Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Minnesota may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Minnesota child adoption law including such topics as adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Facilitators in Adoptive Placements
Use of Intermediaries/Facilitators
Citation: Ann. Stat. §§ 259.21; 259.47
It is unlawful for a person, other than the commissioner or an agency, knowingly to engage in placement activities without being licensed by the commissioner, except for the placement of a child by
a birth parent or legal guardian in a pre adoptive home. ''Placement activities'' include:
Placement
Arranging or providing short-term foster care pending an adoptive placement
Facilitating placement by maintaining a list in any form of birth parents or prospective adoptive parents
Collecting health and social histories of a birth family
Conducting an adoption study
Witnessing consents to an adoption
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 259.55 Subd. 1
Reasonable counseling, medical, and legal fees, which shall be paid directly to the provider of the service
Reasonable expenses for transportation, meals, and lodging incurred for placement of the child or to access permitted services
Adoption services provided by an agency, that must be paid directly to the agency
Reasonable living expenses due to loss of income resulting from the pregnancy
Birth Parent Expenses Not Allowed
Citation: § 259.55 Subd. 1
Payments for living expenses shall not extend beyond 6 weeks after delivery, unless the court determines that the mother is unable to work due to physical limitations relating to the birth.
'Reasonable living expenses' does not include lost wages, gifts, educational expenses, or other similar expenses.
Allowable Payments for Arranging Adoption
Citation: § 259.55 Subd. 3(b)
A person may not give money or anything of value to the birth parent if the person is engaged or has engaged in any placement activity.
Allowable Payments for Relinquishing Child
Citation: § 259.55 Subd. 2, 3
Reimbursement for payments for expenses is not allowed when a birth parent refuses to consent or withdraws consent to the adoption.
It is unlawful to give or accept payment for the placement of a child for adoption.
Payment shall not be contingent upon placement, consent, or cooperation in the completion of an adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Stat. § 259.24, subd. 1, 2
No child shall be adopted without the consent of the child's parents and the child's guardian, if there be one.
If there is no parent or guardian qualified to consent to the adoption, the consent shall be given by the commissioner.
If an unmarried parent who consents to the adoption of a child is under age 18, 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 reason, the consent of such parent shall be waived, and the consent of the guardian only shall be sufficient. If there is neither a parent nor guardian qualified to give such consent,
the consent may be given by the commissioner.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. § 259.24, subd. 3
When the child to be adopted is age 14 or older, the child's written consent also shall be necessary.
When Parental Consent is not Needed
Citation: Ann. Stat. § 259.24, subd. 1
Consent shall not be required of a parent:
Who is not entitled to notice of the proceedings
Who has abandoned the child
Who has lost custody of the child through a divorce decree or a decree of dissolution, and upon whom notice has been served as required by § 259.49
Whose parental rights to the child have been terminated 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
When Consent Can Be Executed
Citation: Ann. Stat. § 259.24, subd. 2a
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.
Revocation of Consent
Citation: Ann. Stat. § 259.24 subd.6a
A parent's consent to adoption may be withdrawn for any reason within 10 working days after the consent is executed and acknowledged. Written notification of withdrawal of consent must be received by the
agency to which the child was surrendered no later than the 10th working day after the consent is executed and acknowledged. On the day following the 10th 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.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 259.49(1)(b); 259.52, Subd. 7
The putative father may register any time before the birth of the child, but must register no later than 30 days after the child's birth.
A putative father who has registered must file his intent to initiate a paternity action within 30 days after receiving notice from the adoption registry in order to preserve his rights to the child.
Please visit adoption law in Minnesota for more details. |