SF 1825

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; providing for greater finality 
  1.3             of certain adoptions; creating more flexibility in the 
  1.4             adoption process; amending Minnesota Statutes 1994, 
  1.5             sections 257.57, by adding a subdivision; 259.22, 
  1.6             subdivision 2; 259.24, subdivision 6a; 259.49, by 
  1.7             adding a subdivision; and 259.57, by adding 
  1.8             subdivisions. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 257.57, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 7.  [CHILD PLACED FOR ADOPTION.] If the child has 
  1.13  been placed for adoption, an action may not be brought unless 
  1.14  section 259.51 has been complied with, if applicable. 
  1.15     Sec. 2.  Minnesota Statutes 1994, section 259.22, 
  1.16  subdivision 2, is amended to read: 
  1.17     Subd. 2.  No petition for adoption shall be filed unless 
  1.18  the child sought to be adopted has been placed by the 
  1.19  commissioner of human services, the commissioner's agent, or a 
  1.20  licensed child-placing agency.  The provisions of this 
  1.21  subdivision shall not apply if 
  1.22     (a) the child is over 14 years of age; 
  1.23     (b) the child is sought to be adopted by a stepparent; 
  1.24     (c) the child is sought to be adopted by a relative related 
  1.25  by blood or marriage within the third degree; 
  1.26     (d) the child has been lawfully placed under the laws of 
  1.27  another state while the child and petitioner resided in that 
  2.1   other state; 
  2.2      (e) the court waives the requirement of this subdivision in 
  2.3   the best interests of the child or petitioners, provided that 
  2.4   the adoption does not involve a placement as defined in section 
  2.5   259.21, subdivision 8; or 
  2.6      (f) the child has been lawfully placed under section 259.47.
  2.7      Sec. 3.  Minnesota Statutes 1994, section 259.24, 
  2.8   subdivision 6a, is amended to read: 
  2.9      Subd. 6a.  [WITHDRAWAL OF CONSENT.] A parent's consent to 
  2.10  adoption may be withdrawn for any reason within ten working days 
  2.11  after the consent is executed and acknowledged.  Written 
  2.12  notification of withdrawal of consent must be received by the 
  2.13  agency to which the child was surrendered no later than the 
  2.14  tenth working day after the consent is executed and 
  2.15  acknowledged.  On the day following the tenth working day after 
  2.16  execution and acknowledgment, the consent shall become 
  2.17  irrevocable, except upon order of a court of competent 
  2.18  jurisdiction after written findings that consent was obtained by 
  2.19  fraud.  In proceedings to determine the existence of fraud, the 
  2.20  adoptive parents and the child shall be made parties.  The 
  2.21  proceedings shall be conducted to preserve the confidentiality 
  2.22  of the adoption process.  There shall be no presumption in the 
  2.23  proceedings favoring the birth parents over the adoptive parents.
  2.24     A finding of fraud does not prevent a court from entering a 
  2.25  decree of adoption if it finds adoption to be in the best 
  2.26  interests of the child.  If an adoption is found not to be in 
  2.27  the child's best interests, the court shall award custody of the 
  2.28  child based on the child's best interests. 
  2.29     Sec. 4.  Minnesota Statutes 1994, section 259.49, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 4.  [CONTENT OF NOTICE] Written notice to a person 
  2.32  entitled to notice under subdivision 1 must state that the 
  2.33  person notified may present proof as to the best interests of 
  2.34  the child.  The notice and opportunity to be heard does not 
  2.35  prevent a court from entering a decree of adoption if it finds 
  2.36  adoption to be in the best interests of the child, whether or 
  3.1   not the person notified consents to the adoption. 
  3.2      Sec. 5.  Minnesota Statutes 1994, section 259.57, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 4.  [FINALITY OF DECREE.] A decree of adoption is a 
  3.5   final order for purposes of appeal when it is signed and becomes 
  3.6   final for other purposes upon the expiration of the time for 
  3.7   filing an appeal if no appeal is filed, or upon the denial or 
  3.8   dismissal of any appeal filed within the requisite time. 
  3.9      Sec. 6.  Minnesota Statutes 1994, section 259.57, is 
  3.10  amended by adding a subdivision to read: 
  3.11     Subd. 5.  [CHALLENGES TO DECREE.] (a) An appeal from a 
  3.12  decree of adoption or other appealable order issued under this 
  3.13  chapter must be heard expeditiously. 
  3.14     (b) A decree or order issued under this chapter may not be 
  3.15  vacated or annulled upon application of a person who was not 
  3.16  entitled to notice of the adoption proceeding, or who was 
  3.17  properly served with notice and failed to respond, appear, or 
  3.18  file a response to the notice. 
  3.19     (c) A decree of adoption or other order issued under this 
  3.20  chapter is not subject to a challenge begun more than three 
  3.21  months after the decree or order is issued.  If a challenge is 
  3.22  brought by an individual whose parental relationship to an 
  3.23  adoptee is terminated by the decree or by court order, the court 
  3.24  shall deny the challenge, unless the court finds by clear and 
  3.25  convincing evidence that the decree or order is not in the best 
  3.26  interests of the adoptee.