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Minnesota Legislature

Office of the Revisor of Statutes

257.05 IMPORTATION.
    Subdivision 1. Notification and duties of commissioner. No person, except as provided by
subdivisions 2 and 3, shall bring or send into the state any child for the purpose of placing the child
out or procuring the child's adoption without first obtaining the consent of the commissioner of
human services, and such person shall conform to all rules of the commissioner of human services
and laws of the state of Minnesota relating to protection of children in foster care. Before any child
shall be brought or sent into the state for the purpose of being placed in foster care, the person
bringing or sending the child into the state shall first notify the commissioner of human services
of the person's intention, and shall obtain from the commissioner of human services a certificate
stating that the home in which the child is to be placed is, in the opinion of the commissioner of
human services, a suitable adoptive home for the child if legal adoption is contemplated or that
the home meets the commissioner's requirements for licensing of foster homes if legal adoption is
not contemplated. The commissioner is responsible for protecting the child's interests so long as
the child remains within the state and until the child reaches the age of 18 or is legally adopted.
Notice to the commissioner shall state the name, age, and personal description of the child,
and the name and address of the person with whom the child is to be placed, and such other
information about the child and the foster home as may be required by the commissioner.
    Subd. 2. Exempt relatives. A parent, stepparent, grandparent, brother, sister and aunt or
uncle in the first degree of the minor child who bring a child into the state for placement within
their own home shall be exempt from the provisions of subdivision 1. This relationship may be
by blood or marriage.
    Subd. 3. International adoptions. Subject to state and federal laws and rules, adoption
agencies licensed under chapter 245A and Minnesota Rules, parts 9545.0755 to 9545.0845, and
county social services agencies are authorized to certify that the prospective adoptive home of
a child brought into the state from another country for the purpose of adoption is a suitable
home, or that the home meets the commissioner's requirements for licensing of foster homes if
legal adoption is not contemplated.
History: (4564) Ex1919 c 51 s 5; 1949 c 21 s 1; 1955 c 587 s 3; 1965 c 115 s 1; 1973 c 725 s
48; 1984 c 654 art 5 s 58; 1986 c 444; 1991 c 326 s 11; 1Sp2003 c 14 art 4 s 12