259.83 POSTADOPTION SERVICES.
Subdivision 1. Services provided.
Agencies shall provide assistance and counseling services
upon receiving a request for current information from adoptive parents, birth parents, or adopted
persons aged 19 years and over. The agency shall contact the other adult persons or the adoptive
parents of a minor child in a personal and confidential manner to determine whether there is a
desire to receive or share information or to have contact. If there is such a desire, the agency
shall provide the services requested. The agency shall provide services to adult genetic siblings
if there is no known violation of the confidentiality of a birth parent or if the birth parent gives
Subd. 1a. Social and medical history.
(a) If a person aged 19 years and over who was
adopted on or after August 1, 1994, or the adoptive parent requests the detailed nonidentifying
social and medical history of the adopted person's birth family that was provided at the time of
the adoption, agencies must provide the information to the adopted person or adoptive parent
on the form required under section
(b) If an adopted person aged 19 years and over or the adoptive parent requests the agency to
contact the adopted person's birth parents to request current nonidentifying social and medical
history of the adopted person's birth family, agencies must use the form required under section
when obtaining the information for the adopted person or adoptive parent.
Subd. 1b. Genetic siblings.
(a) A person who is at least 19 years old who was adopted
or, because of a termination of parental rights, was committed to the guardianship of the
commissioner of human services, whether adopted or not, must upon request be advised of other
siblings who were adopted or who were committed to the guardianship of the commissioner
of human services and not adopted.
(b) Assistance must be provided by the county or placing agency of the person requesting
information to the extent that information is available in the existing records at the Department of
Human Services. If the sibling received services from another agency, the agencies must share
necessary information in order to locate the other siblings and to offer services, as requested.
Upon the determination that parental rights with respect to another sibling were terminated,
identifying information and contact must be provided only upon mutual consent. A reasonable fee
may be imposed by the county or placing agency.
Subd. 2. Health information.
When the agency receives information about a medical or
genetic condition which has affected or may affect the physical or mental health of genetically
related persons, the agency shall make a diligent effort to contact those persons in order to
transmit the health information.
Subd. 3. Identifying information.
In adoptive placements made on and after August 1,
1982, the agency responsible for or supervising the placement shall obtain from the birth parents
named on the original birth record an affidavit attesting to the following:
(a) That the birth parent has been informed of the right of the adopted person at the age
specified in section
to request from the agency the name, last known address, birthdate and
birthplace of the birth parents named on the adopted person's original birth record;
(b) That each birth parent may file in the agency record an affidavit objecting to the release
of any or all of the information listed in clause (a) about that birth parent, and that parent only, to
the adopted person;
(c) That if the birth parent does not file an affidavit objecting to release of information
before the adopted person reaches the age specified in section
, the agency will provide the
adopted person with the information upon request;
(d) That notwithstanding the filing of an affidavit, the adopted person may petition the court
according to section
for release of identifying information about a birth parent;
(e) That the birth parent shall then have the opportunity to present evidence to the court that
nondisclosure of identifying information is of greater benefit to the birth parent than disclosure
to the adopted person; and
(f) That any objection filed by the birth parent shall become invalid when withdrawn by the
birth parent or when the birth parent dies. Upon receipt of a death record for the birth parent, the
agency shall release the identifying information to the adopted person if requested.
Subd. 4. Confidentiality.
Agencies shall provide adoptive parents, birth parents and adult
siblings, and adopted persons aged 19 years and over reasonable assistance in a manner consistent
with state and federal laws, rules, and regulations regarding the confidentiality and privacy of
child welfare and adoption records.
Subd. 5. Charges.
The commissioner, the commissioner's agents, and licensed child-placing
agencies may require a reasonable expense reimbursement for providing services required in this
section. Reimbursements received by the commissioner according to this subdivision shall be
deposited in the general fund.
History: 1982 c 584 s 3; 1986 c 444; 1989 c 282 art 2 s 165; 1994 c 631 s 31; 1997 c 177 s
23; 1Sp2001 c 9 art 15 s 32; 2003 c 68 s 1; 2007 c 49 s 1