Adoption Law in Minnesota

I’m in Minnesota now. Wherever my travels take me, I note what the adoption laws are. This may be redundant, but why stop now?

Please note: My comments are in red.

access to adoption records

Obtaining Non-Identifying Information:

Adoptive parents and adopted adults (age 19) may obtain non-identifying information. Nothing new here.

Obtaining Identifying Information:

Identifying information is provided on the original birth certificate, which is released according to the provisions below. 

Obtaining an Original Birth Certificate:

An adopted adult can request a copy of the original birth certificate. At this time the Commissioner of Human Services will attempt to locate the birth parents to obtain consent to release the original birth certificate. If each birth parent is located and consents are given, the original birth certificate will be released. I’m noting the use of the plural here. On my son’s birth certificate, I asked that the father be listed as “unknown” as a means of keeping secret my boyfriend’s identity.  We never told his parents and it was my way of protecting him. If there is no reply or contact with the birth parents, for adopted adults adopted before August 1, 1977, (so these people would be 32 years old now) the adopted adult must petition the court for release of the original birth certificate. If the adoption was finalized on or after August 1, 1977, then the original birth certificate will be released to the adopted adult if the birth parents have not filed an access veto. Once again, when was the access veto filed and do they know how to rescind it if they want to?

And here’s another aspect of adoption law:
Under Minnesota law, a woman who gives birth to a child has “parental rights” to the child. These include the right to have the child live with you, to raise the child, and to make decisions about the child’s upbringing, including the right to decide to place the child for adoption.

If a birth mother wants to place the child for adoption, she signs a consent to adoption form. Once a birth mother signs a proper consent to an adoption, the law requires that the mother be given ten working days for her to change her mind. After the ten days are up, the consent may not be revoked by the mother unless the court finds that the mother’s consent was obtained through fraud.

Ten days.

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