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Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1991 

                        CHAPTER 107-H.F.No. 456 
           An act relating to adoption; clarifying the 
          requirements for consents; amending Minnesota Statutes 
          1990, section 259.24, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 259.24, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXECUTION.] All consents to an adoption shall be 
in writing, executed before two competent witnesses, and 
acknowledged by the consenting party.  In addition, 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 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.  The consent must All consents by a parent: 
    (1) shall contain notice to the parent of the substance of 
subdivision 6a, providing for the right to withdraw consent; and 
    (2) shall contain the following written notice in all 
capital letters at least one-eighth inch high: 
    "This agency will submit your consent to adoption to the 
court.  The consent itself does not terminate your parental 
rights.  Parental rights to a child may be terminated only by an 
adoption decree or by a court order terminating parental 
rights.  Unless the child is adopted or your parental rights are 
terminated, you may be asked to support the child."  
    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. 
    Presented to the governor May 14, 1991 
    Signed by the governor May 17, 1991, 11:02 a.m.