SF 2106

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2023 09:20am

A bill for an act
relating to health; adding biological fathers' eligibility to request Minnesota Fathers'
Adoption Registry search; adding putative father and legal father to the
classification of data on the father's adoption registry; amending Minnesota Statutes
2022, section 259.52, subdivisions 2, 4.

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

Section 1.

Minnesota Statutes 2022, section 259.52, subdivision 2, is amended to read:

Subd. 2.

Requirement to search registry before adoption petition can be granted;
proof of search.

No petition for adoption may be granted unless the agency supervising
the adoptive placement, the birth mother of the child, new text begin the putative father who registered, new text end or,
in the case of a stepparent or relative adoption, new text begin the legal father, or new text end the county agency
responsible for the report required under section 259.53, subdivision 1, requests that the
commissioner of health search the registry to determine whether a putative father is registered
in relation to a child who is or may be the subject of an adoption petition. The search required
by this subdivision must be conducted no sooner than 31 days following the birth of the
child. A search of the registry may be proven by the production of a certified copy of the
registration form or by a certified statement of the commissioner of health that after a search
no registration of a putative father in relation to a child who is or may be the subject of an
adoption petition could be located. The filing of a certified copy of an order from a juvenile
protection matter under chapter 260C containing a finding that certification of the requisite
search of the Minnesota Fathers' Adoption Registry was filed with the court in that matter
shall also constitute proof of search. Certification that the Minnesota Fathers' Adoption
Registry has been searched must be filed with the court prior to entry of any final order of
adoption. In addition to the search required by this subdivision, the agency supervising the
adoptive placement, the birth mother of the child, or, in the case of a stepparent or relative
adoption, the social services agency responsible for the report under section 259.53,
subdivision 1, or the responsible social services agency that is a petitioner in a juvenile
protection matter under chapter 260C may request that the commissioner of health search
the registry at any time. Search requirements of this section do not apply when the responsible
social services agency is proceeding under Safe Place for Newborns, section 260C.139.

Sec. 2.

Minnesota Statutes 2022, section 259.52, subdivision 4, is amended to read:

Subd. 4.

Classification of registry data.

Data in the fathers' adoption registry, including
all data provided in requesting the search of the registry, are private data on individuals, as
defined in section 13.02, subdivision 2, and are nonpublic data with respect to data not on
individuals, as defined in section 13.02, subdivision 9. Data in the registry may be released
to:

(1) a person who is required to search the registry under subdivision 2, if the data relate
to the child who is or may be the subject of the adoption petition;

(2) the mother of the child listed on the putative father's registration form who the
commissioner of health is required to notify under subdivision 1, paragraph (c);

new text begin (3) the putative father who registered himself or the legal father;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end a public authority as provided in subdivision 3; or

deleted text begin (4) deleted text end new text begin (5) new text end an attorney who has signed an affidavit from the commissioner of health attesting
that the attorney represents the birth mother new text begin , the putative or legal father, new text end or the prospective
adoptive parents.

A person who receives data under this subdivision may use the data only for purposes
authorized under this section or other law.