Office of the Revisor of Statutes
MINNESOTA COURT RULES
JUVENILE COURT
Minnesota Rules of Adoption Procedure
MINNESOTA RULES OF ADOPTION PROCEDURE
Rules effective January 1, 2005
With amendments effective January 1, 2025
TABLE OF HEADNOTES
RULE 3. APPLICABILITY OF OTHER RULES AND STATUTES
| 3.01 | Rules of Civil Procedure | |
| 3.02 | Rules of Evidence | |
| 3.03 | Rules of Guardian Ad Litem Procedure | |
| 3.04 | Indian Child Welfare Act and Other Minnesota Statutes | |
| 3.05 | Court Interpreter Statutes, Rules, and Court Policies | |
| 3.06 | Interstate Compact on the Placement of Children | |
| 3.07 | Human Services Licensing Act | |
| 3.08 | Review of Progress Toward Adoption of Children Under State Guardianship | |
| 3.09 | General Rules of Practice for the District Courts |
RULE 4. TIME; TIMELINES
| 4.01 | Computation of Time | |
| 4.02 | Additional Time After Service by U.S. Mail or Other Means |
RULE 6. REFEREES AND JUDGES
| 6.01 | Referee Authorization to Hear Matter | |
| 6.02 | Objection to Referee Presiding Over Matter | |
| 6.03 | Transmittal of Referee's Findings and Recommended Order | |
| 6.04 | Review of Referee's Findings and Recommended Order | |
| 6.05 | Order of the Court | |
| 6.06 | Removal of Judge |
RULE 7. ACCESS TO ADOPTION CASE RECORDS AND BIRTH RECORD INFORMATION
| 7.01 | Access to Adoption Case Records Limited | |
| 7.02 | Petition to Access Adoption Case Records and Birth Record Information | |
| 7.03 | Stepparent Adoption | |
| 7.04 | Disclosure to Employer and Military Prohibited | |
| 7.05 | Protective Order | |
| 7.06 | Suitability of Proposed Adoptive Parents | |
| 7.07 | Release of Identifying Information | |
| 7.08 | Access to Original Birth Record Information; Decision | |
| 7.09 | Information to Adopted Persons and Others About Access to Birth and Adoption Records |
RULE 8. PRESENCE AT HEARINGS
| 8.01 | Attendance at Hearings | |
| 8.02 | Absence Does Not Bar Hearing | |
| 8.03 | Exclusion of Persons Who Have Right to Attend Hearings | |
| 8.04 | Record of Exclusion and Right to Continued Participation |
RULE 10. ORDERS
| 10.01 | Written or Oral Orders | |
| 10.02 | Immediate Effect of Oral Order | |
| 10.03 | Service | |
| 10.04 | Notice of Filing of Order and Adoption Decree |
RULE 12. USE OF TELEPHONE AND REMOTE TECHNOLOGY
| 12.01 | Motions and Conferences | |
| 12.02 | Adoption Proceedings |
RULE 13. SUBPOENAS
| 13.01 | Subpoena for a Hearing or Trial | |
| 13.02 | Form; Purpose; Notice | |
| 13.03 | Service | |
| 13.04 | Motion to Quash a Subpoena | |
| 13.05 | Objection | |
| 13.06 | Subpoena for Taking Deposition; Place of Deposition | |
| 13.07 | Expenses | |
| 13.08 | Failure to Appear |
RULE 14. CONTEMPT
| 14.01 | Initiation | |
| 14.02 | Supporting and Responsive Affidavits | |
| 14.03 | Hearing | |
| 14.04 | Sentencing |
RULE 16. SIGNING OF PLEADINGS, MOTIONS, AND OTHER DOCUMENTS; SANCTIONS
| 16.01 | Signing of Pleadings, Motions, and Other Documents | |
| 16.02 | Sanctions |
RULE 19. SETTLEMENT
| 19.01 | Generally | |
| 19.02 | Partial Settlement | |
| 19.03 | Content of Settlement Agreement | |
| 19.04 | Procedure |
RULE 21. INTERVENTION
| 21.01 | Intervention of Right | |
| 21.02 | Parent Intervention Prohibited | |
| 21.03 | Permissive Intervention | |
| 21.04 | Effect of Intervention |
RULE 23. RIGHT TO REPRESENTATION; APPOINTMENT OF COUNSEL
| 23.01 | Right to Representation | |
| 23.02 | Appointment of Counsel | |
| 23.03 | Representation of Responsible Social Services Agency | |
| 23.04 | Biological Parent Counsel in Direct Placement Adoption | |
| 23.05 | Certificate of Representation | |
| 23.06 | Withdrawal of Counsel | |
| 23.07 | Appointment of Counsel in Adoption Involving an Indian Child |
RULE 25. METHODS OF FILING AND SERVICE
| 25.01 | Types of Filing | |
| 25.02 | Types of Service | |
| 25.03 | Service by Electronic Means | |
| 25.04 | Service Upon Counsel; Social Services Agency | |
| 25.05 | Service of Subpoena | |
| 25.06 | Completion of Service | |
| 25.07 | Proof of Service |
RULE 26. COMMENCEMENT OF ADOPTION MATTER
| 26.01 | Commencement of an Adoption Matter | |
| 26.02 | Post-Permanency Review Hearings Continue |
RULE 27. STEPPARENT ADOPTION
RULE 28. AGENCY ADOPTION
RULE 29. DIRECT PLACEMENT ADOPTION
| 29.01 | Notice of Motion and Motion for a Preadoptive Custody Order | |
| 29.02 | Timing | |
| 29.03 | Content | |
| 29.04 | Decision and Order |
RULE 30. INTERCOUNTRY ADOPTIONS
| 30.01 | Adoption of a Child by a Resident of Minnesota Under the Laws of a Foreign Country | |
| 30.02 | Adoption Under the Laws of Minnesota of a Child Born in Another Country | |
| 30.03 | Post-Adoption Report |
RULE 31. NOTICE OF FINAL HEARING OR TRIAL
| 31.01 | Notice | |
| 31.02 | Notice Not Required | |
| 31.03 | Content of Notice of Hearing | |
| 31.04 | Service of Notice of Hearing |
RULE 32. MINNESOTA FATHERS' ADOPTION REGISTRY
| 32.01 | Requirement to Search Minnesota Fathers' Adoption Registry Before Adoption Petition Granted; Proof of Search | |
| 32.02 | Fees for Minnesota Fathers' Adoption Registry |
RULE 33. CONSENT TO ADOPTION
| 33.01 | Persons and Agencies Required to Consent | |
| 33.02 | Notice of Intent to Consent to Adoption | |
| 33.03 | Execution of Consent to Adoption | |
| 33.04 | Timing of Consent | |
| 33.05 | Failure to Execute Consent | |
| 33.06 | Agreement Conferring Authority to Place for Adoption | |
| 33.07 | Consent to a Direct Placement Adoption Under Minnesota Statutes, Section 259.47 | |
| 33.08 | Revocation of Consent to Adoption of a Non-Indian Child Under Minnesota Statutes, Section 259.24 | |
| 33.09 | Consent to Adoption of an Indian Child |
RULE 34. COMMUNICATION OR CONTACT AGREEMENT
| 34.01 | Persons Who May Enter Into a Communication or Contact Agreement | |
| 34.02 | Filing of Agreement | |
| 34.03 | Written Order Required | |
| 34.04 | Timing | |
| 34.05 | Requirements for Entry of Order | |
| 34.06 | Service of Order | |
| 34.07 | Enforcement | |
| 34.08 | Failure to Comply with Order | |
| 34.09 | Modification |
RULE 35. PETITION
| 35.01 | Who May Petition; Residency of Petitioner | |
| 35.02 | Residency of Child to be Adopted | |
| 35.03 | Timing | |
| 35.04 | Conditions for Filing Petition for Adoption of a Child; Exceptions | |
| 35.05 | Content | |
| 35.06 | Verification; Signatures | |
| 35.07 | Amendment | |
| 35.08 | Statement of Expenses |
RULE 36. ACTIONS UPON FILING OF PETITION
RULE 37. ADOPTION STUDY AND BACKGROUND STUDY
| 37.01 | Adoption Study and Background Study Required; Exception | |
| 37.02 | Adoption Study Report | |
| 37.03 | Direct Placement Adoption; Background Study Incomplete | |
| 37.04 | Background Study; Timing | |
| 37.05 | Updates to Adoption Study Report; Period of Validity | |
| 37.06 | Filing of Adoption Study Report | |
| 37.07 | Foster Parent Assessment May be Used for Adoption Study |
RULE 38. POST-PLACEMENT ASSESSMENT REPORT
| 38.01 | Timing | |
| 38.02 | Content | |
| 38.03 | Background Study | |
| 38.04 | Waiver by Court | |
| 38.05 | Contested Adoptive Placement for Children Under Guardianship of the Commissioner of Human Services |
RULE 39. ANSWER WHEN CONTESTED ADOPTION MATTER
| 39.01 | Answer When Contested | |
| 39.02 | Notice of Contested Adoption | |
| 39.03 | Pretrial Conference |
RULE 40. VOLUNTARY WITHDRAWAL; INVOLUNTARY DISMISSAL; SUMMARY JUDGMENT
| 40.01 | Voluntary Withdrawal of Petition | |
| 40.02 | Involuntary Dismissal of Petition | |
| 40.03 | Summary Judgment |
RULE 41. FINAL HEARING IN UNCONTESTED MATTERS
| 41.01 | Generally | |
| 41.02 | Commencement | |
| 41.03 | Hearing Procedure | |
| 41.04 | Standard of Proof | |
| 41.05 | Timing of Decision |
RULE 42. CONSOLIDATION; BIFURCATION
| 42.01 | Consolidation Generally | |
| 42.02 | Consolidation with Other Proceedings; Competing Petitions | |
| 42.03 | Bifurcation | |
| 42.04 | Rule Does Not Apply to Children Under Guardianship of the Commissioner of Human Services |
RULE 44. TRIAL IN CONTESTED MATTERS
| 44.01 | Generally | |
| 44.02 | Commencement | |
| 44.03 | Trial Procedure | |
| 44.04 | Standard of Proof | |
| 44.05 | Motion for Judgment at Conclusion of Trial | |
| 44.06 | Timing of Decision; Delay of Issuance of Order if Adoption Assistance Not Yet Acted Upon |
RULE 45. FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMENT, AND ADOPTION DECREE
| 45.01 | Dismissal and Denial of Adoption Petition | |
| 45.02 | Granting Adoption Petition | |
| 45.03 | Findings of Fact, Conclusions of Law, Order for Judgment, and Adoption Decree | |
| 45.04 | Filing and Service |
RULE 46. POST-TRIAL MOTIONS
| 46.01 | Motion for Amended Findings | |
| 46.02 | Motion for New Trial | |
| 46.03 | Timing of Decision |
RULE 47. RELIEF FROM ORDER
| 47.01 | Clerical Mistakes | |
| 47.02 | Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud | |
| 47.03 | Invalidation of District Court Action - Indian Child Cases | |
| 47.04 | Vacation of Adoption Decree - Indian Child Cases |