SF 1005

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to adoption records; providing access to
certain records by certain persons; providing for
certain services; changing classification of certain
data; amending Minnesota Statutes 2004, sections
144.218, subdivisions 1, 2; 259.83, subdivisions 1, 3,
by adding a subdivision; 259.89.

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

Section 1.

Minnesota Statutes 2004, 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 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. 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 ; 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 2004, section 144.218,
subdivision 2, is amended to read:

Subd. 2.

Adoption of foreign persons.

In proceedings for
the adoption of a person who was born in a foreign country, the
court, upon evidence presented by the commissioner of human
services from information secured at the port of entry or upon
evidence from other reliable sources, may make findings of fact
as to the date and place of birth and parentage. Upon receipt
of certified copies of the court findings and the order or
decree of adoption, a certificate of adoption, or a certified
copy of a decree issued under section 259.60, the state
registrar shall register a birth record in the new name of the
adopted person. new text begin Notwithstanding section 259.61, new text end the certified
copies of the court findings and the order or decree of
adoption, certificate of adoption, or decree issued under
section 259.60 are 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, on request, to the adopted person who is the
subject of the adoption proceeding if that person is at least 19
years of age new text end . The birth record shall state the place of birth
as specifically as possible and that the vital record is not
evidence of United States citizenship.

Sec. 3.

Minnesota Statutes 2004, section 259.83,
subdivision 1, is amended to read:

Subdivision 1.

Services provided.

new text begin (a) new text end Agencies shall
provide assistance and counseling services upon receiving a
request for current information from adoptive parents, birth
parents, or adopted persons aged 19 years and over. The agency
shall contact the other adult persons or the adoptive parents of
a minor child in a personal and confidential manner to determine
whether there is a desire to receive or share information or to
have contact. If there is such a desire, the agency shall
provide the services requested. The agency shall new text begin , on request,
new text end provide services to adult deleted text begin genetic deleted text end siblings deleted text begin if there is no known
violation of the confidentiality of a birth parent or if the
birth parent gives written consent deleted text end . new text begin Adopted persons aged 19
years and over must be advised of any siblings, regardless of
when the adoption took place. Persons aged 19 and over who,
because of a termination of parental rights were committed to
the guardianship of the commissioner of human services and were
not adopted, must be advised of other siblings who were (1)
adopted, or (2) committed to the guardianship of the
commissioner and not adopted. The agency shall search for and
offer services to other siblings. If a sibling was adopted
through another agency, the agencies shall share necessary
information and work together to locate the other sibling and
offer services.
new text end

new text begin (b) A person aged 19 or over who was adopted from a foreign
country shall, upon request, receive copies from the agency of
all documents and referral information the person's adoptive
parents received from the foreign country at the time of the
adoption. Birth parent identities must be included consistent
with the current policies of the child's country of origin. The
agency shall provide information about procedures for contact
with birth parents in the child's country of origin.
new text end

Sec. 4.

Minnesota Statutes 2004, section 259.83,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin identifying deleted text end new text begin birth record new text end information new text begin from
agency new text end .

In adoptive placements made on and after August 1,
1982, new text begin and before August 1, 2005, new text end the 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. 5.

Minnesota Statutes 2004, section 259.83, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Birth record and other information from agency
and department of health. new text end

new text begin In adoptive placements made on and
after August 1, 2005, 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 must 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 must 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 agency 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. 6.

Minnesota Statutes 2004, section 259.89, is
amended to read:

259.89 ACCESS TO ORIGINAL BIRTH RECORD INFORMATION.

Subdivision 1.

Request.

new text begin In all adoptions granted before
August 1, 2005, new text end 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. The
commissioner of health shall new 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 begin commissioner of human services in
writing of the request by the adopted person deleted text end new text begin petitioner in
writing of the date of filing of the affidavit of nondisclosure new text end .

Subd. 2.

Search.

new text begin 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 end Within
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.

For 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 filing with the commissioner of health an affidavit
of notification executed by the person who notified deleted text begin each deleted text end new text begin the
new text end parent certifying that deleted text begin each parent deleted text end new text begin the adopted person new text end was given
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;
new text end

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

new text begin (3) if the birth parent decided to revoke the affidavit of
nondisclosure, a copy of a signed and dated affidavit of
disclosure. Upon receipt of the affidavit of disclosure, the
commissioner of health shall release the original birth record
to the adopted person.
new text end

new text begin 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 begin identified 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 259.61, 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 end new 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 begin after notice deleted text end new text begin ; adoptions
on or after august 1, 2005 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
August 1, 2005, the commissioner of health shall, upon request
of an adopted person aged 19 or over, release a copy of the
original birth record pursuant to section 259.83, subdivision 3a.
new text end

Subd. 5. deleted text begin [DEATH OF PARENT.] 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 259.61. 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 Subd. 6. deleted text end

deleted text begin Determination of eligibility for enrollment or
membership in a federally recognized american indian tribe. deleted text end

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. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective August 1, 2005.
new text end