2002 Minnesota Statutes

     259.60 Intercountry adoptions; obtaining amended birth 
  record. 

    Subdivision 1.    Validity of intercountry adoption.  
 The adoption of a child by a resident of this state under the 
 laws of a foreign country is valid and binding under the laws of 
 this state if the validity of the foreign adoption has been 
 verified by the granting of an IR-3 visa for the child by the 
 United States Immigration and Naturalization Service. 

    Subd. 2.    Amended birth record; procedure and order; 
 decree recognizing adoption.  (a) Under the procedures in 
 paragraph (b), a person, whose adoption of a child under the 
 laws of a foreign country is valid in this state under 
 subdivision 1, may petition the district court in the county 
 where the adoptive parent resides for a decree confirming and 
 recognizing the adoption, changing the child's legal name, if 
 requested in the petition, and authorizing the commissioner of 
 health to issue a new birth record for the child under section 
 144.218, subdivision 2. 

    (b) A court shall issue the decree described in paragraph 
 (a) upon receipt of the following documents: 

    (1) a petition by the adoptive parent stating that the 
 adoptive parent completed adoption of the child under the laws 
 of a foreign country and that the adoption is valid in this 
 state under subdivision 1 and requesting that the court issue a 
 decree confirming and recognizing the adoption, changing the 
 child's legal name, if desired, and authorizing the commissioner 
 of health to issue a new birth record for the child under 
 section 144.218, subdivision 2.  The petition must be in the 
 form of a signed, sworn, and notarized statement; 

    (2) a copy of the child's original birth record, if 
 available; 

    (3) a copy of the final adoption certificate or equivalent 
 as issued by the foreign jurisdiction; 

    (4) a copy of the child's passport including the United 
 States visa indicating IR-3 immigration status; and 

    (5) certified English translations of any of the documents 
 in clauses (2) to (4) that are not written in the English 
 language. 

    (c) Upon issuing a decree under this section, the court 
 shall forward to the commissioners of health and human services 
 a copy of the decree.  The court shall also complete and forward 
 to the commissioner of health the certificate of adoption, 
 unless another form has been specified by the commissioner of 
 health. 

    Subd. 3.    Postadoption report.  If a child is adopted 
 by a resident of this state under the laws of a foreign country 
 or if a resident of this state brings a child into the state 
 under an IR-3 or IR-4 visa issued for the child by the United 
 States Immigration and Naturalization Service, the postadoption 
 reporting requirements of the country in which the child was 
 adopted, applicable at the time of the child's adoption, must be 
 given full faith and credit by the courts of this state and 
 apply to the adoptive placement of that child. 

    HIST: 1997 c 177 s 18; 1998 c 406 art 1 s 21,37; 1998 c 407 
 art 9 s 20; 1999 c 122 s 8; 1Sp2001 c 9 art 15 s 32