Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 122-S.F.No. 834
An act relating to adoption; changing requirements and
procedures for the putative fathers' adoption
registry, communication or contact agreements, and
postadoption reports; amending Minnesota Statutes
1998, sections 259.52, subdivisions 1, 4, 7, 9, 10,
and 11; 259.58; and 259.60, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 259.52,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.]
(a) The commissioner of health shall establish a 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 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, which is the date the
registration is postmarked or the date it was delivered by means
other than mail to the address on the registration form; 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
father's 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 fathers' adoption registry.
Sec. 2. Minnesota Statutes 1998, section 259.52,
subdivision 4, is amended to read:
Subd. 4. [CLASSIFICATION OF REGISTRY DATA.] Data in the
fathers' adoption registry, including all data provided in
requesting the search of the registry, are private data on
individuals, as defined in section 13.02, subdivision 2, and are
nonpublic data with respect to data not on individuals, as
defined in section 13.02, subdivision 9. 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;
(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; or
(4) an attorney who has signed an affidavit from the
commissioner of health attesting that the attorney represents
the birth mother or the prospective adoptive parents.
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 1998, section 259.52,
subdivision 7, is amended to read:
Subd. 7. [WHEN AND HOW TO REGISTER.] A putative father may
register with the department of health before the birth of the
child but must register no later than 30 days after the birth of
the child. Registrations must be in writing and signed by the
putative father. A registration is timely if the date the
registration is postmarked or the date it was delivered by means
other than mail to the address specified on the registration
form is not later than 30 days after the birth of the child.
Sec. 4. Minnesota Statutes 1998, section 259.52,
subdivision 9, is amended to read:
Subd. 9. [NOTICE AND SERVICE FOR THOSE ON 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 serve by
certified mail a notice to registered putative father, an intent
to claim parental rights form, a denial of paternity 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 interested party or that party's attorney shall
mail to the putative father, at the address provided to the
registry, the copy of the notice to registered putative father,
the intent to claim parental rights form, the denial of
paternity form, and the consent to adoption form by certified
mail, return receipt requested, and shall provide notice of the
jurisdiction in which the adoption petition will be filed. 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.
(b) The return receipt, when filed with the court, must be
attached to the original notice to registered putative father,
the intent to claim parental rights form, the denial of
paternity form, and the consent to adoption form and constitutes
proof of service.
(c) The court administrator shall note the fact of service
in a permanent record.
Sec. 5. Minnesota Statutes 1998, section 259.52,
subdivision 10, is amended to read:
Subd. 10. [RESPONSE TO NOTICE TO REGISTERED PUTATIVE
FATHER; LIMITATION OF RIGHTS FOR FAILURE TO RESPOND AND UPON
FILING OF DENIAL OF PATERNITY.] Within 30 days of receipt of the
notice to registered putative father, the intent to claim
parental rights form, the denial of paternity 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 in the county in
which the adoption petition will be filed as provided by the
petitioner, stating that he intends to initiate a paternity
action within 30 days of receipt of the 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 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 form and
consent to adoption form or who fails to timely file an intent
to claim parental rights 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. 6. Minnesota Statutes 1998, section 259.52,
subdivision 11, is amended to read:
Subd. 11. [FORMS.] 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; and
(5) notice to registered putative father of the county in
which the adoption petition will be filed.
Sec. 7. Minnesota Statutes 1998, section 259.58, is
amended to read:
259.58 [COMMUNICATION OR CONTACT AGREEMENTS.]
Adoptive parents and a birth relative or foster parents may
enter an agreement regarding communication with or contact
between an adopted minor, adoptive parents, and a birth relative
or foster parents under this section. An agreement may be
entered between:
(1) adoptive parents and a birth parent;
(2) adoptive parents and any other birth relative or foster
parent with whom the child resided before being adopted; or
(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,
adoption, 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 may be sought at the same any time
before a petition for decree of adoption is filed
granted. The order must be issued within 30 days of being
submitted to the court or by the granting of the decree of
adoption, whichever is earlier. 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
or foster parent 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. A birth parent
must approve in writing of an agreement between adoptive parents
and any other birth relative or foster parent, unless an action
has been filed against the birth parent by a county under
chapter 260. 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. The court shall mail a certified copy of the
order to the parties to the agreement or their representatives
at the addresses provided by the petitioners.
(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 parties to the agreement; or
(2) exceptional circumstances have arisen since the agreed
order was entered that justify modification of the order.
Sec. 8. Minnesota Statutes 1998, section 259.60, is
amended by adding a subdivision to read:
Subd. 3. [POSTADOPTION REPORT.] If a child is adopted by a
resident of this state under the laws of a foreign country or if
a resident of this state brings a child into the state under an
IR-3 or IR-4 visa issued for the child by the United States
Immigration and Naturalization Service, the postadoption
reporting requirements of the country in which the child was
adopted, applicable at the time of the child's adoption, must be
given full faith and credit by the courts of this state and
apply to the adoptive placement of that child.
Presented to the governor April 30, 1999
Signed by the governor May 4, 1999, 11:24 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes