2006 Minnesota Statutes

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
written consent.
    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 259.43.
(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
259.43 when obtaining the information for the adopted person or adoptive parent.
    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 259.89 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 259.89, 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 259.61 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