996, sections 259.24, by 
  1.5             adding a subdivision; 259.83, subdivision 2; and 
  1.6             259.89, subdivisions 1, 4, 5, and by adding a 
  1.7             subdivision; repealing Minnesota Statutes 1996, 
  1.8             section 259.89, subdivisions 2 and 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 259.24, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 5a.  [NOTICE REGARDING ACCESS TO BIRTH 
  1.13  INFORMATION.] At the time a consent is executed under this 
  1.14  section, section 259.25, subdivision 1, or 259.47, subdivision 
  1.15  7, the person before whom the consent is executed shall notify 
  1.16  the parent that: 
  1.17     (1) the parent may file an affidavit with the commissioner 
  1.18  of health objecting to the release of information regarding the 
  1.19  parent's identity to the child; and 
  1.20     (2) if the parent does not file the affidavit, an adopted 
  1.21  person who is 19 years of age or older will have access to 
  1.22  information on the parent's identity in the original birth 
  1.23  certificate. 
  1.24     Failure to provide this notice does not affect the validity 
  1.25  of the consent. 
  1.26     Sec. 2.  Minnesota Statutes 1996, section 259.83, 
  1.27  subdivision 2, is amended to read: 
  2.1      Subd. 2.  [HEALTH OR MEDICAL HISTORY INFORMATION.] When the 
  2.2   agency receives information about a medical or genetic condition 
  2.3   which has affected or may affect the physical or mental health 
  2.4   of genetically related persons or receives a request for 
  2.5   information regarding their medical history, the agency shall 
  2.6   make a diligent effort to contact those persons in order to 
  2.7   transmit or request the health or medical history information. 
  2.8      Sec. 3.  Minnesota Statutes 1996, section 259.89, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [REQUEST.] An adopted person who is 19 
  2.11  years of age or over may request the commissioner of health to 
  2.12  disclose the information on or release a photocopy of the 
  2.13  adopted person's original birth certificate.  The commissioner 
  2.14  of health shall, within five days of receipt of the request, 
  2.15  notify the commissioner of human services in writing of the 
  2.16  request by the adopted person, a copy of the consent to 
  2.17  disclosure filed by the parent, or the affidavit of disclosure 
  2.18  regarding the birth father's address. 
  2.19     Sec. 4.  Minnesota Statutes 1996, section 259.89, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 1a.  [AFFIDAVIT OBJECTING TO THE RELEASE OF 
  2.22  INFORMATION.] A parent identified on the original birth 
  2.23  certificate may file with the commissioner of health an 
  2.24  affidavit objecting to the release of information regarding the 
  2.25  parent's identity.  If one parent identified on the original 
  2.26  birth certificate has filed an unrevoked affidavit objecting to 
  2.27  the release of information, the commissioner of health shall not 
  2.28  release to the adopted person original birth certificate 
  2.29  information on that parent. 
  2.30     Notwithstanding the filing of an affidavit objecting to the 
  2.31  release of information, the adopted person may petition the 
  2.32  court pursuant to section 259.61 for a release of identifying 
  2.33  information about a birth parent. 
  2.34     A parent identified on the original birth certificate may 
  2.35  revoke the affidavit objecting to the release of information at 
  2.36  any time by filing with the commissioner of health a consent to 
  3.1   disclosure. 
  3.2      Sec. 5.  Minnesota Statutes 1996, section 259.89, 
  3.3   subdivision 4, is amended to read: 
  3.4      Subd. 4.  [RELEASE OF INFORMATION AFTER NOTICE.] If, within 
  3.5   six months, the commissioner of human services certifies to the 
  3.6   commissioner of health notification of each parent identified on 
  3.7   the original birth certificate pursuant to subdivision 2, the 
  3.8   commissioner of health shall disclose the information requested 
  3.9   by the adopted person 31 days after the date of the latest 
  3.10  notice to either parent.  This disclosure will occur if, at any 
  3.11  time during the 31 days both of the parents identified on the 
  3.12  original birth certificate have filed a consent to disclosure 
  3.13  with the commissioner of health and neither consent to 
  3.14  disclosure has been revoked by the subsequent filing by a parent 
  3.15  of an affidavit stating that the information should not be 
  3.16  disclosed.  If only one parent has filed a consent to disclosure 
  3.17  and the consent has not been revoked, the commissioner of health 
  3.18  shall disclose, to the adopted person, original birth 
  3.19  certificate information on the consenting parent only. (a) The 
  3.20  commissioner of health shall release a copy of the original 
  3.21  birth certificate to the adopted person unless a birth parent 
  3.22  has filed an affidavit objecting to the release of information.  
  3.23  If one parent has filed an unrevoked affidavit objecting to the 
  3.24  release of information under subdivision 1a, the commissioner 
  3.25  shall release to the adopted person only original birth 
  3.26  certificate information about the other parent. 
  3.27     (b) When releasing a birth certificate or the information 
  3.28  on it pursuant to this subdivision, the commissioner of health 
  3.29  shall include copies of any materials described in this 
  3.30  paragraph.  The commissioner of health shall prepare and provide 
  3.31  for distribution under this paragraph: 
  3.32     (i) a summary sheet of key issues that may affect the 
  3.33  reunification of adopted persons and birth parents; and 
  3.34     (ii) a list of agencies or individuals who provide 
  3.35  intermediary services for the reunification of adopted persons 
  3.36  and birth parents.  The agencies and individuals on the list 
  4.1   shall consist of those who notify the commissioner of health 
  4.2   that they wish to be included on the list.  The commissioner of 
  4.3   health shall update the list annually. 
  4.4      Sec. 6.  Minnesota Statutes 1996, section 259.89, 
  4.5   subdivision 5, is amended to read: 
  4.6      Subd. 5.  [DEATH OF PARENT.] Notwithstanding the provisions 
  4.7   of subdivisions 3 and 4, If a parent named on the original birth 
  4.8   certificate of an adopted person has died, and at any time the 
  4.9   commissioner of health shall disclose the information on the 
  4.10  original birth certificate as requested by the adopted person, 
  4.11  notwithstanding that prior to the death the parent has filed an 
  4.12  unrevoked affidavit with the commissioner of health stating that 
  4.13  the information on the original birth certificate should not be 
  4.14  disclosed, the adopted person may petition the court of original 
  4.15  jurisdiction of the adoption proceeding for disclosure of the 
  4.16  original birth certificate pursuant to section 259.61.  The 
  4.17  court shall grant the petition if, after consideration of the 
  4.18  interests of all known persons involved, the court determines 
  4.19  that disclosure of the information would be of greater benefit 
  4.20  than nondisclosure.  The commissioner of health is not required 
  4.21  to search outside this state for proof of any death that may 
  4.22  have occurred outside this state.  
  4.23     Sec. 7.  [NOTICE TO THE PUBLIC.] 
  4.24     (a) From August 1, 1997, to July 31, 1999, the commissioner 
  4.25  of health shall conduct an adoption records public awareness 
  4.26  campaign.  The purpose of the campaign is to notify persons who 
  4.27  placed their children for adoption prior to August 1, 1982, of 
  4.28  their rights to file affidavits of disclosure of the records of 
  4.29  the adoption under Minnesota Statutes, section 259.89, 
  4.30  notwithstanding any decision they made at the time of the 
  4.31  adoption, and of the provisions of sections 1 to 6 that will 
  4.32  take effect on August 1, 2000.  The campaign must stress the 
  4.33  value of family wholeness and healing that may result from 
  4.34  openness in adoptions.  The campaign must encourage affirmative 
  4.35  decision-making about signing affidavits of disclosure or 
  4.36  nondisclosure, and provide for assistance as far as practicable 
  5.1   in the filing of affidavits.  The campaign must be conducted 
  5.2   entirely in the public and may not involve notifying or 
  5.3   contacting individual parents, except at the parent's request, 
  5.4   of the right to file an affidavit of disclosure or nondisclosure.
  5.5      (b) The commissioner shall appoint an advisory committee of 
  5.6   11 persons broadly representative of the interests of the 
  5.7   adoption community and of the geography of the state to assist 
  5.8   in planning the campaign.  The commissioner may contract with 
  5.9   any public or private organization or agency with the knowledge 
  5.10  and expertise to conduct the campaign.  The campaign must use 
  5.11  materials authorized by the commissioner and seek to maximize 
  5.12  donations of advertising space and time.  The commissioner may 
  5.13  establish a telephone hotline or other electronic means to 
  5.14  receive requests for information or to provide information to 
  5.15  persons seeking it. 
  5.16     (c) Every licensed adoption agency shall cooperate with the 
  5.17  commissioner in carrying out the purposes and activities of this 
  5.18  campaign, whether or not they were involved in adoption actions 
  5.19  prior to August 1, 1982. 
  5.20     (d) By January 1, 2000, the commissioner shall report to 
  5.21  the chairs of the senate committee on health and human services 
  5.22  and the house committee on health and human services on the 
  5.23  activities and results of the campaign, along with 
  5.24  recommendations on activity necessary to further the goals of 
  5.25  this section. 
  5.26     Sec. 8.  [REPEALER.] 
  5.27     Minnesota Statutes 1996, section 259.89, subdivisions 2 and 
  5.28  3, are repealed. 
  5.29     Sec. 9.  [APPROPRIATION.] 
  5.30     $....... is appropriated to the commissioner of health from 
  5.31  the general fund for purposes of section 7.  This appropriation 
  5.32  is available until June 30, 1999. 
  5.33     Sec. 10.  [EFFECTIVE DATE.] 
  5.34     Sections 1 and 3 to 6 and 8 are effective August 1, 2000.  
  5.35  Sections 7 and 9 are effective the day following final enactment.