Overview of Minnesota Adoption Law
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Minnesota law provides that adult adoptees (age 19), adoptive parents and birth parents may ask
an adoption agency to provide current information or to facilitate contact. Agencies must contact the person
sought in a confidential manner to determine whether there is a desire to receive or share information or to have
contact. (Same arrangement for siblings, if it would not violate confidentiality of birth parent).
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In the case of
adoptions occurring after 8/1/82, the agency may release identifying information to an adult adoptee (age 21)
unless the birth parent has filed an affidavit objecting to the release of such information. If such an affidavit has
been filed the adoptee may still petition the court to provide the information. If such a petition is filed, the birth
parent shall have the opportunity to present evidence to a court that nondisclosure of identifying information is
of greater benefit to the birth parent than disclosure to the adopted person.
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For all other adoptions, an adoptee 21
years of age or older may request identifying information about the birth parents from the Department of Health.
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The Department of Human Services must then try to contact each birth parent listed on the original birth
certificate. If the birth parent is located, the Department must inform him or her of the request for information
and of the right of that parent to file a consent or a denial of consent. If the Department is unable to locate and
notify a birth parent listed on the original birth certificate and if neither birth parent has filed a denial of consent,
identifying information may be disclosed to the adoptee (adopted prior to 8/77) with court order.
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(No court
order required for adoptions occurring after 8/77). If either birth parent has filed a denial of consent to release of
information, information may not be released. If both birth parents are notified, then information cannot be
released without a consent from both.
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Minn. Stat. Ann. 259.47 et. seq.
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GS Adoption Registry
www.gsadoptionregistry.com
1150 North River Drive
Mankato, MN 56003
Cell 775-750-8333
Gary Schaefer
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