SF 1284

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2018 02:57pm

A bill for an act
relating to adoption; modifying provisions governing access to original birth records
and other adoption-related information; modifying provisions related to affidavits
of disclosure and nondisclosure; providing for a contact preference form;
appropriating money; amending Minnesota Statutes 2016, sections 13.10,
subdivision 5; 13.465, subdivision 8; 144.218, subdivision 1; 144.225, subdivision
2; 144.2252; 144.226, subdivision 1; 259.83, subdivisions 1, 1a, 1b, 3, 4, by adding
a subdivision; 259.89; 260C.317, subdivision 4; 260C.637; proposing coding for
new law in Minnesota Statutes, chapters 144; 259; repealing Minnesota Statutes
2016, sections 144.212, subdivision 11; 259.89, subdivisions 5, 6.

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

Section 1.

Minnesota Statutes 2016, section 13.10, subdivision 5, is amended to read:

Subd. 5.

Adoption records.

Notwithstanding any provision of this chapter, adoption
records shall be treated as provided in sections new text begin 144.2253, new text end 259.53, 259.61, 259.79, and 259.83
to 259.89.

Sec. 2.

Minnesota Statutes 2016, section 13.465, subdivision 8, is amended to read:

Subd. 8.

Adoption records.

Various adoption records are classified under section 259.53,
subdivision 1. Access to the original birth record of a person who has been adopted is
governed by section deleted text begin 259.89 deleted text end new text begin 144.2253 new text end .

Sec. 3.

Minnesota Statutes 2016, 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 confidential pursuant to section
13.02, subdivision 3, and shall not be disclosed except pursuant to court order deleted text begin or deleted text end new text begin , new text end section
144.2252 new text begin , or 144.2253 new text end . The information contained on the original birth record, except for
the registration number, shall be provided on request to a parent who is named on the original
birth record. 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. 4.

Minnesota Statutes 2016, section 144.225, subdivision 2, is amended to read:

Subd. 2.

Data about births.

(a) Except as otherwise provided in this subdivision, data
pertaining to the birth of a child to a woman who was not married to the child's father when
the child was conceived nor when the child was born, including the original record of birth
and the certified vital record, are confidential data. At the time of the birth of a child to a
woman who was not married to the child's father when the child was conceived nor when
the child was born, the mother may designate demographic data pertaining to the birth as
public. Notwithstanding the designation of the data as confidential, it may be disclosed:

(1) to a parent or guardian of the child;

(2) to the child when the child is 16 years of age or older;

(3) under paragraph (b) or (e); or

(4) pursuant to a court order. For purposes of this section, a subpoena does not constitute
a court order.

(b) Unless the child is adopted, data pertaining to the birth of a child that are not accessible
to the public become public data if 100 years have elapsed since the birth of the child who
is the subject of the data, or as provided under section 13.10, whichever occurs first.

(c) If a child is adopted, data pertaining to the child's birth are governed by the provisions
relating to adoption records, including sections 13.10, subdivision 5; 144.218, subdivision
1; 144.2252; new text begin 144.2253; new text end and 259.89.

(d) The name and address of a mother under paragraph (a) and the child's date of birth
may be disclosed to the county social services or public health member of a family services
collaborative for purposes of providing services under section 124D.23.

(e) The commissioner of human services shall have access to birth records for:

(1) the purposes of administering medical assistance and the MinnesotaCare program;

(2) child support enforcement purposes; and

(3) other public health purposes as determined by the commissioner of health.

Sec. 5.

Minnesota Statutes 2016, section 144.2252, is amended to read:

144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION.

(a) Whenever an adopted person requests the state registrar to disclose the information
on the adopted person's original birth record, the state registrar shall act according to section
deleted text begin 259.89 deleted text end new text begin 144.2253 new text end .

(b) The state registrar shall provide a transcript of an adopted person's original birth
record new text begin , including any record subject to an affidavit of nondisclosure new text end to an authorized
representative of a federally recognized American Indian tribe for the sole purpose of
determining deleted text begin the adopted person's deleted text end eligibility for enrollment deleted text begin or deleted text end new text begin , new text end membership new text begin , or repatriation
of the adopted person or the adopted person's descendants new text end . Information contained in the
birth record may not be used to provide the adopted person information about the person's
birth parents, except as provided in this section or section deleted text begin 259.83 deleted text end new text begin 144.2253 new text end .

Sec. 6.

new text begin [144.2253] ACCESS TO ORIGINAL BIRTH RECORDS OF ADOPTED
PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms have the meanings
given them in this subdivision.
new text end

new text begin (b) "Affidavit of nondisclosure" means a notarized affidavit:
new text end

new text begin (1) signed by a person who gave birth to or fathered a child born in Minnesota and the
child was later adopted as a minor;
new text end

new text begin (2) stating that the affiant does not give consent to full disclosure of the information
contained in the original birth record of the adopted person; and
new text end

new text begin (3) that has been filed with the Office of Vital Records at any time prior to receipt of a
request by an adopted person for release of the adopted person's original birth record.
new text end

new text begin (c) "Original birth record" means all vital records:
new text end

new text begin (1) relating to the birth of a person;
new text end

new text begin (2) that have been registered by the Office of Vital Records; and
new text end

new text begin (3) that relate to a person who was later adopted including any changes to the records.
new text end

new text begin (d) "Person related to the adopted person" means:
new text end

new text begin (1) a child of the subject;
new text end

new text begin (2) the spouse of the subject;
new text end

new text begin (3) a parent of the subject; or
new text end

new text begin (4) the grandparent or grandchild of the subject.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure. new text end

new text begin (a) An adopted person who is age 18 years or older, or a person
related to the adopted person if the adopted person is deceased, may request the state registrar
to provide the adopted person or the person related to the adopted person with a noncertified
copy of the adopted person's original birth record. If there is no affidavit of nondisclosure
on file with the Office of Vital Records, the state registrar shall provide the adopted person,
or the person related to the adopted person if the adopted person is deceased, with a
noncertified copy of the adopted person's original birth record.
new text end

new text begin (b) If a contact preference form is attached to the original birth record as authorized
under section 259.432, the state registrar shall provide a copy of the contact preference form
with the noncertified copy of the adopted person's original birth record.
new text end

new text begin (c) Affidavits of nondisclosure on file with the Office of Vital Records remain in effect
and shall prevent release of the subject information until rescinded.
new text end

new text begin Subd. 3. new text end

new text begin Recission of affidavit of nondisclosure. new text end

new text begin (a) A birth parent may rescind an
affidavit of nondisclosure at any time.
new text end

new text begin (b) Affidavits of nondisclosure are rescinded automatically by the death of the affiant.
new text end

new text begin (c) An affidavit of nondisclosure may be rescinded by an order of a district court, issued
pursuant to section 259.89.
new text end

new text begin Subd. 4. new text end

new text begin Affidavit of nondisclosure; access to birth record. new text end

new text begin When an original birth
record is subject to an affidavit of nondisclosure, an adopted person age 18 years or older,
or a person related to the adopted person if the adopted person is deceased, may request to
proceed under sections 259.61 and 259.89, subdivision 5a.
new text end

new text begin Subd. 5. new text end

new text begin Original birth record; public record. new text end

new text begin An original birth record of an adopted
person shall become a public record on the 100th anniversary of the adopted person's birth.
new text end

Sec. 7.

Minnesota Statutes 2016, section 144.226, subdivision 1, is amended to read:

Subdivision 1.

Which services are for fee.

The fees for the following services shall be
the following or an amount prescribed by rule of the commissioner:

(a) The fee for the administrative review and processing of a request for a certified vital
record or a certification that the vital record cannot be found is $9. The fee is payable at the
time of application and is nonrefundable.

(b) The fee for processing a request for the replacement of a birth record for all events,
except when filing a recognition of parentage pursuant to section 257.73, subdivision 1, is
$40. The fee is payable at the time of application and is nonrefundable.

(c) The fee for administrative review and processing of a request for the filing of a
delayed registration of birth, stillbirth, or death is $40. The fee is payable at the time of
application and is nonrefundable.

(d) The fee for administrative review and processing of a request for the amendment of
any vital record is $40. The fee is payable at the time of application and is nonrefundable.

(e) The fee for administrative review and processing of a request for the verification of
information from vital records is $9 when the applicant furnishes the specific information
to locate the vital record. When the applicant does not furnish specific information, the fee
is $20 per hour for staff time expended. Specific information includes the correct date of
the event and the correct name of the subject of the record. Fees charged shall approximate
the costs incurred in searching and copying the vital records. The fee is payable at the time
of application and is nonrefundable.

(f) The fee for administrative review and processing of a request for the issuance of a
copy of any document on file pertaining to a vital record or statement that a related document
cannot be found is $9. The fee is payable at the time of application and is nonrefundable.

new text begin (g) The commissioner shall charge a fee of $....... for noncertified copies of birth records
provided to persons authorized by section 144.2253 to access the information contained on
the original birth record, in order to cover the cost of providing the birth record.
new text end

Sec. 8.

new text begin [259.432] CONTACT PREFERENCE; FORM.
new text end

new text begin Subdivision 1. new text end

new text begin Contact preference form provided. new text end

new text begin The state registrar shall provide,
upon request, to each birth parent a contact preference form as described in this section.
new text end

new text begin Subd. 2. new text end

new text begin Form. new text end

new text begin The state registrar shall develop a contact preference form on which a
birth parent may state a preference regarding contact by the adopted person. The form must
contain the following statements from which the birth parent may choose only one:
new text end

new text begin (1) "I would like to be contacted. I have completed this contact preference form and am
filing it with the Office of Vital Records. I may change this contact preference form by
filling out and filing another contact preference form."
new text end

new text begin (2) "I would like to be contacted only through the following designated intermediary:
[Name of Intermediary]. (If no intermediary is named or no named intermediary is able or
willing to act, the involved adoption agency, if any, shall act on my behalf.) I have completed
this contact preference form and am filing it with the Office of Vital Records. I may change
this contact preference form by filling out and filing another contact preference form."
new text end

new text begin (3) "I would not like to be contacted. I have completed this contact preference form and
am filing it with the Office of Vital Records. I may change this contact preference form by
filling out and filing another contact preference form."
new text end

new text begin Subd. 3. new text end

new text begin Attachment of form to birth certificate; treatment. new text end

new text begin Upon receipt of a
completed contact preference form, the state registrar shall attach the completed form to
the original birth certificate of the adopted person. Access to a completed contact preference
form is governed in the same manner as access to original birth records by adopted persons
or persons related to adopted persons under section 144.2253.
new text end

Sec. 9.

Minnesota Statutes 2016, section 259.83, subdivision 1, is amended to read:

Subdivision 1.

Services provided.

Agencies shall provide assistance and counseling
services upon receiving a request for current information from adoptive parents, birth parents,
or adopted persons aged deleted text begin 19 deleted text end new text begin 18 new text end 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
provide services to adult genetic siblings if there is no known violation of the confidentiality
of a birth parent or if the birth parent gives written consent new text begin and no unrescinded affidavit of
nondisclosure is on file with the agency or the Department of Health as provided by this
section or section 259.89 new text end .

Sec. 10.

Minnesota Statutes 2016, section 259.83, subdivision 1a, is amended to read:

Subd. 1a.

Social and medical history.

(a) If a person aged deleted text begin 19 deleted text end new text begin 18 new text end years and over who
was adopted on or after August 1, 1994, or the adoptive parent requests the detailed
nonidentifying social and medical history of the adopted person's birth family that was
provided at the time of the adoption, agencies must provide the information to the adopted
person or adoptive parent on the form required under section 259.43.

(b) If an adopted person aged deleted text begin 19 deleted text end new text begin 18 new text end years and over or the adoptive parent requests the
agency to contact the adopted person's birth parents to request current nonidentifying social
and medical history of the adopted person's birth family, agencies must use the form required
under section 259.43 when obtaining the information for the adopted person or adoptive
parent.

Sec. 11.

Minnesota Statutes 2016, section 259.83, subdivision 1b, is amended to read:

Subd. 1b.

Genetic siblings.

(a) A person who is at least deleted text begin 19 deleted text end new text begin 18 new text end years old who was adopted
or, because of a termination of parental rights, was committed to the guardianship of the
commissioner of human services, whether adopted or not, must upon request be advised of
other siblings who were adopted or who were committed to the guardianship of the
commissioner of human services and not adopted.

(b) Assistance must be provided by the county or placing agency of the person requesting
information to the extent that information is available in the existing records at the
Department of Human Services. If the sibling received services from another agency, the
agencies must share necessary information in order to locate the other siblings and to offer
services, as requested. Upon the determination that parental rights with respect to another
sibling were terminated, identifying information and contact must be provided only upon
mutual consent. A reasonable fee may be imposed by the county or placing agency.

Sec. 12.

Minnesota Statutes 2016, section 259.83, subdivision 3, is amended to read:

Subd. 3.

Identifying information.

new text begin (a) new text end In adoptive placements made on and after August
1, 1982, new text begin and before January 1, 2019, 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
deleted text begin to the following deleted text end new text begin that new text end :

deleted text begin (a) that deleted text end new text begin (1) new text end 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;

deleted text begin (b) that deleted text end new text begin (2) new text end 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;

deleted text begin (c) that deleted text end new text begin (3) new text end 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;

deleted text begin (d) that deleted text end new text begin (4) new text end notwithstanding the filing of an affidavit, the adopted person may petition
the court according to deleted text begin section deleted text end new text begin sections new text end 259.61 new text begin and 259.89, subdivision 5a, new text end for release of
identifying information about a birth parent;

deleted text begin (e) that deleted text end new text begin (5) new text end 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

deleted text begin (f) that deleted text end new text begin (6) new text end 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.

new text begin (b) An agency shall release the identifying information described in this section to an
adopted person upon receipt from the adopted person of one of the following:
new text end

new text begin (1) a copy of the person's original birth record, issued by the commissioner of health;
new text end

new text begin (2) a certified copy of the certificate of death of the birth parent; or
new text end

new text begin (3) a certified copy of a court order authorizing the release of information subject to an
affidavit of nondisclosure previously filed with the commissioner of health or the agency.
new text end

Sec. 13.

Minnesota Statutes 2016, section 259.83, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Notice of right to file affidavit. new text end

new text begin In adoptive placements made on or after
January 1, 2019, the attorney or agency responsible for the adoptive placement or for
supervising the adoptive placement shall obtain from the birth parents named on the original
birth record an affidavit attesting that:
new text end

new text begin (1) 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 commissioner of health the release of the
adopted person's original birth record and to request from the involved agency the identifying
information described by section 259.83, subdivision 3;
new text end

new text begin (2) each birth parent may file with the Department of Health an affidavit of nondisclosure
as provided for by section 259.89;
new text end

new text begin (3) 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 commissioner of health
and the involved agency shall provide the adopted person with the original birth record and
the identifying information upon request;
new text end

new text begin (4) notwithstanding the filing of an affidavit, the adopted person may petition the court
according to sections 259.61 and 259.89, subdivision 5a, for release of the adopted person's
original birth record by the commissioner of health and the identifying information described
in section 259.83, subdivision 3, by the involved agency;
new text end

new text begin (5) if the adopted person petitions the court, the birth parent shall 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
new text end

new text begin (6) any affidavit of nondisclosure filed by the birth parent shall become invalid when
withdrawn by the birth parent or when the birth parent dies.
new text end

Sec. 14.

Minnesota Statutes 2016, section 259.83, subdivision 4, is amended to read:

Subd. 4.

Confidentiality.

Agencies shall provide adoptive parents, birth parents and
adult siblings, and adopted persons aged deleted text begin 19 deleted text end new text begin 18 new text end years and over reasonable assistance in a
manner consistent with state and federal laws, rules, and regulations regarding the
confidentiality and privacy of child welfare and adoption records.

Sec. 15.

Minnesota Statutes 2016, section 259.89, is amended to read:

259.89 ACCESS TO ORIGINAL BIRTH RECORD INFORMATION new text begin SUBJECT
TO AN AFFIDAVIT OF NONDISCLOSURE new text end .

Subdivision 1.

Request.

new text begin (a) new text end An adopted person who is deleted text begin 19 deleted text end new text begin 18 new text end years of age or over new text begin whose
original birth record is subject to an affidavit of nondisclosure on file with the Office of
Vital Records new text end may request the commissioner of health to deleted text begin disclose the information on the
adopted person's original birth record deleted text end new text begin initiate a search for the person or persons who filed
an affidavit, as provided for in this section for the purpose of obtaining consent to release
the original birth record new text end . The commissioner of health shall, within five days of receipt of
the request, notify the commissioner of human services' agent or licensed child-placing
agency when known, or the commissioner of human services when the agency is not known
in writing of the request by the adopted person. new text begin When notice to a licensed child-placing
agency is required to be given by the commissioner of human services, the notice shall be
given within 45 days of receipt of notice from the commissioner of health.
new text end

new text begin (b) An adopted person whose original birth certificate is subject to an affidavit filed with
an adoption agency pursuant to this section or an affidavit of nondisclosure filed with the
Department of Health on or after January 1, 2019, is exempt from the requirements of
subdivisions 2, 3, and 4.
new text end

Subd. 2.

Search.

Within six months after receiving notice of the request of the adopted
person, the commissioner of human services' agent or a licensed child-placing agency shall
make new text begin and new text end complete deleted text begin and deleted text end reasonable efforts to notify each parent identified on the original
birth record of the adopted deleted text begin person deleted text end new text begin person's request new text end . 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 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 when it is determined to be reasonable by the commissioner;
otherwise contact shall be by mail or telephone. The contact shall be evidenced by filing
with the commissioner of health an affidavit of notification executed by the person who
notified each parent certifying that each parent was given the following information:

(1) the nature of the information requested by the adopted person;

(2) the date of the request of the adopted person;

(3) the right of the parent to file new text begin with the commissioner of health new text end , within 30 days of
receipt of the notice, an affidavit deleted text begin with the commissioner of health deleted text end stating that the information
on the original birth record should not be disclosed;

new text begin (4) the right of the parent to file with the commissioner of health, within 30 days of
receipt of the notice, an affidavit stating that the information on the original birth record
should be disclosed;
new text end

deleted text begin (4) deleted text end new text begin (5) new text end the right of the parent to file a consent to disclosure with the commissioner of
health at any time; and

deleted text begin (5) deleted text end new text begin (6) new text end 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 new text begin ,
including the adopted person's right to petition the court for an order permitting disclosure new text end .

Subd. 3.

deleted text begin Failure to notify deleted text end new text begin Notice to new text end parent new text begin ; consent obtained or refused new text end .

deleted text begin If deleted text end new text begin Within
six months of receipt of notice from the commissioner of health or the commissioner of
human services, where applicable, new text end the commissioner of human services deleted text begin certifies deleted text end new text begin or an agent
shall certify new text end to the commissioner of health an inability to notify a parent identified on the
original birth record deleted text begin 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 new text begin of the adopted person's request or that the parent has been notified
and has consented to or refused consent to release of the requested information.
new 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

Subd. 4.

deleted text begin Release of information deleted text end new text begin Procedure new text end after notice.

new text begin (a) new text end If deleted text begin , within six months, deleted text end the
commissioner of human services' agent or licensed child-placing agency documents to the
commissioner of health notification of each parent identified on the original birth record
new text begin has consented to the release of the requested information new text end pursuant to subdivision deleted text begin 2 deleted text end new text begin 3 new text end , the
commissioner of health shall disclose the information requested by the adopted person new text begin not
later than new text end 31 days after the date of deleted text begin 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 deleted text end new text begin receipt of such documentation new text end . If only one
parent has deleted text begin filed a consent deleted text end new text begin consented new text end to disclosure deleted text begin and the consent has not been revoked deleted text end ,
the commissioner of health shall disclose, to the adopted person, original birth record
information on the consenting parent only.

new text begin (b) If, within six months, the commissioner of human services' agent or licensed
child-placing agency documents to the commissioner of health notification of each parent
identified on the original birth record has not consented to the release of the requested
information pursuant to subdivision 3, the commissioner of health shall notify the adopted
person. The adopted person may then petition the court for an order rescinding the affidavit
of nondisclosure and authorizing release of the original birth record.
new text end

deleted text begin Subd. 5. deleted text end

deleted text begin Death of parent. deleted text end

deleted text begin 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

new text begin Subd. 5a. new text end

new text begin Procedure for court petition. new text end

new text begin (a) Within ten days of the date of filing a
petition in district court for an order rescinding an affidavit of nondisclosure, the adopted
person shall file a copy of the petition with the Office of Vital Records. Within 30 days of
receipt of the petition with the Office of Vital Records, the state registrar shall forward a
copy of that petition to the commissioner of human services' agent or the involved licensed
child-placing agency for personal and confidential service on the involved birth parent.
Service shall be made no later than 30 days after receipt of the petition by the commissioner's
agent or the child-placing agency. The commissioner's agent or the child-placing agency
shall include with the petition a notice describing the requirements of this subdivision.
new text end

new text begin (b) Within 30 days of service of the petition, the birth parent may file with the
commissioner's agent of the child-placing agency an affidavit either:
new text end

new text begin (1) rescinding the affidavit of nondisclosure; or
new text end

new text begin (2) setting forth the basis why the affidavit of nondisclosure should remain in effect.
new text end

new text begin (c) Within ten days of receipt of the birth parent's statement, the commissioner's agent
or the child-placing agency shall serve on the petitioner and file with the court of record
copies of the birth parent's affidavit, if any. The affidavit served on the petitioner shall be
redacted to remove the name and location of the birth parent. The original, unredacted
affidavit shall be filed with the court, which shall treat the affidavit as confidential
information.
new text end

new text begin (d) The court shall schedule a date for a hearing on the adopted person's petition, to be
conducted in accordance with section 259.61. The hearing shall provide for an appearance
by the birth parent by telephone.
new text end

new text begin (e) The court shall grant an uncontested petition. The court shall grant a contested petition
unless, after consideration of the interests of all known persons involved, the court determines
that nondisclosure of the original birth record would be of greater benefit than the disclosure.
new 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

deleted text begin 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.
deleted text end

Subd. 7.

Adult adoptions.

Notwithstanding section 144.218, a person adopted as an
adult shall be permitted to access the person's birth records that existed prior to the adult
adoption. Access to the existing birth records shall be the same access that was permitted
prior to the adult adoption.

Sec. 16.

Minnesota Statutes 2016, section 260C.317, subdivision 4, is amended to read:

Subd. 4.

Rights of terminated parent.

(a) Upon entry of an order terminating the
parental rights of any person who is identified as a parent on the original birth record of the
child as to whom the parental rights are terminated, the court shall cause written notice to
be made to that person setting forth:

(1) the right of the person to file at any time with the state registrar of vital records a
consent to disclosure deleted text begin , as defined in section 144.212, subdivision 11 deleted text end ;

(2) the right of the person to file at any time with the state registrar of vital records an
affidavit stating that the information on the original birth record shall not be disclosed deleted text begin as
provided in section 144.2252 deleted text end ; and

(3) the effect of a failure to file either a consent to disclosure deleted text begin , as defined in section
144.212, subdivision 11, deleted text end or an affidavit stating that the information on the original birth
record shall not be disclosed.

(b) A parent whose rights are terminated under this section shall retain the ability to
enter into a contact or communication agreement under section 260C.619 if an agreement
is determined by the court to be in the best interests of the child. The agreement shall be
filed with the court at or prior to the time the child is adopted. An order for termination of
parental rights shall not be conditioned on an agreement under section 260C.619.

Sec. 17.

Minnesota Statutes 2016, section 260C.637, is amended to read:

260C.637 ACCESS TO ORIGINAL BIRTH RECORD INFORMATION.

An adopted person may ask the commissioner of health to disclose the information on
the adopted person's original birth record according to section deleted text begin 259.89 deleted text end new text begin 144.2253 new text end .

Sec. 18. new text begin INFORMATION PROVIDED; APPROPRIATION.
new text end

new text begin (a) The commissioner of health shall, in consultation with adoption agencies, provide
information and educational materials to adopted persons and birth parents about the changes
in the law affecting access to birth records.
new text end

new text begin (b) The commissioner of health shall provide notice on the Department of Health's Web
site about the change in the law. The commissioner of health or the commissioner's designee,
in consultation with adoption agencies and other interested parties, shall design and
implement a state and national public awareness campaign that the commissioner of health
considers sufficient to advise affected parties of the changes in law regarding access to
original birth records. $....... is appropriated in fiscal year 2018 from the general fund to the
commissioner of health for this purpose. Other state agencies shall cooperate with the
commissioner of health in the distribution of any materials furnished by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 144.212, subdivision 11; and 259.89, subdivisions 5
and 6, new text end new text begin are repealed.
new text end

Sec. 20. new text begin EFFECTIVE DATE.
new text end

new text begin Except as otherwise provided, this act is effective January 1, 2019.
new text end

APPENDIX

Repealed Minnesota Statutes: SF1284-0

144.212 DEFINITIONS.

Subd. 11.

Consent to disclosure.

"Consent to disclosure" means an affidavit filed with the state registrar which sets forth the following information:

(1) the current name and address of the affiant;

(2) any previous name by which the affiant was known;

(3) the original and adopted names, if known, of the adopted child whose original birth record is to be disclosed;

(4) the place and date of birth of the adopted child;

(5) the biological relationship of the affiant to the adopted child; and

(6) the affiant's consent to disclosure of information from the original birth record of the adopted child.

259.89 ACCESS TO ORIGINAL BIRTH RECORD INFORMATION.

Subd. 5.

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.

Subd. 6.

Determination of eligibility for enrollment or membership in a federally recognized American Indian tribe.

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.