reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.12 — Correctional Inmates; Name Changes; Limited.

259.12 CORRECTIONAL INMATES; NAME CHANGES; LIMITED.
During an inmate's confinement in a correctional facility, as defined in section 241.021, subdivision 1, paragraph (f), an inmate may request a name change under section 259.10 only once and may proceed in forma pauperis only when the failure to allow the name change would infringe on a constitutional right of an inmate.
History:
1995 c 16 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.14 — Postdissolution Name Change.

259.14 POSTDISSOLUTION NAME CHANGE.
(a) Unless section 259.13 applies, a person who has resided in this state for at least six months and obtained the person's most recent final marriage dissolution from a district court may apply to the district court in the county where the person resides to change the person's name to the legal name on the person's birth certificate. A person applying for a name change must submit a certified copy of the certificate of dissolution issued pursuant to section 518.148 and a certified copy of the person's birth certificate. A person applying for a name change who obtained a divorce in a state other than Minnesota must submit a certified copy of the certificate of dissolution or a certified copy of an equivalent court order ending the marriage and a certified copy of the person's birth certificate.
(b) A court shall not require a person applying for a name change to pay filing fees for an application submitted pursuant to this section. Notwithstanding section 259.10, a court shall not require the person applying for a name change pursuant to this section to provide proof of the person's identity by two witnesses unless the proof of identity is necessary to determine whether the person has an intent to defraud or mislead the court.
(c) Upon meeting the requirements of this section, the court shall grant the application for a name change unless the court finds that: (1) the person has an intent to defraud or mislead the court; or (2) the name change is subject to section 259.13. The court shall notify the person applying for a name change that using a different surname without complying with section 259.13, if applicable, is a gross misdemeanor.
History:
2023 c 52 art 19 s 14
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.20 — Policy.

259.20 POLICY.
Subdivision 1.
Policy and purpose.
The policy of the state of Minnesota and the purpose of sections 259.20 to 259.65 is to ensure:
(1) that the best interests of adopted persons are met in the planning and granting of adoptions; and
(2) that laws and practices governing adoption recognize the diversity of Minnesota's population and the diverse needs of persons affected by adoption.
Subd. 2.
Other applicable law.
(a) Portions of chapters 245A, 245C, 257, 260, and 317A may also affect the adoption of a particular child.
(b) Provisions of the Indian Child Welfare Act, United States Code, title 25, chapter 21, sections 1901-1923, may also apply in the adoption of an Indian child, and may preempt specific provisions of this chapter.
(c) Consistent with section 245C.33 and Public Law 109-248, a completed background study is required before the approval of any foster or adoptive placement in a related or an unrelated home.
History:
1994 c 631 s 7,31; 1997 c 177 s 4; 2003 c 15 art 1 s 33; 2007 c 147 art 3 s 24; 2008 c 361 art 6 s 1; 2012 c 216 art 6 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.21 — Definitions.

259.21 DEFINITIONS.
Subdivision 1.
Terms.
For the purposes of sections 259.21 to 259.63 the terms defined in this section shall have the meanings respectively ascribed to them.
Subd. 2.
Child.
"Child" means a person under the age of 18 years.
Subd. 2a.
Adult adoption.
"Adult adoption" means the adoption of a person at least 18 years of age.
Subd. 3.
Parent.
"Parent" means the natural or adoptive parent of a child.
Subd. 4.
Guardian.
"Guardian" means a guardian of the ward appointed by a court of competent jurisdiction.
Subd. 5.
Commissioner.
"Commissioner" means the commissioner of human services of the state of Minnesota.
Subd. 6.
Agency.
"Agency" means an organization or department of government designated or authorized by law to place children for adoption or any person, group of persons, organization, association or society licensed or certified by the commissioner of human services to place children for adoption, including a Minnesota federally recognized tribe.
Subd. 7.
Petitioner.
"Petitioner" means a person with spouse, if there be one, petitioning for the adoption of any person or persons pursuant to sections 259.21 to 259.63. In the case of adoption by a stepparent, the parent who is the stepparent's spouse shall not be required to join the petition.
Subd. 8.
Placement.
"Placement" means the transfer of physical custody of a child from a birth parent or legal guardian to a prospective adoptive home.
Subd. 9.
Placement activities.
"Placement activities" means any of the following:
(1) placement;
(2) arranging or providing short-term foster care pending an adoptive placement;
(3) facilitating placement by maintaining a list in any form of birth parents or prospective adoptive parents;
(4) collecting health and social histories of a birth family;
(5) conducting an adoption study;
(6) witnessing consents to an adoption; or
(7) engaging in any activity listed in clauses (1) to (6) for purposes of fulfilling any requirements of the interstate compact on the placement of children.
Subd. 10.
Direct adoptive placement.
"Direct adoptive placement" means the placement of a child by a birth parent or legal guardian other than an agency under the procedure for adoption authorized by section 259.47.
Subd. 11.
Working day.
"Working day" means Monday through Friday, excluding any holiday as defined under section 645.44, subdivision 5.
Subd. 12.
Putative father.
"Putative father" means a man who may be a child's father, but who:
(1) is not married to the child's mother on or before the date that the child was or is to be born; and
(2) has not established paternity of the child according to section 257.57 in a court proceeding before the filing of a petition for the adoption of the child.
"Putative father" includes a male who is less than 18 years old.
History:
1951 c 508 s 1; 1953 c 593 s 2; 1973 c 725 s 49; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 3 s 1; 1994 c 631 s 8-11,31; 1997 c 218 s 7; 1Sp2003 c 14 art 6 s 53; 2005 c 10 art 4 s 15; 2008 c 361 art 6 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.241 — Adult Adoption.

259.241 ADULT ADOPTION.
(a) Any adult person may be adopted, regardless of the adult person's residence. A resident of Minnesota may petition the court of record having jurisdiction of adoption proceedings to adopt an individual who has reached the age of 18 years or older.
(b) The consent of the person to be adopted shall be the only consent necessary, according to section 259.24. The consent of an adult in the adult person's own adoption is invalid if the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, or if the person consenting to the adoption is determined not competent to give consent.
(c) Notwithstanding paragraph (b), a person in extended foster care under section 260C.451 may consent to the person's own adoption as long as the court with jurisdiction finds the person competent to give consent.
(d) The decree of adoption establishes a parent-child relationship between the adopting parent or parents and the person adopted, including the right to inherit, and also terminates the parental rights between the adopted person and the adopted person's birth parents according to section 259.59.
(e) If the adopted person requests a change of name, the adoption decree shall order the name change.
History:
2008 c 361 art 6 s 5; 2021 c 30 art 10 s 15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.27 — Notification Of Death Or Terminal Illness.

259.27
MS 1992 [Renumbered 259.53]
259.27 NOTIFICATION OF DEATH OR TERMINAL ILLNESS.
Subdivision 1.
Death notification.
(a) An agency authorized to place a child for adoption shall inform parents who adopt a child on or after August 1, 1987, that they must notify the agency if the child dies. The agency also shall inform the adoptive parents that the adoptive parents of an adopted child under age 19 or an adopted person age 19 or older may maintain a current address on file with the agency and indicate a desire to be notified if the agency receives information of the death of a birth parent. The agency shall inform birth parents who are entitled to notice under section 259.49 that the agency will notify them of the child's death and the cause of death, if known, provided that the birth parents desire notice and maintain current addresses on file with the agency. The agency shall inform birth parents entitled to notice under section 259.49 that they may designate individuals to notify the agency if a birth parent dies and that the agency receiving information of the birth parent's death will share it with adoptive parents, if the adopted person is under age 19, or an adopted person age 19 or older who has indicated a desire to be notified of the death of a birth parent and who maintains a current address on file with the agency.
(b) Notice to a birth parent that a child has died or to the adoptive parents or an adopted person age 19 or older that a birth parent has died shall be provided by an employee of the agency through personal, confidential contact, not by mail.
(c) Adoptive parents residing in this state whose child was adopted through an agency in another state shall, if the child dies, notify the agency of the child's death.
Subd. 2.
Terminal illness notification.
An agency authorized to place a child for adoption shall inform the adoptive parents and birth parents of a child who is adopted on or after August 1, 1987, that the birth parents, the adoptive parents of an adopted person under age 19, or an adopted person age 19 or older may request to be notified if a birth parent or the child is terminally ill. The agency shall notify the other parties if a request is received under this subdivision and inform them that upon their request the agency will share information regarding a terminal illness with the adoptive or birth parents or an adopted person age 19 or older.
History:
1987 c 173 s 1; 1994 c 631 s 31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.29 — Protection Of Best Interests In Adoptive Placements.

259.29
MS 1992 [Renumbered 259.59]
259.29 PROTECTION OF BEST INTERESTS IN ADOPTIVE PLACEMENTS.
Subdivision 1.
Best interests of the child.
(a) The policy of the state of Minnesota is to ensure that the best interests of the child are met by requiring individualized determination of the needs of the child and of how the adoptive placement will serve the needs of the child.
(b) Among the factors the agency shall consider in determining the needs of the child are those specified under section 260C.193, subdivision 3, paragraph (b).
(c) Except for emergency placements provided for in section 245A.035, a completed background study is required under section 245C.33 before the approval of an adoptive placement in a home.
Subd. 2.
Placement with relative or friend.
The authorized child-placing agency 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. In implementing this section, an authorized child-placing agency may disclose private or confidential data, as defined in section 13.02, to relatives of the child for the purpose of locating a suitable adoptive home. The agency shall disclose only data that is necessary to facilitate implementing the preference.
If the child's birth parent or parents explicitly request that placement with a specific relative or important friend not be considered, the authorized child-placing agency shall honor that request if it is consistent with the best interests of the child and consistent with the requirements of sections 260C.212, subdivision 2, and 260C.221.
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 agency shall place the child with a family that meets the birth parent's religious preference.
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.
History:
1983 c 278 s 7; 1992 c 557 s 4; 1993 c 291 s 10; 1994 c 598 s 5; 1994 c 631 s 31; 1996 c 416 s 10; 1997 c 86 s 9; 1999 c 139 art 4 s 2; 2007 c 147 art 3 s 25; 2012 c 216 art 1 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.31 — Agency Placement Factors.

259.31
MS 1992 [Renumbered 259.61]
259.31 AGENCY PLACEMENT FACTORS.
An agency shall document, in the records required to be kept under section 259.79, the reasons for each child placement decision.
History:
1994 c 631 s 16,31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.35 — Notice To Adoptive Parents.

259.35 NOTICE TO ADOPTIVE PARENTS.
Subdivision 1.
Parental responsibilities.
Prior to commencing an investigation of the suitability of proposed adoptive parents, a child-placing agency shall give the individuals the following written notice in all capital letters at least one-eighth inch high:
"Minnesota Statutes, section 259.59, provides that upon legally adopting a child, adoptive parents assume all the rights and responsibilities of birth parents. The responsibilities include providing for the child's financial support and caring for health, emotional, and behavioral problems. Except for subsidized adoptions under Minnesota Statutes, chapter 256N, or any other provisions of law that expressly apply to adoptive parents and children, adoptive parents are not eligible for state or federal financial subsidies besides those that a birth parent would be eligible to receive for a child. Adoptive parents may not terminate their parental rights to a legally adopted child for a reason that would not apply to a birth parent seeking to terminate rights to a child. An individual who takes guardianship of a child for the purpose of adopting the child shall, upon taking guardianship from the child's country of origin, assume all the rights and responsibilities of birth and adoptive parents as stated in this paragraph."
Subd. 2.
Referral to foreign agencies.
An agency in this state that refers individuals to an agency or individual in another country for the purpose of adopting a child located in that country shall provide the following information in writing at the time of making the referral:
(1) the name of any government authority in the country where the adoption agency or individual is located that licenses or regulates the adoption agency or individual;
(2) the name of the current director of the adoption agency;
(3) whether the country in which the agency or individual is located requires a legal adoption to take place in that country before a child can be removed from the country; and
(4) the notification required by subdivision 1.
History:
1987 c 187 s 3; 1994 c 631 s 31; 2013 c 125 art 1 s 53; 2021 c 30 art 9 s 14
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.39 — Commissioner's Statement.

259.39 COMMISSIONER'S STATEMENT.
The commissioner shall prepare and make available to all agencies, prospective adoptive parents, and birth parents a short, plain description of the legal adoption process and the rights and responsibilities of agencies, birth parents, and prospective adoptive parents in the process.
History:
1994 c 631 s 18,31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.43 — Birth Parent History; Commissioner's Form.

259.43 BIRTH PARENT HISTORY; COMMISSIONER'S FORM.
In any adoption under this chapter, except a stepparent or an adult adoption under section 259.241, a birth parent or an agency, if an agency placement, shall provide a prospective adoptive parent with a complete, thorough, detailed, and current social and medical history of the child being adopted, if information is known after reasonable inquiry. Each child's social and medical history must be provided on a form or forms prepared by the commissioner and must include background and health history specific to the child, the child's birth parents, and the child's other birth relatives. Applicable background and health information about the child includes: the child's current health condition, behavior, and demeanor; placement history; education history; sibling information; and birth, medical, dental, and immunization information. Redacted copies of pertinent records, assessments, and evaluations shall be attached to the child's social and medical history. Applicable background information about the child's birth parents and other birth relatives includes: general background information; education and employment history; physical health and mental health history; and reasons for the child's placement. The child's social and medical history shall be completed in a manner that protects the identities of all individuals described in it. The commissioner shall make the form available to agencies and court administrators for public distribution. The child's social and medical history must be provided to the prospective adoptive family prior to adoptive placement, provided to the Department of Human Services with application for adoption assistance, if applicable, and filed with the court when the adoption petition is filed. In a direct adoptive placement, the child's social and medical history must be filed with the court with the motion for temporary preadoptive custody.
History:
1994 c 631 s 20,31; 2008 c 361 art 6 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.45 — State Audit Of Adoption Agency; Civil Action.

259.45
MS 1992 [Renumbered 259.75]
259.45 STATE AUDIT OF ADOPTION AGENCY; CIVIL ACTION.
Subdivision 1.
Audit.
If the commissioner or attorney general has good cause to believe that a child-placing agency has violated section 259.37, subdivision 1, 259.55, 317A.907, or any other applicable law dealing with fees, payments, accounts, or financial disclosure by a child-placing agency, the commissioner or the attorney general may seek a court order requiring a financial audit of the agency, at the agency's expense, by an auditor chosen by the commissioner or attorney general.
Subd. 2.
Civil action.
A court may grant equitable or monetary relief that is just and reasonable in the circumstances or may dissolve an adoption agency and liquidate its assets if the assets of the agency are being misapplied or wasted. The attorney general or the commissioner may bring an action in district court if the directors or those in control of the agency have misapplied or wasted assets of the agency or have acted fraudulently, illegally, or in a manner unfairly prejudicial toward a client of the agency in the capacity of a director or one in control of the agency.
History:
1994 c 631 s 21,31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.55 — Payment Of Birth Parent Expenses; Penalty.

259.55 PAYMENT OF BIRTH PARENT EXPENSES; PENALTY.
Subdivision 1.
Authorized payments.
In any adoption under this chapter, a prospective adoptive parent or anyone acting in concert with, at the direction of, or on behalf of a prospective adoptive parent may pay only the following expenses of the birth parent:
(1) reasonable counseling, medical, and legal fees, which shall be paid directly to the provider of the service;
(2) reasonable expenses for transportation, meals, and lodging incurred for placement of the child or in order to receive counseling, legal, or medical services related to the pregnancy, birth, or placement;
(3) reasonable expenses for adoption services provided by an agency at the request of the birth parent, which shall be paid directly to the agency; and
(4) reasonable living expenses of the birth mother which are needed to maintain an adequate standard of living which the birth mother is unable to otherwise maintain because of loss of income or other support resulting from the pregnancy.
(i) The payments may cover expenses incurred during the pregnancy-related incapacity but not for a period longer than six weeks following delivery, unless the court determines within the six-week period that the birth mother is unable to be employed due to physical limitations relating to the birth of the child;
(ii) the payment shall not be contingent upon placement of the child for adoption, consent to adoption, or cooperation in the completion of the adoption; and
(iii) reasonable living expenses does not include expenses for lost wages, gifts, educational expenses, or other similar expenses of the birth mother.
Subd. 2.
No birth parent reimbursement to adoptive parent.
A contract purporting to require a birth parent to reimburse a prospective adoptive parent for such payments under any circumstances, including circumstances in which a birth parent refuses to consent to adoption or withdraws consent to adoption, is void as against public policy.
Subd. 3.
Prohibited payments; penalty.
(a) Except as authorized under subdivision 1, it is a gross misdemeanor for an individual to give, or for a birth parent to accept, money or anything of value, or compensation for the placement of a child for adoption.
(b) It is a gross misdemeanor for any person to give money or anything of value to the birth parent of a child if the person is engaged or has engaged in any placement activity, as defined in section 259.21, subdivision 9, in connection with the adoption of the child.
(c) An offense under this subdivision shall be prosecuted by the county attorney.
History:
1994 c 631 s 27,31; 1997 c 177 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.59 — Effect Of Adoption.

259.59 EFFECT OF ADOPTION.
Subdivision 1.
Legal effect.
Upon adoption, the adopted person shall become the legal child of the adopting persons and they shall become the legal parents of the child with all the rights and duties between them of birth parents and legitimate child. By virtue of the adoption the adopted person shall inherit from the adoptive parents or their relatives the same as though the adopted person were the natural child of the parents, and in case of the adopted person's death intestate the adoptive parents and their relatives shall inherit the adopted person's estate as if the adopted person had been the child's birth parents and relatives. After a decree of adoption is entered the birth parents of an adopted person shall be relieved of all parental responsibilities for the adopted person, and they shall not exercise or have any rights over the adopted person or the adopted person's property. The adopted person shall not owe the birth parents or their relatives any legal duty nor shall the adopted person inherit from the birth parents or kindred, except as provided in subdivision 1a and section 257C.08, subdivision 6.
Subd. 1a.
Adoption by stepparent.
Notwithstanding any other provisions to the contrary in this section, the adoption of a child by a stepparent shall not in any way change the status of the relationship between the child and the child's birth parent who is the spouse of the petitioning stepparent.
If a parent dies and a child is subsequently adopted by a stepparent who is the spouse of a surviving parent, any rights of inheritance of the child or the child's issue from or through the deceased parent of the child which exist at the time of the death of that parent shall not be affected by the adoption.
Subd. 2.
Enrollment in American Indian tribe.
Notwithstanding the provisions of subdivision 1, the adoption of a person whose birth parent or parents are enrolled in an American Indian tribe shall not change the person's enrollment in that tribe.
Subd. 3.
Communication or contact agreements.
This section does not prohibit birth parents, birth relatives, and adoptive parents from entering a communication or contact agreement under section 259.58.
History:
1951 c 508 s 9; 1978 c 602 s 2; 1979 c 11 s 1; 1980 c 589 s 36; 1994 c 465 art 1 s 62; 1994 c 631 s 31; 1997 c 112 s 4; 1997 c 177 s 17; 1997 c 239 art 6 s 11; 2002 c 304 s 13; 2008 c 361 art 6 s 11,12
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.60 — Intercountry Adoptions; Obtaining Amended Birth Record.

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 Citizenship and Immigration Services.
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 Citizenship and Immigration Services, 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.
History:
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; 2007 c 13 art 1 s 25
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.61 — Hearings, Confidential.

259.61 HEARINGS, CONFIDENTIAL.
All hearings held in proceedings under sections 259.21 to 259.63 shall be confidential and shall be held in closed court without admittance of any persons other than the petitioners, their witnesses, the commissioner of human services or an agency, or their authorized representatives, attorneys, and persons entitled to notice by sections 259.21 to 259.63, except by order of the court. The files and records of the court in adoption proceedings shall not be open to inspection by any person except the commissioner of human services or the commissioner's representatives, an agency acting under section 259.47, subdivision 10, or upon an order of the court expressly so permitting pursuant to a petition setting forth the reasons therefor. In a stepparent adoption, upon receiving a written request from a parent whose parental rights would be or have been severed by the adoption under section 259.59, the court or the commissioner may confirm in writing whether or not an adoption decree has been granted and, if so, the date of the adoption decree.
History:
1951 c 508 s 11; 1984 c 654 art 5 s 58; 1986 c 444; 1994 c 631 s 28,31; 1997 c 177 s 19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.63 — Appeals.

259.63 APPEALS.
Any order, judgment, or decree of a court pursuant to the provisions of sections 259.21 to 259.63 may be appealed by any person against whom the order, judgment, or decree is made or who is affected by it as in other civil cases.
History:
1951 c 508 s 12; 1959 c 685 s 50; 1983 c 247 s 110; 1994 c 631 s 31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.65 — Appointment Of Attorney And Guardian Ad Litem.

259.65 APPOINTMENT OF ATTORNEY AND GUARDIAN AD LITEM.
Subdivision 1.
Appointment.
In any adoption proceeding, the court may appoint an attorney or a guardian ad litem, or both, for the person being adopted.
Subd. 2.
Costs.
The court may order the adopting parents to pay the costs of services rendered by guardians or attorneys appointed pursuant to subdivision 1, provided that such parents shall be given a reasonable opportunity to be heard.
History:
1974 c 383 s 1,2; 1994 c 631 s 31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.73 — Reimbursement Of Nonrecurring Adoption Expenses.

259.73 REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES.
An individual may apply for reimbursement for costs incurred in an adoption of a child with special needs under section 256N.25, subdivision 1a.
History:
1989 c 282 art 2 s 164; 1994 c 631 s 31; 1999 c 245 art 8 s 36; 2012 c 216 art 6 s 3; 2021 c 30 art 9 s 15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.77 — Family Recruitment.

259.77 FAMILY RECRUITMENT.
Each authorized child-placing agency shall make special efforts to recruit an adoptive family from among the child's relatives, except as authorized in section 259.57, subdivision 2. Each agency shall provide for the diligent recruitment of potential adoptive families that reflect the ethnic and racial diversity of children in the state for whom adoptive homes are needed. Special efforts include contacting and working with community organizations and religious organizations and may include contracting with these organizations, utilizing local media and other local resources, and conducting outreach activities. The requirement of special efforts to locate relatives in this section is satisfied if special efforts were made to recruit relatives when the child was first placed in out-of-home care or if special efforts have been satisfied and approved by the court according to section 260C.202. The agency may accept any gifts, grants, offers of services, and other contributions to use in making special recruitment efforts.
History:
1983 c 278 s 11; 1992 c 557 s 6; 1993 c 291 s 14; 1994 c 631 s 31; 1996 c 416 s 13; 1997 c 86 s 11; 1999 c 139 art 4 s 2; 2012 c 216 art 6 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.78 — Grandparent Visitation.

259.78 GRANDPARENT VISITATION.
Grandparent visitation with an adopted child is governed by section 257C.08.
History:
1997 c 177 s 21; 2002 c 304 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.79 — Adoption Records.

259.79 ADOPTION RECORDS.
Subdivision 1.
Content.
(a) The adoption records of the commissioner's agents and licensed child-placing agencies shall contain copies of all relevant legal documents, responsibly collected genetic, medical and social history of the child and the child's birth parents, the child's placement record, copies of all pertinent agreements, contracts, and correspondence relevant to the adoption, and copies of all reports and recommendations made to the court.
(b) The commissioner of human services shall maintain a permanent record of all adoptions granted in district court in Minnesota regarding children who are:
(1) under guardianship of the commissioner or a licensed child-placing agency according to section 260C.317 or 260C.515, subdivision 3;
(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 approved by the district court under section 259.47.
Each record shall contain identifying information about the child, the birth or legal parents, and adoptive parents, including race where such data is available. The record must also contain: (1) the date the child was legally freed for adoption; (2) the date of the adoptive placement; (3) the name of the placing agency; (4) the county where the adoptive placement occurred; (5) the date that the petition to adopt was filed; (6) the county where the petition to adopt was filed; and (7) the date and county where the adoption decree was granted.
(c) Identifying information contained in the adoption record shall be confidential and shall be disclosed only pursuant to section 259.61.
Subd. 2.
Use.
Each adoption record shall constitute the permanent record upon which court action is based and agency services are administered.
Subd. 3.
Retention; records made public.
All adoption records shall be retained on a permanent basis under a protected record system which ensures confidentiality and lasting preservation. All adoption records shall become public records on the 100th anniversary of the granting of the adoption decree.
History:
1982 c 584 s 2; 1986 c 444; 1994 c 631 s 31; 1997 c 177 s 22; 2005 c 159 art 2 s 9; 2012 c 216 art 6 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.81 — Referral For Services.

259.81 REFERRAL FOR SERVICES.
When a parent contacts a licensed child-placing agency and requests out-of-home placement for a child, the agency shall refer the parent to the local welfare agency if the child-placing agency is not able to arrange a shelter or foster placement for the child as requested by the parent.
History:
1987 c 187 s 4; 1994 c 631 s 31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.87 — Rules.

259.87 RULES.
The commissioner of human services shall make rules as necessary to administer sections 259.79 and 259.83.
History:
1982 c 584 s 4; 1984 c 654 art 5 s 58; 1994 c 631 s 31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259 — Change Of Name, Adoption › Section 259.88 — Data And Best Practices.

259.88 DATA AND BEST PRACTICES.
Subdivision 1.
Required data for postadoption search services.
(a) The commissioner of human services must collect data from all adoption agencies for six months in order to establish benchmarks to evaluate postadoption search services. The data must include:
(1) the percentage of requests resulting in successful location of the other party;
(2) the percentage of requests resulting in successful completion of the commissioner's designated form for family medical and social history;
(3) the time from request for search to completion of search; and
(4) the number and type of efforts used to complete the search.
(b) Agencies must provide the number of search requests received during the six-month period prior to June 2, 2005, to the commissioner of human services.
(c) The data must be used to establish reasonable efforts in developing the best practices under subdivision 2.
Subd. 2.
Best practices.
The commissioner of human services, in consultation with the commissioner of health, must develop best practice guidelines for conducting postadoption services.
History:
2005 c 129 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259A — Adoption Assistance › Section 259A.05 — Program Administration.

259A.05 PROGRAM ADMINISTRATION.
Subdivision 1.
Administration of title IV-E program.
The title IV-E Adoption Assistance Program shall operate according to the requirements of United States Code, title 42, sections 671 and 673, and Code of Federal Regulations, parts 1355 and 1356.
Subd. 2.
Administration responsibilities.
(a) AFDC relatedness is one eligibility component of title IV-E adoption assistance. The AFDC relatedness determination shall be made by an agency according to policies and procedures prescribed by the commissioner.
(b) Subject to commissioner approval, the child-placing agency shall certify a child's eligibility for adoption assistance in writing on the forms prescribed by the commissioner according to section 259A.15.
(c) Children who meet all eligibility criteria, except those specific to title IV-E, shall receive adoption assistance paid through state funds.
(d) The child-placing agency is responsible for assisting the commissioner with the administration of the adoption assistance program by conducting assessments, reassessments, negotiations, and other activities as specified by the requirements and procedures prescribed by the commissioner.
(e) The child-placing agency shall notify an adoptive parent of a child's eligibility for Medicaid in the state of residence. In Minnesota, the child-placing agency shall refer the adoptive parent to the appropriate social service agency in the parent's county of residence that administers medical assistance. The child-placing agency shall inform the adoptive parent of the requirement to comply with the rules of the applicable Medicaid program.
Subd. 3.
Procedures, requirements, and deadlines.
The commissioner shall specify procedures, requirements, and deadlines for the administration of adoption assistance in accordance with this section.
Subd. 4.
Promotion of programs.
(a) Parents who adopt children with special needs must be informed of the adoption tax credit.
(b) The commissioner shall actively seek ways to promote the adoption assistance program, including informing prospective adoptive parents of eligible children under guardianship of the commissioner and the availability of adoption assistance.
Subd. 5.
Transfer of funds.
The commissioner of human services may transfer funds into the adoption assistance account when a deficit in the adoption assistance program occurs.
History:
1986 c 414 s 3; 1994 c 631 s 31; 1Sp2003 c 14 art 11 s 11; 2012 c 216 art 3 s 2; art 6 s 2,13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259A — Adoption Assistance › Section 259A.12 — No New Execution Of Adoption Assistance Agreements.

259A.12 NO NEW EXECUTION OF ADOPTION ASSISTANCE AGREEMENTS.
After November 26, 2014, new adoption assistance agreements must not be executed under this section. Agreements that were signed on or before November 26, 2014, and were not in effect because the adoption finalization of the child did not occur on or before November 26, 2014, must be renegotiated according to the terms of Northstar Care for Children under chapter 256N. Agreements signed and in effect on or before November 26, 2014, must continue according to the terms of this section and applicable rules for the duration of the agreement, unless the commissioner and the adoptive parents choose to renegotiate the agreements under Northstar Care for Children consistent with section 256N.28, subdivision 7. After November 26, 2014, this section and associated rules must be referred to as the pre-Northstar Care for Children adoption assistance program and shall apply to children whose adoption assistance agreements were in effect on or before November 26, 2014, and whose adoptive parents have not renegotiated their agreements according to the terms of Northstar Care for Children.
History:
2013 c 108 art 17 s 19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259A — Adoption Assistance › Section 259A.30 — Reporting Responsibilities.

259A.30 REPORTING RESPONSIBILITIES.
Subdivision 1.
Notification of change.
(a) An adoptive parent who has an adoption assistance agreement shall keep the agency administering the program informed of changes in status or circumstances that would make the child ineligible for the payments or eligible for payments in a different amount.
(b) As long as the agreement is in effect, the adoptive parent agrees to notify the agency administering the program in writing within 30 days of any of the following changes:
(1) the child's or adoptive parent's legal name;
(2) the family's address;
(3) the child's legal custody status;
(4) the child's completion of high school, if this occurs after the child attains age 18;
(5) the end of an adoptive parent's legal responsibility to support the child based on termination of parental rights of the adoptive parent, transfer of guardianship to another person, or transfer of permanent legal and physical custody to another person;
(6) the end of an adoptive parent's financial support of the child;
(7) the death of the child;
(8) the death of the adoptive parent;
(9) the child enlists in the military;
(10) the child gets married;
(11) the child becomes an emancipated minor through legal action;
(12) the adoptive parents separate or divorce;
(13) the child is residing outside the adoptive home for a period of more than 30 consecutive days; and
(14) the child's status upon which eligibility for extension under section 259A.45, subdivision 2 or 3, was based.
Subd. 2.
Correct and true information.
If the adoptive parent reports information the adoptive parent knows is untrue, the adoptive parent fails to notify the commissioner of changes that may affect eligibility, or the agency administering the program receives information the adoptive parent did not report, the adoptive parent may be investigated for theft and, if charged and convicted, shall be sentenced under section 609.52, subdivision 3, clauses (1) to (5).
History:
2012 c 216 art 3 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 259A — Adoption Assistance › Section 259A.35 — Termination Of Agreement.

259A.35 TERMINATION OF AGREEMENT.
Subdivision 1.
Reasons for termination.
(a) An adoption assistance agreement shall terminate in any of the following circumstances:
(1) the child has attained the age of 18, or up to age 21, when the child meets a condition for extension as outlined in section 259A.45, subdivision 1;
(2) the child has not attained the age of 18, but the commissioner determines the adoptive parent is no longer legally responsible for support of the child;
(3) the commissioner determines the adoptive parent is no longer providing financial support to the child up to age 21;
(4) the death of the child; or
(5) the adoptive parent requests in writing termination of the adoption assistance agreement.
(b) An adoptive parent is considered no longer legally responsible for support of the child in any of the following circumstances:
(1) parental rights to the child are legally terminated or a court accepted the parent's consent to adoption under chapter 260C;
(2) permanent legal and physical custody or guardianship of the child is transferred to another individual;
(3) the death of adoptive parent;
(4) the child enlists in the military;
(5) the child gets married; or
(6) the child is determined an emancipated minor through legal action.
Subd. 2.
Death of adoptive parent or adoption dissolution.
The adoption assistance agreement ends upon death or termination of parental rights of both adoptive parents in the case of a two-parent adoption, or the sole adoptive parent in the case of a single-parent adoption. The child's adoption assistance eligibility may be continued according to section 259A.40.
Subd. 3.
Termination notice for parent.
The commissioner shall provide the child's parent written notice of termination of payment. Termination notices must be sent according to the requirements and procedures prescribed by the commissioner.
History:
2012 c 216 art 3 s 8