SF 2458

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

  1.1                          A bill for an act 
  1.2             relating to data practices; authorizing the release of 
  1.3             certain birth information on unwed mothers to family 
  1.4             service collaboratives; amending Minnesota Statutes 
  1.5             1994, section 144.225, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 144.225, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [DATA ABOUT BIRTHS.] (a) Except as otherwise 
  1.10  provided in this subdivision, data pertaining to the birth of a 
  1.11  child, to a woman who was not married to the child's father when 
  1.12  the child was conceived nor when the child was born, including 
  1.13  the original certificate of birth and the certified copy, are 
  1.14  confidential data.  At the time of the birth of a child to a 
  1.15  woman who was not married to the child's father when the child 
  1.16  was conceived nor when the child was born, the mother may 
  1.17  designate on the birth registration form whether data pertaining 
  1.18  to the birth will be public data.  Notwithstanding the 
  1.19  designation of the data as confidential, it may be disclosed to 
  1.20  a parent or guardian of the child, to the child when the child 
  1.21  is 18 years of age or older, pursuant to a court order, or under 
  1.22  paragraph (b). 
  1.23     (b) Unless the child is adopted, data pertaining to the 
  1.24  birth of a child that are not accessible to the public become 
  1.25  public data if 100 years have elapsed since the birth of the 
  2.1   child who is the subject of the data, or as provided under 
  2.2   section 13.10, whichever occurs first. 
  2.3      (c) If a child is adopted, data pertaining to the child's 
  2.4   birth are governed by the provisions relating to adoption 
  2.5   records, including sections 13.10, subdivision 5; 144.1761; 
  2.6   144.218, subdivision 1; and 259.89.  The birth and death records 
  2.7   of the commissioner of health shall be open to inspection by the 
  2.8   commissioner of human services and it shall not be necessary for 
  2.9   the commissioner of human services to obtain an order of the 
  2.10  court in order to inspect records or to secure certified copies 
  2.11  of them.  
  2.12     (d) The name and address of a mother under paragraph (a) 
  2.13  and the child's date of birth may be disclosed to a family 
  2.14  services collaborative for purposes of providing services under 
  2.15  section 121.8355.