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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1989 

                        CHAPTER 88-S.F.No. 1106 
           An act relating to adoption; changing the minimum age 
          at which an adopted person may request original birth 
          certificate information; changing time periods during 
          which birth parents may consent to disclosure; 
          authorizing disclosure of information on the 
          consenting parent when only one birth parent consents; 
          amending Minnesota Statutes 1988, section 259.49, 
          subdivisions 1, 2, and 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 259.49, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUEST.] An adopted person who is 21 19 
years of age or over may request the commissioner of health to 
disclose the information on the adopted person's original birth 
certificate.  The commissioner of health shall, within five days 
of receipt of the request, notify the commissioner of human 
services in writing of the request by the adopted person.  
    Sec. 2.  Minnesota Statutes 1988, section 259.49, 
subdivision 2, is amended to read: 
    Subd. 2.  [SEARCH.] Within six months after receiving 
notice of the request of the adopted person, the commissioner of 
human services shall make complete and reasonable efforts to 
notify each parent identified on the original birth certificate 
of the adopted person.  The commissioner may charge a reasonable 
fee to the adopted person for the cost of making a search 
pursuant to this subdivision.  Every licensed child placing 
agency in the state shall cooperate with the commissioner of 
human services in efforts to notify an identified parent. All 
communications under this subdivision are confidential pursuant 
to section 13.02, subdivision 3.  
    For purposes of this subdivision, "notify" means a personal 
and confidential contact with the genetic parents named on the 
original birth certificate of the adopted person.  The contact 
shall not be by mail and shall be by an employee or agent of the 
licensed child placing agency which processed the pertinent 
adoption or some other licensed child placing agency designated 
by the commissioner of human services.  The contact shall be 
evidenced by filing with the commissioner of health an affidavit 
of notification executed by the person who notified each parent 
certifying that each parent was given the following information: 
    (a) The nature of the information requested by the adopted 
person; 
    (b) The date of the request of the adopted person; 
    (c) The right of the parent to file, within 120 30 days of 
receipt of the notice, an affidavit with the commissioner of 
health stating that the information on the original birth 
certificate should not be disclosed; 
     (d) The right of the parent to file a consent to disclosure 
with the commissioner of health at any time; and 
    (e) The effect of a failure of the parent to file either a 
consent to disclosure or an affidavit stating that the 
information on the original birth certificate should not be 
disclosed.  
    Sec. 3.  Minnesota Statutes 1988, section 259.49, 
subdivision 4, is amended to read: 
    Subd. 4.  [RELEASE OF INFORMATION AFTER NOTICE.] If, within 
six months, the commissioner of human services certifies to the 
commissioner of health notification of each parent identified on 
the original birth certificate pursuant to subdivision 2, the 
commissioner of health shall disclose the information requested 
by the adopted person 121 31 days after the date of the latest 
notice to either parent.  This disclosure will occur if, at any 
time during the 121 31 days both of the parents identified on 
the original birth certificate have filed a consent to 
disclosure with the commissioner of health and neither consent 
to disclosure has been revoked by the subsequent filing by a 
parent of an affidavit stating that the information should not 
be disclosed.  If only one parent has filed a consent to 
disclosure and the consent has not been revoked, the 
commissioner of health shall disclose, to the adopted person, 
original birth certificate information on the consenting parent 
only. 
    Presented to the governor May 5, 1989 
    Signed by the governor May 9, 1989, 11:42 a.m.