SF 2949

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to adoption; modifying conditions for open 
  1.3             adoption agreements; amending Minnesota Statutes 1997 
  1.4             Supplement, section 259.58. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.7   259.58, is amended to read: 
  1.8      259.58 [COMMUNICATION OR CONTACT AGREEMENTS.] 
  1.9      Adoptive parents and a birth relative may enter an 
  1.10  agreement regarding communication with or contact between an 
  1.11  adopted minor, adoptive parents, and a birth relative under this 
  1.12  section.  An agreement may be entered between: 
  1.13     (1) adoptive parents and a birth parent; 
  1.14     (2) adoptive parents and a any other birth relative with 
  1.15  whom the child resided before being adopted; or 
  1.16     (2) (3) adoptive parents and any other birth relative if 
  1.17  the child is adopted by a birth relative upon the death of both 
  1.18  birth parents. 
  1.19     For purposes of this section, "birth relative" means a 
  1.20  parent, stepparent, grandparent, brother, sister, uncle, or aunt 
  1.21  of a minor adoptee.  This relationship may be by blood or 
  1.22  marriage.  For an Indian child, birth relative includes members 
  1.23  of the extended family as defined by the law or custom of the 
  1.24  Indian child's tribe or, in the absence of laws or custom, 
  1.25  nieces, nephews, or first or second cousins, as provided in the 
  2.1   Indian Child Welfare Act, United States Code, title 25, section 
  2.2   1903.  
  2.3      (a) An agreement regarding communication with or contact 
  2.4   between minor adoptees, adoptive parents, and a birth relative 
  2.5   is not legally enforceable unless the terms of the agreement are 
  2.6   contained in a written court order entered in accordance with 
  2.7   this section.  An order must be sought at the same time a 
  2.8   petition for adoption is filed.  The court shall not enter a 
  2.9   proposed order unless the terms of the order have been approved 
  2.10  in writing by the prospective adoptive parents, a birth relative 
  2.11  who desires to be a party to the agreement, and, if the child is 
  2.12  in the custody of or under the guardianship of an agency, a 
  2.13  representative of the agency.  An agreement under this section 
  2.14  need not disclose the identity of the parties to be legally 
  2.15  enforceable.  The court shall not enter a proposed order unless 
  2.16  the court finds that the communication or contact between the 
  2.17  minor adoptee, the adoptive parents, and a birth relative as 
  2.18  agreed upon and contained in the proposed order would be in the 
  2.19  minor adoptee's best interests. 
  2.20     (b) Failure to comply with the terms of an agreed order 
  2.21  regarding communication or contact that has been entered by the 
  2.22  court under this section is not grounds for: 
  2.23     (1) setting aside an adoption decree; or 
  2.24     (2) revocation of a written consent to an adoption after 
  2.25  that consent has become irrevocable. 
  2.26     (c) An agreed order entered under this section may be 
  2.27  enforced by filing a petition or motion with the family court 
  2.28  that includes a certified copy of the order granting the 
  2.29  communication, contact, or visitation, but only if the petition 
  2.30  or motion is accompanied by an affidavit that the parties have 
  2.31  mediated or attempted to mediate any dispute under the agreement 
  2.32  or that the parties agree to a proposed modification.  The 
  2.33  prevailing party may be awarded reasonable attorney's fees and 
  2.34  costs.  The court shall not modify an agreed order under this 
  2.35  section unless it finds that the modification is necessary to 
  2.36  serve the best interests of the minor adoptee, and: 
  3.1      (1) the modification is agreed to by the adoptive parent 
  3.2   and the birth relative; or 
  3.3      (2) exceptional circumstances have arisen since the agreed 
  3.4   order was entered that justify modification of the order. 
  3.5      Sec. 2.  [EFFECTIVE DATE.] 
  3.6      Section 1 is effective retroactive to July 1, 1997, and 
  3.7   applies to communication or contact agreements entered into on 
  3.8   or after that date.