as introduced - 81st Legislature (1999 - 2000) 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 1998, section 259.89, 1.5 subdivisions 1, 4, 5, and by adding a subdivision; 1.6 proposing coding for new law in Minnesota Statutes, 1.7 chapter 259; repealing Minnesota Statutes 1998, 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 1998, section 259.89, 1.11 subdivision 1, is amended to read: 1.12 Subdivision 1. [REQUEST.] An adopted person who is 19 1.13 years of age or over may request the commissioner of health to 1.14 disclose the information on or release a photocopy of the 1.15 adopted person's original birth certificate. The commissioner1.16of health shall, within five days of receipt of the request,1.17notify the commissioner of human services in writing of the1.18request by the adopted person, a copy of the consent to 1.19 disclosure filed by the parent, or the affidavit of disclosure 1.20 regarding the birth father's address. 1.21 Sec. 2. Minnesota Statutes 1998, section 259.89, is 1.22 amended by adding a subdivision to read: 1.23 Subd. 1a. [AFFIDAVIT OBJECTING TO THE RELEASE OF 1.24 INFORMATION.] A parent identified on the original birth 1.25 certificate may file with the commissioner of health an 1.26 affidavit objecting to the release of information regarding the 1.27 parent's identity. If one parent identified on the original 2.1 birth certificate has filed an unrevoked affidavit objecting to 2.2 the release of information, the commissioner of health shall not 2.3 release to the adopted person original birth certificate 2.4 information on that parent. 2.5 Notwithstanding the filing of an affidavit objecting to the 2.6 release of information, the adopted person may petition the 2.7 court pursuant to section 259.61 for a release of identifying 2.8 information about a birth parent. 2.9 A parent identified on the original birth certificate may 2.10 revoke the affidavit objecting to the release of information at 2.11 any time by filing with the commissioner of health a consent to 2.12 disclosure. 2.13 Sec. 3. Minnesota Statutes 1998, section 259.89, 2.14 subdivision 4, is amended to read: 2.15 Subd. 4. [RELEASE OF INFORMATIONAFTER NOTICE.]If, within2.16six months, the commissioner of human services certifies to the2.17commissioner of health notification of each parent identified on2.18the original birth certificate pursuant to subdivision 2, the2.19commissioner of health shall disclose the information requested2.20by the adopted person 31 days after the date of the latest2.21notice to either parent. This disclosure will occur if, at any2.22time during the 31 days both of the parents identified on the2.23original birth certificate have filed a consent to disclosure2.24with the commissioner of health and neither consent to2.25disclosure has been revoked by the subsequent filing by a parent2.26of an affidavit stating that the information should not be2.27disclosed. If only one parent has filed a consent to disclosure2.28and the consent has not been revoked, the commissioner of health2.29shall disclose, to the adopted person, original birth2.30certificate information on the consenting parent only.(a) The 2.31 commissioner of health shall release a copy of the original 2.32 birth certificate to the adopted person unless a birth parent 2.33 has filed an affidavit objecting to the release of information. 2.34 If one parent has filed an unrevoked affidavit objecting to the 2.35 release of information under subdivision 1a, the commissioner 2.36 shall release to the adopted person only original birth 3.1 certificate information about the other parent. 3.2 (b) When releasing a birth certificate or the information 3.3 on it pursuant to this subdivision, the commissioner of health 3.4 shall include copies of any materials described in this 3.5 paragraph. The commissioner of health shall prepare and provide 3.6 for distribution under this paragraph: 3.7 (i) a summary sheet of key issues that may affect the 3.8 reunification of adopted persons and birth parents; and 3.9 (ii) a list of agencies or individuals who provide 3.10 intermediary services for the reunification of adopted persons 3.11 and birth parents. The agencies and individuals on the list 3.12 shall consist of those who notify the commissioner of health 3.13 that they wish to be included on the list. The commissioner of 3.14 health shall update the list annually. 3.15 Sec. 4. Minnesota Statutes 1998, section 259.89, 3.16 subdivision 5, is amended to read: 3.17 Subd. 5. [DEATH OF PARENT.]Notwithstanding the provisions3.18of subdivisions 3 and 4,If a parent named on the original birth 3.19 certificate of an adopted person has died,and at any timethe 3.20 commissioner of health shall disclose the information on the 3.21 original birth certificate as requested by the adopted person, 3.22 notwithstanding that prior to the death the parenthasfiled an 3.23 unrevoked affidavit with the commissioner of health stating that 3.24 the informationon the original birth certificateshould not be 3.25 disclosed, the adopted person may petition the court of original3.26jurisdiction of the adoption proceeding for disclosure of the3.27original birth certificate pursuant to section 259.61. The3.28court shall grant the petition if, after consideration of the3.29interests of all known persons involved, the court determines3.30that disclosure of the information would be of greater benefit3.31than nondisclosure. The commissioner of health is not required 3.32 to search outside this state for proof of any death that may 3.33 have occurred outside this state. 3.34 Sec. 5. [259.90] [NOTICE TO PUBLIC.] 3.35 The commissioner of health shall inform the public and all 3.36 adoption agencies of the provisions of this act. Agencies shall 4.1 notify their clients of the provisions of this act as contacts 4.2 are made with them. 4.3 Sec. 6. [REPEALER.] 4.4 Minnesota Statutes 1998, section 259.89, subdivisions 2 and 4.5 3, are repealed. 4.6 Sec. 7. [APPROPRIATION.] 4.7 $....... is appropriated to the commissioner of health from 4.8 the general fund for purposes of section 5. This appropriation 4.9 is available until June 30, 2000. 4.10 Sec. 8. [EFFECTIVE DATE.] 4.11 Sections 1 to 4 and 6 are effective August 1, 1999. 4.12 Sections 5 and 7 are effective the day following final enactment.