2006 Minnesota Statutes

259.23 JUVENILE COURT, JURISDICTION.
    Subdivision 1. Venue. (a) Except as provided in section 260C.101, subdivision 2, the juvenile
court shall have original jurisdiction in all adoption proceedings. The proper venue for an adoption
proceeding shall be the county of the petitioner's residence, except as provided in paragraph (b).
(b) Venue for the adoption of a child committed to the guardianship of the commissioner of
human services shall be the county with jurisdiction in the matter according to section 260C.317,
subdivision 3 .
(c) Upon request of the petitioner, the court having jurisdiction over the matter under
section 260C.317, subdivision 3, may transfer venue of an adoption proceeding involving a
child under the guardianship of the commissioner to the county of the petitioner's residence
upon determining that:
(1) the commissioner has given consent to the petitioner's adoption of the child or that
consent is unreasonably withheld;
(2) there is no other adoption petition for the child that has been filed or is reasonably
anticipated by the commissioner or the commissioner's delegate to be filed; and
(3) transfer of venue is in the best interests of the child.
Transfer of venue under this paragraph shall be according to the rules of adoption court procedure.
(d) In all other adoptions, if the petitioner has acquired a new residence in another county
and requests a transfer of the adoption proceeding, the court in which an adoption is initiated may
transfer the proceeding to the appropriate court in the new county of residence if the transfer is
in the best interests of the person to be adopted. The court transfers the proceeding by ordering
a continuance and by forwarding to the court administrator of the appropriate court a certified
copy of all papers filed, together with an order of transfer. The transferring court also shall
forward copies of the order of transfer to the commissioner of human services and any agency
participating in the proceedings. The judge of the receiving court shall accept the order of the
transfer and any other documents transmitted and hear the case; provided, however, the receiving
court may in its discretion require the filing of a new petition prior to the hearing.
    Subd. 2. Contents of petition. The petition shall be signed by the petitioner and, if married,
by the spouse. It shall be verified, and filed in duplicate. The petition shall allege:
(a) The full name, age and place of residence of petitioner, and if married, the date and
place of marriage;
(b) The date petitioner acquired physical custody of the child and from what person or
agency;
(c) The date of birth of the child, if known, and the state and county where born;
(d) The name of the child's parents, if known, and the guardian if there be one;
(e) The actual name of the child, if known, and any known aliases;
(f) The name to be given the child if a change of name is desired;
(g) The description and value of any real or personal property owned by the child;
(h) That the petitioner desires that the relationship of parent and child be established between
petitioner and the child, and that it is to the best interests of the child for the child to be adopted
by the petitioner.
In agency placements, the information required in clauses (d) and (e) shall not be required
to be alleged in the petition but shall be transmitted to the court by the commissioner of human
services or the agency.
    Subd. 3. Court rules. The provisions of subdivision 2 shall be subject to rules of the court
made pursuant to section 480.051.
History: 1951 c 508 s 3; 1959 c 685 s 45; 1965 c 558 s 1; 1967 c 45 s 1; 1984 c 654 art 5 s
58; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1999 c 139 art 4 s 2; 2005 c 159 art 2 s 3,4