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2007 Minnesota Statutes

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

259.57 HEARING, DECREE.
    Subdivision 1. Findings; orders. Upon the hearing,
    (a) if the court finds that it is in the best interests of the child that the petition be granted, a
decree of adoption shall be made and recorded in the office of the court administrator, ordering
that henceforth the child shall be the child of the petitioner. In the decree the court may change the
name of the child if desired. After the decree is granted for a child who is:
    (1) under the guardianship of the commissioner or a licensed child-placing agency according
to section 260C.201, subdivision 11, or 260C.317;
    (2) placed by the commissioner, commissioner's agent, or licensed child-placing agency after
a consent to adopt according to section 259.24 or under an agreement conferring authority to place
for adoption according to section 259.25; or
    (3) adopted after a direct adoptive placement ordered by the district court under section
259.47,
the court administrator shall immediately mail a copy of the recorded decree to the commissioner
of human services;
    (b) if the court is not satisfied that the proposed adoption is in the best interests of the child,
the court shall deny the petition, and shall order the child returned to the custody of the person
or agency legally vested with permanent custody or certify the case for appropriate action and
disposition to the court having jurisdiction to determine the custody and guardianship of the child.
    Subd. 2. Protection of child's best interests. (a) The policy of the state of Minnesota is to
ensure that the best interests of children are met by requiring an individualized determination of
the needs of the child and how the adoptive placement will serve the needs of the child.
    (b) Among the factors the court shall consider in determining the needs of the child are
those specified under section 260C.193, subdivision 3, paragraph (b). Consistent with section
245C.33 and Public Law 109-248, a complete background study is required before the approval
of an adoptive placement in a home.
    (c) In reviewing adoptive placement and in determining appropriate adoption, the court shall
consider placement, consistent with the child's best interests and in the following order, with (1) a
relative or relatives of the child, or (2) an important friend with whom the child has resided or
had significant contact. Placement of a child cannot be delayed or denied based on race, color, or
national origin of the adoptive parent or the child. Whenever possible, siblings should be placed
together unless it is determined not to be in the best interests of a sibling.
    (d) If the child's birth parent or parents explicitly request that relatives and important friends
not be considered, the court shall honor that request consistent with the best interests of the child.
    If the child's birth parent or parents express a preference for placing the child in an adoptive
home of the same or a similar religious background to that of the birth parent or parents, the court
shall place the child with a family that also meets the birth parent's religious preference. Only if
no family is available as described in clause (a) or (b) may the court give preference to a family
described in clause (c) that meets the parent's religious preference.
    (e) This subdivision does not affect the Indian Child Welfare Act, United States Code,
title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections
260.751 to 260.835.
    Subd. 3. Compliance with Indian Child Welfare Act. The provisions of this chapter must
be construed consistently with the Indian Child Welfare Act of 1978, United States Code, title
25, sections 1901 to 1963.
History: 1951 c 508 s 8; 1959 c 685 s 49; 1983 c 278 s 10; 1984 c 654 art 5 s 58; 1Sp1986
c 3 art 1 s 82; 1992 c 557 s 5; 1993 c 291 s 12,13; 1994 c 631 s 31; 1997 c 86 s 10; 1999 c
139 art 4 s 2; 2007 c 147 art 1 s 4; art 3 s 28

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