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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

144.218 REPLACEMENT BIRTH RECORDS.
    Subdivision 1. Adoption. Upon receipt of a certified copy of an order, decree, or certificate
of adoption, the state registrar shall register a replacement vital record in the new name of the
adopted person. The original record of birth is confidential pursuant to section 13.02, subdivision
3
, and shall not be disclosed except pursuant to court order or section 144.2252. The information
contained on the original birth record, except for the registration number, shall be provided on
request to a parent who is named on the original birth record. Upon the receipt of a certified
copy of a court order of annulment of adoption the state registrar shall restore the original vital
record to its original place in the file.
    Subd. 2. Adoption of foreign persons. In proceedings for the adoption of a person who
was born in a foreign country, the court, upon evidence presented by the commissioner of human
services from information secured at the port of entry or upon evidence from other reliable
sources, may make findings of fact as to the date and place of birth and parentage. Upon receipt of
certified copies of the court findings and the order or decree of adoption, a certificate of adoption,
or a certified copy of a decree issued under section 259.60, the state registrar shall register a birth
record in the new name of the adopted person. The certified copies of the court findings and the
order or decree of adoption, certificate of adoption, or decree issued under section 259.60 are
confidential, pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant
to court order or section 144.2252. The birth record shall state the place of birth as specifically as
possible and that the vital record is not evidence of United States citizenship.
    Subd. 3. Subsequent marriage of birth parents. If, in cases in which a record of birth has
been registered pursuant to section 144.215 and the birth parents of the child marry after the birth
of the child, a replacement record of birth shall be registered upon presentation of a certified copy
of the marriage certificate of the birth parents, and either a recognition of parentage or court
adjudication of paternity. The original record of birth is confidential, pursuant to section 13.02,
subdivision 3
, and shall not be disclosed except pursuant to court order.
    Subd. 4. Incomplete, incorrect, and modified vital records. If a court finds that a birth
record is incomplete, inaccurate, or false or if it is being issued pursuant to section 259.10,
subdivision 2
, the court may order the registration of a replacement vital record, and, if necessary,
set forth the correct information in the order. Upon receipt of the order, the registrar shall register
a replacement vital record containing the findings of the court. The prior vital record shall be
confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant
to court order.
    Subd. 5. Replacement of vital records. Upon the order of a court of this state, upon the
request of a court of another state, upon the filing of a declaration of parentage under section
257.34, or upon the filing of a recognition of parentage with a registrar, a replacement birth record
must be registered consistent with the findings of the court, the declaration of parentage, or the
recognition of parentage.
History: 1978 c 699 s 8; 1980 c 561 s 1; 1981 c 311 s 24; 1982 c 545 s 24; 1984 c 654 art 5
s 58; 1994 c 465 art 1 s 62; 1994 c 631 s 31; 1995 c 259 art 1 s 32; 1997 c 205 s 21; 1998 c 406
art 1 s 1,37; 1998 c 407 art 9 s 1; 1Sp2001 c 9 art 15 s 17; 2002 c 379 art 1 s 113

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