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SF 2132

as introduced - 89th Legislature (2015 - 2016) Posted on 03/29/2016 04:14pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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 2014, 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.637; proposing coding for new law
in Minnesota Statutes, chapters 144; 259; repealing Minnesota Statutes 2014,
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 2014, 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 sectionsnew text begin 144.2253,new text end 259.53, 259.61,
259.79, and 259.83 to 259.89.

Sec. 2.

Minnesota Statutes 2014, 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 begin259.89deleted text endnew text begin 144.2253new text end.

Sec. 3.

Minnesota Statutes 2014, 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 beginordeleted text endnew text begin,new text end
section 144.2252new text begin, or 144.2253new 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 2014, 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, general assistance medical
care, 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 2014, 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 begin259.89deleted text endnew text begin 144.2253new text end.

(b) The state registrar shall provide a transcript of an adopted person's original birth
recordnew text begin, including any record subject to an affidavit of nondisclosurenew text end to an authorized
representative of a federally recognized American Indian tribe for the sole purpose of
determining deleted text beginthe adopted person'sdeleted text end eligibility for enrollment deleted text beginordeleted text endnew text begin,new text end membershipnew 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 begin259.83deleted text endnew text begin 144.2253new 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 2014, 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 2014, 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 begin19deleted text endnew text begin 18new 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 consentnew 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 2014, section 259.83, subdivision 1a, is amended to read:


Subd. 1a.

Social and medical history.

(a) If a person aged deleted text begin19deleted text endnew text begin 18new 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 begin19deleted text endnew text begin 18new 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 2014, section 259.83, subdivision 1b, is amended to read:


Subd. 1b.

Genetic siblings.

(a) A person who is at least deleted text begin19deleted text endnew text begin 18new 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 2014, section 259.83, subdivision 3, is amended to read:


Subd. 3.

Identifying information.

new text begin(a) new text endIn adoptive placements made on and after
August 1, 1982, new text beginand before January 1, 2017, new text endthe agency responsible for or supervising
the placement shall obtain from the birth parents named on the original birth record an
affidavit attesting deleted text beginto the followingdeleted text endnew text begin thatnew text end:

deleted text begin (a) thatdeleted text endnew 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) thatdeleted text endnew 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) thatdeleted text endnew 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) thatdeleted text endnew text begin (4)new text end notwithstanding the filing of an affidavit, the adopted person may petition
the court according to deleted text beginsectiondeleted text endnew text begin sections new text end 259.61 new text beginand 259.89, subdivision 5a, new text endfor release of
identifying information about a birth parent;

deleted text begin (e) thatdeleted text endnew 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) thatdeleted text endnew 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 2014, 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, 2017, 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 2014, 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 begin19deleted text endnew text begin 18new 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 2014, section 259.89, is amended to read:


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

Subdivision 1.

Request.

new text begin(a) new text endAn adopted person who is deleted text begin19deleted text endnew text begin 18new text end years of age or overnew 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 begindisclose the information on the
adopted person's original birth record
deleted text endnew 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, 2017, 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 beginand new text endcomplete deleted text beginanddeleted text end reasonable efforts to notify each parent identified
on the original birth record of the adopted deleted text beginpersondeleted text endnew text begin person's requestnew 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 filenew text begin with the commissioner of healthnew text end, within 30 days
of receipt of the notice, an affidavit deleted text beginwith the commissioner of healthdeleted 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 endnew 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 endnew 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 disclosednew text begin,
including the adopted person's right to petition the court for an order permitting disclosure
new text end.

Subd. 3.

deleted text beginFailure to notifydeleted text endnew text begin Notice tonew text end parentnew text begin; consent obtained or refusednew text end.

deleted text beginIfdeleted text endnew 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 begincertifiesdeleted text endnew 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 beginwithin 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 endnew 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 beginRelease of informationdeleted text endnew text begin Procedurenew text end after notice.

new text begin(a) new text endIfdeleted 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 beginhas consented to the release of the requested information new text endpursuant to subdivision
deleted text begin2deleted text endnew text begin 3new text end, the commissioner of health shall disclose the information requested by the adopted
personnew text begin not later thannew text end 31 days after the date of deleted text beginthe 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 endnew text begin receipt of such
documentation
new text end. If only one parent has deleted text beginfiled a consentdeleted text endnew text begin consentednew text end to disclosure deleted text beginand 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 2014, 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 begin259.89deleted text endnew text begin 144.2253new text end.

Sec. 17. new text beginINFORMATION PROVIDED; APPROPRIATION.
new text end

new text begin (a) The department 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 department shall provide notice on the department Web site about the change
in the law. The department or its designee, in consultation with adoption agencies and
other interested parties, shall design and implement a state and national public awareness
campaign that the department considers sufficient to advise affected parties of the changes
in law regarding access to original birth records. $....... is appropriated in fiscal year
2016 from the general fund to the commissioner of health for this purpose. Other state
agencies shall cooperate with the department in the distribution of any materials furnished
by the department.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 144.212, subdivision 11; and 259.89, subdivisions
5 and 6,
new text end new text begin are repealed.
new text end

Sec. 19. new text beginEFFECTIVE DATE.
new text end

new text begin Except as otherwise provided, this act is effective January 1, 2017.
new text end