Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 354-H.F.No. 3332
An act relating to adoption; changing provisions in
the fathers' adoption registry; modifying conditions
for open adoption agreements; amending Minnesota
Statutes 1997 Supplement, sections 259.52,
subdivisions 1, 4, 9, 10, 11, 12, and by adding a
subdivision; and 259.58.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.]
(a) The commissioner of health shall establish a putative
fathers' adoption registry for the purpose of determining the
identity and location of a putative father interested in a minor
child who is, or is expected to be, the subject of an adoption
proceeding, in order to provide notice of the adoption
proceeding to the putative father who is not otherwise entitled
to notice under section 259.49, subdivision 1, paragraph (a) or
(b), clauses (1) to (7). The commissioner of health may
establish informational material and public service
announcements necessary to implement this section. Any
limitation on a putative father's right to assert an interest in
the child as provided in this section applies only in adoption
proceedings and only to those putative fathers not entitled to
notice and consent under sections 259.24 and 259.49, subdivision
1, paragraph (a) or (b), clauses (1) to (7). The commissioner
of health has no independent obligation to gather or update the
information to be maintained on the registry. It is the
registrant's responsibility to update his personal information
on the registry.
(b) The putative fathers' adoption registry must contain
the following information:
(1) with respect to the putative father, the:
(i) name, including any other names by which the putative
father may be known and that he may provide to the registry;
(ii) address at which he may be served with notice of a
petition under this chapter, including any change of address;
(iii) social security number, if known;
(iv) date of birth; and
(v) if applicable, a certified copy of an order by a court
of another state or territory of the United States adjudicating
the putative father to be the father of this child;
(2) with respect to the mother of the child:
(i) name, including all other names known to the putative
father by which the mother may be known;
(ii) if known to the putative father, her last address;
(iii) social security number, if known; and
(iv) date of birth;
(3) if known to the putative father, the name, gender,
place of birth, and date of birth or anticipated date of birth
of the child;
(4) the date that the commissioner of health received the
putative father's registration; and
(5) other information the commissioner of health determines
by rule to be necessary for the orderly administration of the
registry.
(c) The commissioner of health shall notify the mother of
the child whenever a putative father has registered with the
adoption registry under this section. Notice shall be sent to
the name and address submitted by the putative father under
paragraph (b), clause (2). If no current address for the mother
is submitted by the putative father under paragraph (b), clause
(2), the commissioner of health shall not notify the mother.
The commissioner of health has no independent obligation to
locate the mother. The notice shall be mailed within 14 days of
the date that the commissioner received the putative father's
adoption registration unless a search has been requested under
subdivision 2. There shall be no charge to the birth mother for
this notice.
(d) The commissioner of health shall set reasonable fees
for the use of the registry; however, a putative father shall
not be charged a fee for registering. Revenues generated by the
fee must be deposited in the state government special revenue
fund and appropriated to the commissioner of health to
administer the putative fathers' adoption registry.
Sec. 2. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 4, is amended to read:
Subd. 4. [CLASSIFICATION OF REGISTRY DATA.] Data in the
putative fathers' adoption registry are private data on
individuals, as defined in section 13.02, subdivision 2. 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; or
(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); or
(3) a public authority as provided in subdivision 3.
A person who receives data under this subdivision may use
the data only for purposes authorized under this section or
other law.
Sec. 3. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 9, is amended to read:
Subd. 9. [NOTICE AND SERVICE FOR THOSE ON PUTATIVE
FATHERS' ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO
NOTICE.] Any time after conception, an interested party,
including persons intending to adopt a child, a child welfare
agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the
mother of a child, or any attorney representing an interested
party, may file with the court administrator a written request
that the putative fathers on the registry who have registered in
relation to the child be served with serve by certified mail a
putative fathers' adoption registry notice to registered
putative father, an intent to claim parental rights with entry
of appearance form, and a denial of paternity with entry of
appearance form, and a consent to adoption form pursuant to
subdivision 11. These documents may be served on a putative
father in the same manner as a summons is served in other civil
proceedings, or, in lieu of personal service, service may be
made as follows:
(a) The person requesting notice shall pay to the court
administrator a mailing fee plus the cost of United States
postage for certified or registered mail and furnish to the
court administrator an original and one copy of the putative
fathers' adoption registry notice, the intent to claim parental
rights with entry of appearance form, and the denial of
paternity with entry of appearance and consent to adoption form
together with an affidavit setting forth the putative father's
last known address. The original putative fathers' adoption
registry notice, the intent to claim parental rights with entry
of appearance form, and the denial of paternity with entry of
appearance and consent to adoption form must be retained by the
court administrator.
(b) The court administrator The interested party or that
party's attorney shall mail to the putative father, at the
address appearing in the affidavit provided to the registry, the
copy of the putative fathers' adoption registry notice to
registered putative father, the intent to claim parental
rights with entry of appearance form, and the denial of
paternity with entry of appearance form, and the consent to
adoption form by certified mail, return receipt requested. The
envelope and return receipt must bear the return address of the
court administrator. The receipt for certified mail must state
the name and address of the addressee and the date of mailing
and must be attached to the original notice.
(c) (b) The return receipt, when returned to the court
administrator filed with the court, must be attached to the
original putative fathers' adoption registry notice to
registered putative father, the intent to claim parental
rights with entry of appearance form, and the denial of
paternity with entry of appearance form, and the consent to
adoption form and constitutes proof of service.
(d) (c) The court administrator shall note the fact of
service in a permanent record.
Sec. 4. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 10, is amended to read:
Subd. 10. [RESPONSE TO PUTATIVE FATHERS' ADOPTION REGISTRY
NOTICE TO REGISTERED PUTATIVE FATHER; LIMITATION OF RIGHTS FOR
FAILURE TO RESPOND AND UPON FILING OF DISCLAIMER DENIAL OF
PATERNITY.] Within 30 days of receipt of the putative fathers'
adoption registry notice to registered putative father, the
intent to claim parental rights with entry of appearance form,
and the denial of paternity with entry of appearance form, and
the consent to adoption form, the putative father must file a
completed intent to claim parental rights with entry of
appearance form with the court administrator stating that he
intends to initiate a paternity action within 30 days of receipt
of the putative fathers' adoption registry notice to registered
putative father in order to preserve the right to maintain an
interest in the child and receive notice during the pending
adoption proceeding. Failure to initiate a paternity action
within 30 days of receipt of the putative fathers' adoption
registry notice to registered putative father does not act as a
bar to receiving notice under section 259.49. If good cause is
shown, the putative father must be allowed more time to initiate
the paternity action. A putative father who files a completed
denial of paternity with entry of appearance form and consent to
adoption form or who fails to timely file an intent to claim
parental rights with entry of appearance form with the court:
(1) is barred from later bringing or maintaining an action
to assert any interest in the child during the pending adoption
proceeding concerning the child;
(2) is considered to have waived and surrendered a right to
notice of a hearing in any judicial proceeding for adoption of
the child, and consent of that person to the adoption of the
child is not required; and
(3) is considered to have abandoned the child.
Failure to register is prima facie evidence of sufficient
grounds to support termination of the putative father's parental
rights.
Sec. 5. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 11, is amended to read:
Subd. 11. [PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE;
INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM;
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE; AND CONSENT TO
ADOPTION FORM FORMS.] (a) The putative father's adoption
registry notice sent under subdivision 9 must be substantially
as follows:
"IN THE MATTER OF NOTICE TO .........., REGISTERED PUTATIVE
FATHER.
You have signed the putative fathers' adoption registry
indicating that you are the father of a child born on the
.......... day of .........., ...., (or expected to be born on
or about the ....... day of .........., ....).
The mother of the child is ...........
The mother has indicated that she intends to place the
child for adoption.
As the alleged father of the child by virtue of signing the
putative fathers' adoption registry, you have certain legal
rights with respect to the child, including the right to notice
of the filing of proceedings instituted for the adoption of the
child. If you wish to retain your rights with respect to the
child, you must file with the court administrator, Court of
.......... County, Minnesota, whose address is ..........,
Minnesota, within 30 days after the date of receipt of this
notice, the enclosed intent to claim parental rights with entry
of appearance form stating that you are, in fact, the father of
the child and that you intend to retain your legal rights with
respect to the child by initiating a paternity action within 30
days of receipt of the putative fathers' adoption registry
notice.
If you do not file an intent to claim parental rights with
entry of appearance form or a request for notice, then whatever
legal rights you have with respect to the child, including the
right to notice of any future proceedings for the adoption of
the child, may be terminated without any further notice to you.
When your legal rights with respect to the child are so
terminated, you will not be entitled to notice of any proceeding
instituted for the adoption of the child.
If you are not the father of the child, you may file with
the court administrator the denial of paternity with entry of
appearance and consent to adoption form enclosed herewith and
you will receive no further notice with respect to the child."
(b) The intent to claim parental rights with entry of
appearance form sent under subdivision 9 must be substantially
as follows:
"INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the mother
of a .......... male/female child named .......... born or
expected to be born on or about .......... and that such mother
has stated that I am the father of this child.
(3) I declare that I am the father of this child.
(4) I understand that the mother of this child wishes to
consent to the adoption of this child. I do not consent to the
adoption of this child, and I understand that I must return this
intent to claim parental rights with entry of appearance form to
the court administrator of .......... County, located at
.........., within 30 days of receipt of this notice.
(5) I further understand that I am also obligated to
initiate a paternity action under the Parentage Act (Minnesota
Statutes, sections 257.51 to 257.74) within 30 days of my
receiving the putative fathers' adoption registry notice, or, if
the child is not yet born, within 30 days after the birth of the
child, unless for good cause shown I am unable to do so. That
proceeding is separate and distinct from the above mailing of
intent to claim parental rights with entry of appearance form;
in the paternity action, I must state that I am, in fact, the
father of said child for one or more of the reasons stated in
Minnesota Statutes, section 257.55, subdivision 1, and that I
intend to retain my legal rights with respect to said child, and
request to be notified of any further proceedings with respect
to custody or adoption of the child.
(6) I hereby enter my appearance in the above entitled
cause.
OATH
I have been duly sworn and I say under oath that I have
read and understand this intent to claim parental rights with
entry of appearance form. The facts that it contains are true
and correct to the best of my knowledge, and I understand that
by signing this document I admit my paternity. I have signed
this document as my free and voluntary act.
...........
(Signature)
Dated this .......... day of .........., .....
Signed and Sworn Before Me This ....... day of .........., .....
...........
(notary public)"
(c) The denial of paternity with entry of appearance and
consent to adoption form sent under subdivision 9 must be
substantially as follows:
"DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND
CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the mother
of a .......... male/female child named .......... born or
expected to be born on or about .......... and that I have
registered with the putative fathers' adoption registry stating
that I am the father of this child.
(3) I now deny that I am the father of this child. My
denial at this time will not subject me to any criminal
liability.
(4) I further understand that the mother of this child
wishes to consent to the adoption of the child. I hereby
consent to the adoption of this child, and waive any rights,
remedies, and defenses that I may have now or in the future.
This consent is being given in order to facilitate the adoption
of the child and so that the court may terminate what rights I
may have to the child. This consent is not in any manner an
admission of paternity.
(5) I hereby enter my appearance in the above entitled
cause and waive service of summons and other pleading.
OATH
I have been duly sworn and I say under oath that I have
read and understood this denial of paternity with entry of
appearance and consent to adoption. The facts it contains are
true and correct to the best of my knowledge, and I understand
that by signing this document I have not admitted paternity. I
have signed this document as my free and voluntary act in order
to facilitate the adoption of the child.
...........
(Signature)
Dated this .......... day of .........., .....
Signed and Sworn Before Me This ....... day of .........., .....
...........
(notary public)"
[The names of adoptive parents must not be included in the
notice.] The office of the state court administrator shall
develop the following forms:
(1) notice to registered putative father;
(2) intent to claim parental rights;
(3) denial of paternity; and
(4) consent to adoption.
Sec. 6. Minnesota Statutes 1997 Supplement, section
259.52, subdivision 12, is amended to read:
Subd. 12. [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof
of indigency, a putative father who has registered with the
fathers' adoption registry, has received a putative fathers'
adoption registry notice to registered putative father, and has
timely filed an intent to claim paternal rights with entry of
appearance form with the court administrator, must have counsel
appointed at public expense.
Sec. 7. Minnesota Statutes 1997 Supplement, section
259.52, is amended by adding a subdivision to read:
Subd. 15. [INTERNATIONAL ADOPTIONS.] This section does not
apply to international adoptions.
Sec. 8. Minnesota Statutes 1997 Supplement, section
259.58, is amended to read:
259.58 [COMMUNICATION OR CONTACT AGREEMENTS.]
Adoptive parents and a birth relative may enter an
agreement regarding communication with or contact between an
adopted minor, adoptive parents, and a birth relative under this
section. An agreement may be entered between:
(1) adoptive parents and a birth parent;
(2) adoptive parents and a any other birth relative with
whom the child resided before being adopted; or
(2) (3) adoptive parents and any other birth relative if
the child is adopted by a birth relative upon the death of both
birth parents.
For purposes of this section, "birth relative" means a
parent, stepparent, grandparent, brother, sister, uncle, or aunt
of a minor adoptee. This relationship may be by blood or
marriage. For an Indian child, birth relative includes members
of the extended family as defined by the law or custom of the
Indian child's tribe or, in the absence of laws or custom,
nieces, nephews, or first or second cousins, as provided in the
Indian Child Welfare Act, United States Code, title 25, section
1903.
(a) An agreement regarding communication with or contact
between minor adoptees, adoptive parents, and a birth relative
is not legally enforceable unless the terms of the agreement are
contained in a written court order entered in accordance with
this section. An order must be sought at the same time a
petition for adoption is filed. The court shall not enter a
proposed order unless the terms of the order have been approved
in writing by the prospective adoptive parents, a birth relative
who desires to be a party to the agreement, and, if the child is
in the custody of or under the guardianship of an agency, a
representative of the agency. An agreement under this section
need not disclose the identity of the parties to be legally
enforceable. The court shall not enter a proposed order unless
the court finds that the communication or contact between the
minor adoptee, the adoptive parents, and a birth relative as
agreed upon and contained in the proposed order would be in the
minor adoptee's best interests.
(b) Failure to comply with the terms of an agreed order
regarding communication or contact that has been entered by the
court under this section is not grounds for:
(1) setting aside an adoption decree; or
(2) revocation of a written consent to an adoption after
that consent has become irrevocable.
(c) An agreed order entered under this section may be
enforced by filing a petition or motion with the family court
that includes a certified copy of the order granting the
communication, contact, or visitation, but only if the petition
or motion is accompanied by an affidavit that the parties have
mediated or attempted to mediate any dispute under the agreement
or that the parties agree to a proposed modification. The
prevailing party may be awarded reasonable attorney's fees and
costs. The court shall not modify an agreed order under this
section unless it finds that the modification is necessary to
serve the best interests of the minor adoptee, and:
(1) the modification is agreed to by the adoptive parent
and the birth relative; or
(2) exceptional circumstances have arisen since the agreed
order was entered that justify modification of the order.
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 7 are effective the day following final
enactment. Section 8 is effective retroactive to July 1, 1997,
and applies to communication or contact agreements entered into
on or after that date.
Presented to the governor April 2, 1998
Signed by the governor April 3, 1998, 11:40 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes