SF 4860

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/26/2024 10:03am

A bill for an act
relating to state government; modifying vital records provisions; amending
Minnesota Statutes 2022, sections 144.212, by adding a subdivision; 144.216,
subdivision 2, by adding subdivisions; 144.218, by adding a subdivision; 259.52,
subdivisions 2, 4; repealing Minnesota Statutes 2022, section 144.218, subdivision
3.

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

Section 1.

Minnesota Statutes 2022, section 144.212, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Replacement. new text end

new text begin "Replacement" means a completion, addition, removal, or
change made to certification items on a vital record after a vital event is registered and a
record is established that has no notation of a change on a certificate, and seals the prior
vital record.
new text end

Sec. 2.

Minnesota Statutes 2022, section 144.216, subdivision 2, is amended to read:

Subd. 2.

Status of foundling reports.

A report registered under subdivision 1 shall
constitute the record of birth for the child. new text begin Information about the newborn shall be registered
by the state registrar in accordance with Minnesota Rules, part 4601.0600, subpart 4, item
C. new text end If the child is identified and a record of birth is found or obtained, the report registered
under subdivision 1 shall be confidential pursuant to section 13.02, subdivision 3, and shall
not be disclosed except pursuant to court order.

Sec. 3.

Minnesota Statutes 2022, section 144.216, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Reporting safe place newborns. new text end

new text begin Hospitals that receive a newborn under section
145.902 shall report the birth of the newborn to the Office of Vital Records within five days
after receiving the newborn. Information about the newborn shall be registered by the state
registrar in accordance with Minnesota Rules, part 4601.0600, subpart 4, item C.
new text end

Sec. 4.

Minnesota Statutes 2022, section 144.216, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Status of safe place birth reports and registrations. new text end

new text begin (a) Information about a
safe place newborn registered under subdivision 3 shall constitute the record of birth for
the child. The record shall be confidential pursuant to section 13.02, subdivision 3.
Information on the birth record or a birth certificate issued from the birth record shall be
disclosed only to the responsible social services agency or pursuant to a court order.
new text end

new text begin (b) Information about a safe place newborn registered under subdivision 3, shall constitute
the record of birth for the child. If the safe place newborn was born in a hospital and it is
known that a record of birth was registered, filed, or amended, the original birth record
registered under section 144.215 shall be replaced pursuant to section 144.218, subdivision
6.
new text end

Sec. 5.

Minnesota Statutes 2022, section 144.218, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Safe place newborn; birth record. new text end

new text begin If a safe place infant birth is registered
pursuant to section 144.216, subdivision 4, paragraph (b), the state registrar shall issue a
replacement birth record free of information which identifies a parent. The prior vital record
shall be confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed
except pursuant to a court order.
new text end

Sec. 6.

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 or
the legal father, new text end or, in the case of a stepparent or relative adoption, 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. 7.

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

Subd. 4.

Classification of registry data.

new text begin (a) new text end 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);

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

new text begin (b) new text end A person who receives data under this subdivision may use the data only for purposes
authorized under this section or other law.

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 144.218, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-05315

144.218 REPLACEMENT BIRTH RECORDS.

Subd. 3.

Subsequent marriage of birth parents.

If, in cases in which a record of birth has been registered pursuant to section 144.215 and the birth parents of the child marry after the birth of the child, a replacement record of birth shall be registered upon presentation of a certified copy of the marriage certificate of the birth parents, and either a recognition of parentage or court adjudication of paternity. The original record of birth is confidential, pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order.