Minnesota

Overview

Original Birth Certificates Minnesota is an Unrestricted State. On July 1, 2024, Minnesota restored the right of all Minnesota-born adult adopted people to apply for and obtain a copy of their own original birth records. This includes the spouse, children, and grandchildren of the adopted person if the person is deceased. More information about the new law is here.

Court Records. Court adoption records may only be released by court order. Minnesota’s adoption court records were not sealed from all parties until 1945.

Identifying Information. Other than information provided with the original birth record, no additional identifying information is provided. Identifying information held by the courts or an adoption agency remain confidential, with one exception under the new law: persons born in another state and adopted in Minnesota may request and obtain a birth parent’s name, place of birth, and date of birth from the adoption agency if that information is available.

Descendant Rights. Descendants of a deceased adopted person may request and obtain a copy of the adoptee’s original birth record. The descendant, defined to be child or granchild, must be at least 18 years of age. Adoption records are also made public 100 years after the adopted person’s date of birth.

Birthparent Rights to the Original Birth Record. A birthparent named on the original birth record has a right to request and obtain a copy of the record. The record will be released with the birth registration number removed. The form for a birthparent to request the record is here.

Adult Adoption. Minnesota law provides for the adoption of adults, including adults in extended foster care. Consent of the adult being adopted is the only consent necessary for the adoption. An adopted adult’s right to obtain their own pre-adoption birth record is not limited by law.

Minnesota Law: Vital Records and Birth Certificates

Relevant parts of Minnesota vital records law. The entire Minnesota vital records statute is available here, starting with section 144.211.

144.216 Foundling Registration
Subdivision 1.Reporting foundling. Whoever finds a live born infant of unknown parentage shall report within five days to the Office of Vital Records such information as the commissioner may by rule require to identify the foundling.

Subd. 2. Status of foundling reports. A report registered under subdivision 1 shall constitute the record of birth for the child. Information about the newborn shall be registered by the state registrar in accordance with Minnesota Rules, part 4601.0600, subpart 4, item C. If the child is identified and a record of birth is found or obtained, the report registered under subdivision 1 shall be confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order.

Subd. 3. Reporting safe place newborns. Hospitals that receive a newborn under section 145.902 shall report the birth of the newborn to the Office of Vital Records within five days after receiving the newborn. Information about the newborn shall be registered by the state registrar in accordance with Minnesota Rules, part 4601.0600, subpart 4, item C.

Subd. 4. Status of safe place birth reports and registrations. (a) Information about a safe place newborn registered under subdivision 3 shall constitute the record of birth for the child. The record shall be confidential pursuant to section 13.02, subdivision 3. Information on the birth record or a birth certificate issued from the birth record shall be disclosed only to the responsible social services agency or pursuant to a court order.

(b) Information about a safe place newborn registered under subdivision 3 shall constitute the record of birth for the child. If the safe place newborn was born in a hospital and it is known that a record of birth was registered, filed, or amended, the original birth record registered under section 144.215 shall be replaced pursuant to section 144.218, subdivision 6.

Subd. 6. Safe place newborn; birth record. If a safe place infant birth is registered pursuant to section 144.216, subdivision 4, paragraph (b), the state registrar shall issue a replacement birth record free of information that identifies a parent. The prior vital record shall be confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to a court order.

144.218. Replacement Birth Records
Subdivision 1. Adoption. Upon receipt of a certified copy of an order, decree, or certificate of adoption, the state registrar shall register a replacement vital record in the new name of the adopted person. The original record of birth is confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order or section 144.2252. The information contained on the original birth record, except for the registration number, shall be provided on request to a parent who is named on the original birth record. Upon the receipt of a certified copy of a court order of annulment of adoption the state registrar shall restore the original vital record to its original place in the file.

Subd. 2. Adoption of foreign persons. In proceedings for the adoption of a person who was born in a foreign country, the court, upon evidence presented by the commissioner of human services from information secured at the port of entry or upon evidence from other reliable sources, may make findings of fact as to the date and place of birth and parentage. Upon receipt of certified copies of the court findings and the order or decree of adoption, a certificate of adoption, or a certified copy of a decree issued under section 259.60, the state registrar shall register a birth record in the new name of the adopted person. The certified copies of the court findings and the order or decree of adoption, certificate of adoption, or decree issued under section 259.60 are confidential, pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order or section 144.2252. The birth record shall state the place of birth as specifically as possible and that the vital record is not evidence of United States citizenship.

Subd. 4. Incomplete, incorrect, and modified vital records. If a court finds that a birth record is incomplete, inaccurate, or false or if it is being issued pursuant to section 259.10, subdivision 2, the court may order the registration of a replacement vital record, and, if necessary, set forth the correct information in the order. Upon receipt of the order, the registrar shall register a replacement vital record containing the findings of the court. The prior vital record shall be confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order.

Subd. 5. Replacement of vital records. Upon the order of a court of this state, upon the request of a court of another state, or upon the filing of a recognition of parentage with the state registrar, a replacement birth record must be registered consistent with the findings of the court or the recognition of parentage.

Subd. 6. Safe place newborn; birth record. If a safe place infant birth is registered pursuant to section 144.216, subdivision 4, paragraph (b), the state registrar shall issue a replacement birth record free of information that identifies a parent. The prior vital record shall be confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to a court order.

144.225 Disclosure of Information from Vital Records
Subdivision 1. Public information; access to vital records. Except as otherwise provided for in this section and section 144.2252, information contained in vital records shall be public information. Physical access to vital records shall be subject to the supervision and regulation of the state registrar and employees pursuant to rules promulgated by the commissioner in order to protect vital records from loss, mutilation or destruction and to prevent improper disclosure of vital records which are confidential or private data on individuals, as defined in section 13.02, subdivisions 3 and 12.

Subd. 2. Data about births. (a) Except as otherwise provided in this subdivision, data pertaining to the birth of a child to a woman who was not married to the child’s father when the child was conceived nor when the child was born, including the original record of birth and the certified vital record, are confidential data. At the time of the birth of a child to a woman who was not married to the child’s father when the child was conceived nor when the child was born, the mother may designate demographic data pertaining to the birth as public. Notwithstanding the designation of the data as confidential, it may be disclosed:

(1) to a parent or guardian of the child;
(2) to the child when the child is 16 years of age or older, except as provided in clause (3);
(3) to the child if the child is a homeless youth;
(4) under paragraph (b), (e), or (f); or
(5) pursuant to a court order. For purposes of this section, a subpoena does not constitute a court order.

(b) Unless the child is adopted, data pertaining to the birth of a child that are not accessible to the public become public data if 100 years have elapsed since the birth of the child who is the subject of the data, or as provided under section 13.10, whichever occurs first.

(c) If a child is adopted, data pertaining to the child’s birth are governed by the provisions relating to adoption records, including sections 13.10, subdivision 5; 144.218, subdivision 1; 144.2252; and 259.89.

(d) The name and address of a mother under paragraph (a) and the child’s date of birth may be disclosed to the county social services, tribal health department, or public health member of a family services collaborative for purposes of providing services under section 124D.23.

(e) The commissioner of human services shall have access to birth records for the purposes of administering medical assistance and the MinnesotaCare program and other public health purposes as determined by the commissioner of health.

(f) Tribal child support programs shall have access to birth records for child support enforcement purposes.

(g) The commissioner of children, youth, and families shall have access to birth records for child support enforcement purposes and other public health purposes as determined by the commissioner of health.

Subd. 2a. Health data associated with birth registration. Information from which an identification of risk for disease, disability, or developmental delay in a mother or child can be made, that is collected in conjunction with birth registration or fetal death reporting, is private data as defined in section 13.02, subdivision 12. The commissioner may disclose to a tribal health department or community health board, as defined in section 145A.02, subdivision 5, health data associated with birth registration which identifies a mother or child at high risk for serious disease, disability, or developmental delay in order to assure access to appropriate health, social, or educational services. Notwithstanding the designation of the private data, the commissioner of human services shall have access to health data associated with birth registration for:

(1) purposes of administering medical assistance and the MinnesotaCare program; and
(2) for other public health purposes as determined by the commissioner of health.

Subd. 2b. Commissioner of health; duties. Notwithstanding the designation of certain of this data as confidential under subdivision 2 or private under subdivision 2a, the commissioner shall give the commissioners of human services and children, youth, and families access to birth record data and data contained in recognitions of parentage prepared according to section 257.75 necessary to enable the commissioners of human services and children, youth, and families to identify a child who is subject to threatened injury, as defined in section 260E.03, subdivision 23, by a person responsible for the child’s care, as defined in section 260E.03, subdivision 17. The commissioners shall be given access to all data included on official birth records.

Subd. 3. Laws and rules for preparing vital records. No person shall prepare or issue any vital record which purports to be an original, certified copy, or copy of a vital record except as authorized in sections 144.211 to 144.227 or the rules of the commissioner.

Subd. 4. Access to records for research purposes. The state registrar may permit persons performing medical research access to the information restricted in subdivision 2 or 2a if those persons agree in writing not to disclose private or confidential data on individuals.

Subd. 5. Residents of other states. When a resident of another state is born or dies in this state, the state registrar shall send a report of the birth or death to the state of residence.

[Subd. 6 Omitted here for length and non-relevance]

Subd. 7. Certified birth or death record. (a) The state registrar or local issuance office shall issue a certified birth or death record or a statement of no vital record found to an individual upon the individual’s proper completion of an attestation provided by the commissioner and payment of the required fee:

(1) to a person who is:

(i) the subject of the vital record;
(ii) a child of the subject;
(iii) the spouse of the subject;
(iv) a parent of the subject;
(v) the grandparent or grandchild of the subject;
(vi) if the requested record is a death record, a sibling of the subject;
(vii) the legal custodian, guardian or conservator, or health care agent of the subject;
(viii) a personal representative, by sworn affidavit of the fact that the certified copy is required for administration of the estate;
(ix) a successor of the subject, as defined in section 524.1-201, if the subject is deceased, by sworn affidavit of the fact that the certified copy is required for administration of the estate;
(x) if the requested record is a death record, a trustee of a trust by sworn affidavit of the fact that the certified copy is needed for the proper administration of the trust;
(xi) a person or entity who demonstrates that a certified vital record is necessary for the determination or protection of a personal or property right, pursuant to rules adopted by the commissioner; or
(xii) an adoption agency in order to complete confidential postadoption searches as required by section 259.83;

(2) to any local, state, tribal, or federal governmental agency upon request if the certified vital record is necessary for the governmental agency to perform its authorized duties;

(3) to an attorney representing the subject of the vital record or another person listed in clause (1), upon evidence of the attorney’s license;

(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes of this section, a subpoena does not constitute a court order; or

(5) to a representative authorized by a person under clauses (1) to (4).

(b) The state registrar or local issuance office shall also issue a certified death record to an individual described in paragraph (a), clause (1), items (ii) to (xi), if, on behalf of the individual, a licensed mortician furnishes the registrar with a properly completed attestation in the form provided by the commissioner within 180 days of the time of death of the subject of the death record. This paragraph is not subject to the requirements specified in Minnesota Rules, part 4601.2600, subpart 5, item B.

Subd. 8. Standardized format for certified birth and death records. The commissioner shall maintain a standardized format for certified birth records and death records issued by the state registrar and local issuance offices. The format shall incorporate security features in accordance with this section.

144.2252 Access to Original Birth Record After Adoption
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.

(b) “Person related to the adopted person” means:

(1) the spouse, child, or grandchild of an adopted person, if the spouse, child, or grandchild is at least 18 years of age; or
(2) the legal representative of an adopted person.

The definition under this paragraph only applies when the adopted person is deceased.

(c) “Original birth record” means a copy of the original birth record for a person who is born in Minnesota and whose original birth record was sealed and replaced by a replacement birth record after the state registrar received a certified copy of an order, decree, or certificate of adoption.

Subd. 2. Release of original birth record. (a) The state registrar must provide to an adopted person who is 18 years of age or older or a person related to the adopted person a copy of the adopted person’s original birth record and any evidence of the adoption previously filed with the state registrar. To receive a copy of an original birth record under this subdivision, the adopted person or person related to the adopted person must make the request to the state registrar in writing. The copy of the original birth record must clearly indicate that it may not be used for identification purposes. All procedures, fees, and waiting periods applicable to a nonadopted person’s request for a copy of a birth record apply in the same manner as requests made under this section.

(b) If a contact preference form is attached to the original birth record as authorized under section 144.2253, the state registrar must provide a copy of the contact preference form along with the copy of the adopted person’s original birth record

(c) The state registrar shall provide a transcript of an adopted person’s original birth record to an authorized representative of a federally recognized American Indian Tribe for the sole purpose of determining the adopted person’s eligibility for enrollment or membership. Information contained in the birth record may not be used to provide the adopted person information about the person’s birth parents, except as provided in this section or section 259.83.

(d) For a replacement birth record issued under section 144.218, the adopted person or a person related to the adopted person may obtain from the state registrar copies of the order or decree of adoption, certificate of adoption, or decree issued under section 259.60, as filed with the state registrar.

(e) The state registrar may request assistance from the commissioner of children, youth, and families if needed to discharge duties under this section, as authorized under section 259.79.

Subd. 3. Adult adoptions. Notwithstanding section 144.218, a person adopted as an adult may access the person’s birth records that existed before the person’s adult adoption. Access to the existing birth records shall be the same access that was permitted prior to the adult adoption.

144.2253 Birth Parent Contact Preference Form
(a) The commissioner must make available to the public a contact preference form as described in paragraph (b).

(b) The contact preference form must provide the following information to be completed at the option of a birth parent:

(1) “I would like to be contacted.”
(2) “I would prefer to be contacted only through an intermediary.”
(3) “I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the Minnesota Department of Health.”

(c) A contact preference form must include space where the birth parent may include information that the birth parent feels is important for the adopted person to know.

(d) If a birth parent of an adopted person submits a completed contact preference form to the commissioner, the commissioner must:

(1) match the contact preference form to the adopted person’s original birth record. The commissioner may request assistance from the commissioner of children, youth, and families if needed to discharge duties under this clause, as authorized under section 259.79; and

(2) attach the contact preference form to the original birth record as required under section 144.2252.

(e) A contact preference form submitted to the commissioner under this section is private data on an individual as defined in section 13.02, subdivision 12, except that the contact preference form may be released as provided under section 144.2252, subdivision 2.

144.2254 Previously Filed Consents to Disclosure and Affidavits of Nondisclosure
(a) The commissioner must inform a person applying for an original birth record under section 144.2252 of the existence of an unrevoked consent to disclosure or an affidavit of nondisclosure on file with the department, including the name of the birth parent who filed the consent or affidavit. If a birth parent authorized the release of the birth parent’s address on an unrevoked consent to disclosure, the commissioner shall provide the address to the person who requests the original birth record.

(b) A birth parent’s consent to disclosure or affidavit of nondisclosure filed with the commissioner of health expires and has no force or effect beginning on June 30, 2024.

144.227 Penalties
Subdivision 1. False statements. A person who intentionally makes a false statement in a certificate, vital record, or report required to be filed under sections 144.211 to 144.2131 or 144.216 to 144.227, or in an application for an amendment thereof, or in an application for a certified vital record or who supplies false information intending that the information be used in the preparation of a report, vital record, certificate, or amendment thereof, is guilty of a misdemeanor.

Subd. 2. Fraud. A person who, without lawful authority and with the intent to deceive, willfully and knowingly makes, counterfeits, alters, obtains, possesses, uses, or sells a certificate, vital record, or report required to be filed under sections 144.211 to 144.227 or a certified certificate, vital record, or report, is guilty of a gross misdemeanor.

Subd. 3. Birth registration. A person who intentionally makes a false statement in a registration required under section 144.215 or in an application for an amendment to such a registration or who intentionally supplies false information intending that the information be used in the preparation of a registration under section 144.215 is guilty of a gross misdemeanor. This offense shall be prosecuted by the county attorney.

Minnesota Law: Court and Adoption Records

Relevant portions of Minnesota’s adoption law related to court records. The entire Minnesota adoption statute is available here.

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.

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.

Minnesota Law: Identifying Information

Relevant portions of Minnesota’s adoption law related to identifying information and original birth certificates. The entire Minnesota adoption statute is available here.

259.83 Postadoption Services
Subdivision 1. (a) Agencies shall provide assistance and counseling services upon receiving a request for current information from adoptive parents, birth parents, or adopted persons aged 18 years of age and older, or adult siblings of adopted persons. 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 complete the search request within six months of the request being made. If the agency is unable to complete the search request within the specified time frame, the agency shall inform the requester of the status of the request and include a reasonable estimate of when the request can be completed.

(b) Upon a request for assistance or services from an adoptive parent of a minor child, birth parent, or an adopted person 18 years of age or older, the agency must inform the person:

(1) about the right of an adopted person to request and obtain a copy of the adopted person’s original birth record at the age and circumstances specified in section 144.2253; and

(2) about the right of the birth parent named on the adopted person’s original birth record to file a contact preference form with the state registrar pursuant to section 144.2253.

When making or supervising an adoptive placement, the agency must provide in writing to the birth parents listed on the original birth record the information required under this paragraph and section 259.37, subdivision 2, clause (7).

Subd. 1b. Genetic Siblings. (a) A person who is at least 18 years of age who was adopted or committed to the guardianship of the commissioner of human services and not adopted, must upon request be advised of other siblings who were adopted or who were committed to the guardianship of the commissioner of human services and not adopted.

(b) The agency must provide assistance to the person requesting information to the extent that information is available in the records required to be kept under section 259.79. If the sibling received services from another agency, the agencies must share necessary information in order to locate the other siblings and to offer services, as requested. A reasonable fee may be imposed by the agency.

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. Repealed, effective July 1, 2024.

Subd. 3a. Birth parent identifying information. (a) This subdivision applies to adoptive placements where an adopted person does not have a record of live birth registered in this state. Upon written request by an adopted person 18 years of age or older, the agency responsible for or supervising the placement must provide to the requester the following identifying information related to the birth parents listed on that adopted person’s original birth record, to the extent the information is available:

(1) each of the birth parent’s names; and
(2) each of the birth parent’s birthdate and birthplace.

(b) The agency may charge a reasonable fee to the requester for providing the required information under paragraph (a).

(c) The agency, acting in good faith and in a lawful manner in disclosing the identifying information under this subdivision, is not civilly liable for such disclosure.

Subd. 4. Confidentiality. Agencies shall provide adoptive parents, birth parents and adult siblings, and adopted persons aged 18 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.

259.89 Access to Original Birth Record Information
Repealed, effective July 1, 2024

Minnesota Law: Adoption Generally

Relevant portions of Minnesota’s adoption law. The entire Minnesota adoption statute is available here.

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.

259.24. Consents
Subdivision 1. Exceptions. (a) No child shall be adopted without the consent of the child’s parents and the child’s guardian, if there is one, except consent is not required of a parent:

(1) who is not entitled to notice of the proceedings;

(2) who has abandoned the child and upon whom notice has been served as required by section 259.49; or

(3) whose parental rights to the child have been terminated by a juvenile court or who has lost custody of a child through a final commitment of the juvenile court or through a decree in a prior adoption proceeding.

(b) If there is no parent or guardian qualified to consent to the adoption, the agency having authority to place a child for adoption pursuant to section 259.25, subdivision 1, shall have the exclusive right to consent to the adoption of the child. The agency shall make every effort to place siblings together for adoption.

Subd. 2. Parents, guardian. If an unmarried parent who consents to the adoption of a child is under 18 years of age, the consent of the minor parent’s parents or guardian, if any, also shall be required; if either or both the parents are disqualified for any of the reasons enumerated in subdivision 1, the consent of such parent shall be waived, and the consent of the guardian only shall be sufficient; and, if there be neither parent nor guardian qualified to give such consent, the consent may be given by the commissioner. The agency overseeing the adoption proceedings shall ensure that the minor parent is offered the opportunity to consult with an attorney, a member of the clergy, a physician, an advanced practice registered nurse, or a physician assistant before consenting to adoption of the child. The advice or opinion of the attorney, clergy member, physician, advanced practice registered nurse, or physician assistant shall not be binding on the minor parent. If the minor parent cannot afford the cost of consulting with an attorney, a member of the clergy, a physician, an advanced practice registered nurse, or a physician assistant, the county shall bear that cost.

Subd. 2a. Time of consent; notice of intent to consent to adoption. (a) Not sooner than 72 hours after the birth of a child and not later than 60 days after the child’s placement in a prospective adoptive home, a person whose consent is required under this section shall execute a consent.

(b) Unless all birth parents from whom consent is required under this section are involved in making the adoptive placement and intend to consent to the adoption, a birth parent who intends to execute a consent to an adoption must give notice to the child’s other birth parent of the intent to consent to the adoption prior to or within 72 hours following the placement of the child, if the other birth parent’s consent to the adoption is required under subdivision 1. The birth parent who receives notice shall have 60 days after the placement of the child to either consent or refuse to consent to the adoption. If the birth parent who receives notice fails to take either of these actions, that parent shall be deemed to have irrevocably consented to the child’s adoption. The notice provisions of chapter 260C and the rules of juvenile protection procedure shall apply to both parents when the consent to adopt is executed under section 260C.515, subdivision 3.

(c) When notice is required under this subdivision, it shall be provided to the other birth parent according to the Rules of Civil Procedure for service of a summons and complaint.

Subd. 3. Child. When the child to be adopted is over 14 years of age, the child’s written consent to adoption by a particular person is also necessary.

Subd. 4. Adult adoptee. In the adoption of an adult, the adult’s written consent only shall be required.

Subd. 5. Execution. All consents to an adoption shall be in writing, executed before two competent witnesses, and acknowledged by the consenting party. All consents by a parent to adoption under this chapter:

(1) shall contain notice to the parent of the substance of subdivision 6a, providing for the right to withdraw consent unless the parent will not have the right to withdraw consent; and

(2) shall contain the following written notice in all capital letters at least one-eighth inch high:

“The agency responsible for supervising the adoptive placement of the child will submit your consent to adoption to the court. If you are consenting to adoption by the child’s stepparent, the consent will be submitted to the court by the petitioner in your child’s adoption. The consent itself does not terminate your parental rights. Parental rights to a child may be terminated only by an adoption decree or by a court order terminating parental rights. Unless the child is adopted or your parental rights are terminated, you may be asked to support the child.”

Consents shall be filed in the adoption proceedings at any time before the matter is heard provided, however, that a consent executed and acknowledged outside of this state, either in accordance with the law of this state or in accordance with the law of the place where executed, is valid.

Subd. 6. [Repealed, 1980 c 561 s 14]

Subd. 6a. Withdrawal of consent. A parent’s consent to adoption under this chapter may be withdrawn for any reason within ten working days after the consent is executed and acknowledged. No later than the tenth working day after the consent is executed and acknowledged, written notification of withdrawal of consent must be received by: (1) the agency to which the child was surrendered; (2) the agency supervising the adoptive placement of the child; or (3) in the case of adoption by the stepparent or any adoption not involving agency placement or supervision, by the district court where the adopting stepparent or parent resides. On the day following the tenth working day after execution and acknowledgment, the consent shall become irrevocable, except upon order of a court of competent jurisdiction after written findings that consent was obtained by fraud. The proceedings shall be conducted to preserve the confidentiality of the adoption process. There shall be no presumption in the proceedings favoring the birth parents over the adoptive parents.

Subd. 7. Withholding consent; reason. Consent to an adoption shall not be unreasonably withheld by a guardian, who is not a parent of the child, or by an agency.

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.

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.

Minnesota Law: 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.