SF 1243

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:49pm

A bill for an act
relating to adoption proceedings; amending provisions related to recognition of
parentage, the putative father registry, and consents to adoption; amending
Minnesota Statutes 2020, sections 257.75, subdivision 2, by adding a subdivision;
259.21, subdivisions 8, 12, by adding a subdivision; 259.24, subdivision 6a, by
adding subdivisions; 259.52, subdivisions 7, 8, 10.

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

Section 1.

Minnesota Statutes 2020, section 257.75, subdivision 2, is amended to read:

Subd. 2.

Revocation of recognition.

A recognition may be revoked in a writing signed
by the mother or father before a notary public and filed with the state registrar of vital
records within the earlier of 60 days after the recognition is executed or the date of an
administrative or judicial hearing relating to the child in which the revoking party is a party
to the related action. new text begin For purposes of this section, an "administrative or judicial hearing"
means a hearing where the revoking party has been served with a notice of the hearing and
had an opportunity to be heard at such hearing. new text end A joinder in a recognition may be revoked
in a writing signed by the man who executed the joinder and filed with the state registrar
of vital records within 60 days after the joinder is executed. Upon receipt of a revocation
of the recognition of parentage or joinder in a recognition, the state registrar of vital records
shall forward a copy of the revocation to the nonrevoking parent, or, in the case of a joinder
in a recognition, to the mother and father who executed the recognition.

Sec. 2.

Minnesota Statutes 2020, section 257.75, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Void recognition. new text end

new text begin A recognition of parentage executed more than 30 days
after the child's birth is void if the child has been placed for adoption.
new text end

Sec. 3.

Minnesota Statutes 2020, section 259.21, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Adoption proceedings. new text end

new text begin "Adoption proceedings" means:
new text end

new text begin (1) a placement by a birth parent under section 259.47, a legal guardian, or agency to a
prospective adoptive home made before a petition for adoption is filed; or
new text end

new text begin (2) judicial proceedings subsequent to the filing of a petition to adopt.
new text end

Sec. 4.

Minnesota Statutes 2020, section 259.21, subdivision 8, is amended to read:

Subd. 8.

Placement.

"Placement" means the transfer of deleted text begin physical deleted text end custody of a child from
a birth parent new text begin pursuant to a preadoptive custody order, agency, new text end or legal guardian to a
prospective adoptive deleted text begin home deleted text end new text begin parent new text end .

Sec. 5.

Minnesota Statutes 2020, section 259.21, subdivision 12, is amended to read:

Subd. 12.

Putative father.

"Putative father" means a man who may be a child's father,
but who:

(1) is not married to the child's mother on or before the date that the child was or is to
be born; and

(2) has not established paternity of the child according to section 257.57 in a court
proceeding deleted text begin before the filing of a petition for the adoption deleted text end new text begin within 30 days of the birth new text end of the
child.

"Putative father" includes a male who is less than 18 years old.

Sec. 6.

Minnesota Statutes 2020, section 259.24, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Consent executed in response to father's adoption registry notices. new text end

new text begin A
consent to adoption signed by a putative father, on the form generated by the Office of the
State Court Administrator pursuant to section 259.52, subdivision 11, is valid and binding
for purposes of the adoption of the child regardless of whether execution is before or after
the child's birth.
new text end

Sec. 7.

Minnesota Statutes 2020, section 259.24, subdivision 6a, is amended to read:

Subd. 6a.

Withdrawal of consent.

A parent's consent to adoption under this chapter
may be withdrawn for any reason within ten working days after the consent is executed and
acknowledged. No later than the tenth working day after the consent is executed and
acknowledged, written notification of withdrawal of consent must be received by: (1) the
agency to which the child was surrendered; (2) the agency supervising the adoptive placement
of the child; or (3) in the case of adoption by the stepparent or any adoption not involving
agency placement or supervision, by the district court where the adopting stepparent or
parent resides. deleted text begin On the day following deleted text end new text begin After 5 p.m. on new text end the tenth working day after execution
and acknowledgment, the consent shall become irrevocable, except upon order of a court
of competent jurisdiction after written findings that consent was obtained by fraud. The
proceedings shall be conducted to preserve the confidentiality of the adoption process. There
shall be no presumption in the proceedings favoring the birth parents over the adoptive
parents.

Sec. 8.

Minnesota Statutes 2020, section 259.24, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Rights of parents and guardians upon irrevocable consent. new text end

new text begin If the consent
of a child's parent or guardian is deemed irrevocable, the parent or guardian remains a party
to any proceeding brought by another party, other than the adoptive parents, to establish an
interest in the child. There shall be no presumption in any proceedings against a parent or
guardian whose consent is irrevocable.
new text end

Sec. 9.

Minnesota Statutes 2020, section 259.52, subdivision 7, is amended to read:

Subd. 7.

When and how to register.

A putative father may register with the Department
of Health before the birth of the child but must register no later than 30 days after the birth
of the child. Registrations must be deleted text begin in writing deleted text end new text begin notarized new text end and signed by the putative father.
A registration is timely if the date the registration is postmarked or the date it was delivered
by means other than mail to the address specified on the registration form is not later than
30 days after the birth of the child.

Sec. 10.

Minnesota Statutes 2020, 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 deleted text begin during the pending adoption proceeding concerning the child deleted text end new text begin if the child has been
placed by an agency or by a birth parent under section 259.47 new text end ;

(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.

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

Sec. 11.

Minnesota Statutes 2020, section 259.52, subdivision 10, is amended to read:

Subd. 10.

Response to notice to registered putative father; limitation of rights for
failure to respond and upon filing of denial of paternity.

new text begin (a) new text end Within 30 days of receipt
of the notice to registered putative father, the intent to claim parental rights form, the denial
of paternity form, and the consent to adoption form, the putative father must file a completed
intent to claim parental rights form with the court administrator in the county in which the
adoption petition will be filed as provided by the petitioner, stating that he intends to deleted text begin initiate deleted text end new text begin
commence new text end a paternity action within 30 days of receipt of the notice to registered putative
father in order to preserve the right to maintain an interest in the child and receive notice
during the pending adoption proceeding. Failure to deleted text begin initiate deleted text end new text begin commence new text end a paternity action
within 30 days of receipt of the notice to registered putative father does not act as a bar to
receiving notice under section 259.49. If good cause is shown, the putative father must be
allowed more time to deleted text begin initiate deleted text end new text begin commence new text end the paternity action. A putative father who files a
completed denial of paternity form and consent to adoption form or who fails to timely file
an intent to claim parental rights form with the court:

(1) is barred from later 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 a right to notice of a 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 is prima facie evidence of sufficient grounds to support termination of
the putative father's parental rights.

new text begin (b) A putative father who timely commences a paternity action must demonstrate that
he promptly came forward and demonstrated a full commitment to parental responsibilities
as the biological mother allowed and circumstances permitted shortly after he learned or
reasonably should have learned that the biological mother was pregnant with his child. If
the court determines that the putative father failed to make such a showing, the court shall
find that the putative father abandoned the child and the adoption may be finalized without
the putative father's consent or further notice to him.
new text end