SF 1152

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

A bill for an act
relating to human services; adding a provision to the
fathers' adoption registry; amending Minnesota
Statutes 2004, section 259.52, subdivision 8.

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

Section 1.

Minnesota Statutes 2004, section 259.52,
subdivision 8, is amended to read:

Subd. 8.

Failure to register.

Except for a putative
father who is entitled to notice and consent under sections
259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses
(1) to (7), a putative father who fails to timely register with
the fathers' adoption registry under subdivision 7:

(1) is barred thereafter from bringing or maintaining an
action to assert any interest in the child during the pending
adoption proceeding concerning the child;

(2) is considered to have waived and surrendered any right
to notice of any hearing in any judicial proceeding for adoption
of the child, and consent of that person to the adoption of the
child is not required; and

(3) is considered to have abandoned the child.

Failure to register under subdivision 7 is prima facie
evidence of sufficient grounds to support termination of the
putative father's parental rights under section 260C.301,
subdivision 1.

A putative father who has not timely registered under
subdivision 7 is considered to have timely registered if he
proves by clear and convincing evidence that:

(i) it was not possible for him to register within the
period of time specified in subdivision 7;

(ii) his failure to register was through no fault of his
own; and

(iii) he registered within ten days after it became
possible for him to file new text begin ; or
new text end

new text begin (iv) he was purposefully mislead about the status of the
pregnancy and birth of the child new text end .

A lack of knowledge of the pregnancy or birth is not an
acceptable reason for failure to register.