MINNESOTA

 Any person who has lived in the State for one year or more may adopt.Preference is first given to relatives, if in the child's best interest, thento adoptive parents of the same racial/ethnic background and, if the biologicalparents request, the same religious background. Subsequent preference goes toadoptive parent's knowledgeable and appreciative of the child's background. Theone year residency requirement may be reduced to 30 days by the court if in thechild's best interest; in certan adoptions by family members or closefriends, the residency requirement may be waived.

Who Can Be Adopted?

 Any adult or child may be adopted.

Consent to Adoption

 No child can be adopted without the written consent of the child's parents orguardian, and the adoptee, if 14 years of age, except in the followingcircumstances:

 (1) consent is not required of a parent who has abandoned the child, lostcustody of the child, and who has been given notice of the proceedings;

 (2) consent is not required of parents whose rights have been terminated orthe child has been committed to the court;

 (3) if there is no parent or guardian, consent can be given by theCommissioner of Human Services;

 (4) if the parent is a minor, consent of the minor's parent or guardian isalso required; and

 (5) if the adoptee is an adult, only the adoptee's consent is required.

 A person is considered a parent if his/her name is on the birth certificate,he/she has substantially supported the child, has been adjudicated oridentified as a parent, or, in the case of a man, married to the mother within325 days before or 10 days after the birth. A person who does not fit thiscriteria but wants to assert parental rights must do so within 90 days of thechild's birth or within 60 days of placement, whichever is sooner. A parent'sconsent can be withdrawn for any reason within 10 working days after it isgiven. After 10 days the consent becomes irrevocable, unless it was obtainedby fraud.

Confidentiality

 All adoption hearings are confidential and held in closed court. The recordsand files cannot be examined, except upon a court order.

 The biological parent may file an objection with the child-placing agency ofany identifying information being released about him or herself. If the parentdoes not object, then identifying information will be available upon request ofthe adoptee who is 19 years of age or older, but only after the agency has madereasonable efforts to notify the biological parent of the request. If after 31days the parent has not responded to notification then the information may bereleased.

Permissible Fees

 There are no provisions within the law regarding permissible fees.

Place of Adoption Hearing

 The hearing may take place in the county where the adoptive parents live, or,if the adoptive parent has changed residence, the case may be transferred if itis in the best interest of the child.

Authority to Place Child

 An organization or department of government designated or authorized by law toplace children for adoption, or any person, group of person, organization,association, or society licensed or certified by the Commissioner of HumanServices to place children for adoption are all authorized to place children.

Relative Adoption

 The child-placing agency shall give preference to placing a child with arelative, if that is feasible. Both the investigation and residencerequirement may be waived by the court in the case of a stepparent adoption.

Special Circumstances

 If the biological parents request that the child be placed with an adoptivefamily of the same or similar religious or ethnic background, the agency shalldo so, if such a family is available.

Attorney Referral Service

Minnesota State Bar Association
514 Nicollet Mall, Suite 300
Minneapolis, MN 55402
(612) 333-1183

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