Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                          CHAPTER 3-H.F.No. 41 
           An act relating to adoption; providing that proposed 
          adoptive parents may obtain certain reports or records;
          providing that a child's parent need not join as 
          co-petitioner in a stepparent adoption; changing the 
          manner of executing certain consents; amending 
          Minnesota Statutes 1986, sections 259.21, subdivision 
          7; 259.24, subdivision 5; and 259.27, subdivision 3, 
          and by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 259.21, 
subdivision 7, is amended to read: 
    Subd. 7.  [PETITIONER.] "Petitioner" means a person with 
spouse, if there be one, petitioning for the adoption of any 
person or persons pursuant to sections 259.21 to 259.32.  In the 
case of adoption by a stepparent, the parent who is the 
stepparent's spouse shall not be required to join the petition. 
    Sec. 2.  Minnesota Statutes 1986, section 259.24, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXECUTION.] All consents to an adoption, except 
those by the commissioner, the commissioner's agent, a licensed 
child-placing agency, an adult adoptee, or the child's 
parent when that parent is either a copetitioner in the adoption 
proceeding or does not have custody of the child in a petition 
for adoption by a stepparent, shall be executed before a 
representative of the commissioner, the commissioner's agent or 
a licensed child-placing agency.  In addition all consents to an 
adoption shall be in writing and shall contain notice to the 
parent of the substance of subdivision 6a, providing for the 
right to withdraw consent.  Consents shall be executed before 
two competent witnesses and acknowledged by the consenting party.
Consents shall be filed in the adoption proceedings at any time 
before the matter is heard provided, however, that a consent 
executed and acknowledged outside of this state, either in 
accordance with the law of this state or in accordance with the 
law of the place where executed, is valid. 
    Sec. 3.  Minnesota Statutes 1986, section 259.27, 
subdivision 3, is amended to read: 
    Subd. 3.  [REPORTS AND RECORDS; CONFIDENTIAL.] (a) The 
contents of all reports and records of the commissioner of human 
services, county welfare board, or child placing agency bearing 
on the suitability of the proposed adoptive home and the child 
to each other shall be confidential, and the contents thereof 
shall not be disclosed either directly or indirectly to any 
person other than the commissioner of human services or a judge 
of the court having jurisdiction of the matter, provided, 
however, that except as provided in paragraph (b). 
    (b) A judge of the court having jurisdiction of the 
matter may shall upon request disclose to a party to the 
proceedings or the party's counsel any portion of such a report 
or record to a party to the proceedings or the party's counsel 
when such report or record disapproves the granting of the 
adoption petition that relates only to the suitability of the 
proposed adoptive parents.  In this disclosure, the judge may 
withhold the identity of individuals providing information in 
the report or record.  When the judge is considering whether to 
disclose the identity of individuals providing information, the 
agency with custody of the report or record shall be permitted 
to present reasons for or against disclosure. 
    Sec. 4.  Minnesota Statutes 1986, section 259.27, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [REPORT TO PROSPECTIVE ADOPTIVE 
PARENTS.] Prospective adoptive parents may request and may 
receive a summary report on their suitability as adoptive 
parents from any authorized adoption agency at the conclusion of 
the adoptive study by that agency.  The summary report shall not 
identify sources of information outside of the adoption agency 
or information about any child to be adopted.  This summary 
report shall be used only for purposes mutually agreed upon by 
the adoption agency and the prospective adoptive parents.  The 
purposes and the date of the summary report shall be clearly 
noted on the report. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective the day following final 
enactment. 
    Approved March 4, 1987