M.S.A. § 259.52
Minnesota Statutes Annotated Currentness
Public Welfare and Related Activities (Ch. 245-267)
Chapter 259. Change of Name, Adoption
Adoption
259.52.
Fathers' adoption registry
Subdivision
1. Establishment of registry; purpose; fees. (a) The commissioner of health shall establish a fathers' adoption
registry for the purpose of determining the identity
and location of a putative father interested in a minor child who is,
or is expected to be, the subject of an adoption proceeding, in order to
provide notice of the adoption proceeding to the putative father who is
not otherwise entitled to notice under section
259.49, subdivision 1, paragraph (a) or (b), clauses (1) to (7). The
commissioner of health may establish informational material and public
service announcements necessary to implement this section. Any
limitation on a putative father's right to assert an
interest in the child as provided in this section applies only in
adoption proceedings and only to those putative fathers not entitled to
notice and consent under sections 259.24 and
259.49,
subdivision 1, paragraph
(a) or (b), clauses (1) to (7). The commissioner of health has no
independent obligation to gather or update the information to be
maintained on the registry. It is the registrant's responsibility to
update his personal information on the registry.
(b) The fathers' adoption registry
must contain the following information:
(1) with respect to the putative father,
the:
(i) name, including any other names
by which the putative father may be known and that he may provide to the registry;
(ii) address at which he may be served
with notice of a petition under this chapter, including any change of address;
(iii)
Social Security number, if known;
(iv) date of birth; and
(v)
if applicable, a certified copy
of an order by a court of another state or territory of the United
States adjudicating the putative father to be the father of this child;
(2) with respect to the mother of
the child:
(i) name, including all other names
known to the putative father by which the mother may be known;
(ii) if known to the putative father,
her last address;
(iii)
Social Security number, if known; and
(iv) date of birth;
(3) if known to the putative father,
the name, gender, place of birth, and date of birth or anticipated date of birth of the child;
(4)
the date that the commissioner
of health received the putative father's registration, which is the
date the registration is postmarked or the date it was delivered by
means other than mail to the address on the registration form; and
(5) other information the commissioner
of health determines by rule to be necessary for the orderly administration of the registry.
(c)
The commissioner of health shall notify the mother of the child
whenever a putative father has registered with the father's adoption
registry under this section. Notice shall be sent to the name and
address submitted by the putative father under paragraph
(b), clause (2). If no current address for the mother is submitted by
the putative father under paragraph (b), clause (2), the commissioner of
health shall not notify the mother. The commissioner of health has no
independent obligation to locate the mother.
The notice shall be mailed within 14 days of the date that the
commissioner received the putative father's adoption registration unless
a search has been requested under subdivision 2. There shall be no
charge to the birth mother for this notice.
(d)
The commissioner of health shall
set reasonable fees for the use of the registry; however, a putative
father shall not be charged a fee for registering. Revenues generated by
the fee must be deposited in the state government special revenue fund
and appropriated to the commissioner of health
to administer the fathers' adoption registry.
Subd.
2. Requirement to search registry before adoption petition can be granted; proof of search.
No petition for adoption may be granted unless the agency supervising
the adoptive placement, the birth mother of the child, or, in the case
of a stepparent or relative adoption, the county agency responsible for
the report required under section 259.53, subdivision 1, requests that
the commissioner of health search the registry
to determine whether a putative father is registered in relation to a
child who is or may be the subject of an adoption petition. The search
required by this subdivision must be conducted no sooner than 31 days
following the birth of the child. A search of
the registry may be proven by the production of a certified copy of the
registration form or by a certified statement of the commissioner of
health that after a search no registration of a putative father in
relation to a child who is or may be the subject
of an adoption petition could be located. The filing of a certified
copy of an order from a juvenile protection matter under chapter 260C
containing a finding that certification of the requisite search of the
Minnesota Fathers' Adoption Registry was filed
with the court in that matter shall also constitute proof of search.
Certification that the Minnesota Fathers' Adoption Registry has been
searched must be filed with the court prior to entry of any final order
of adoption. In addition to the search required
by this subdivision, the agency supervising the adoptive placement, the
birth
mother
of the child, or, in the case of
a stepparent or relative adoption, the social services agency
responsible for the report under section 259.53, subdivision 1, or the
responsible social services agency that is a petitioner in a juvenile
protection matter under chapter 260C may request that
the commissioner of health search the registry at any time. Search
requirements of this section do not apply when the responsible social
services agency is proceeding under Safe Place for Newborns, section
260C.217.
Subd.
3. Search of registry for child support enforcement purposes.
A public authority responsible for child support enforcement that is
attempting to establish a child
support obligation may request that the commissioner of health search
the registry to determine whether a putative father is registered in
relation to a child who is or may be the subject of a child support
obligation. A search of the registry may be proven
by the production of a certified copy of the registration form or by a
certified statement of the commissioner of health that after a search,
no registration of a putative father in relation to the child could be
located. No fee may be charged to the public
authority for use of the registry.
Subd.
4. Classification of registry data.
Data in the fathers' adoption registry, including all data provided in
requesting the search of the registry, are private data
on individuals, as defined in section 13.02, subdivision 2, and are
nonpublic data with respect to data not on individuals, as defined in
section 13.02, subdivision 9. Data in the registry may be released to:
(1) a person who is required to search
the registry under subdivision 2, if the data relate to the child who is or may be the subject of the adoption petition;
(2)
the mother of the child listed
on the putative father's registration form who the commissioner of
health is required to notify under subdivision 1, paragraph (c);
(3) a public authority as provided
in subdivision 3; or
(4)
an attorney who has signed an affidavit from the commissioner of health
attesting that the attorney represents the birth mother or the
prospective adoptive parents.
A person who receives data under this subdivision may use the data only for purposes authorized under this section or other law.
Subd.
5. Criminal penalty for registering false information. A person who knowingly or intentionally registers false information under this section is guilty of a misdemeanor.
Subd.
6. Who may register.
Any putative father may register with the Minnesota Fathers' Adoption
Registry. Any limitation on a putative father's right to assert an
interest
in the child as provided in this section applies only in adoption
proceedings, termination of parental rights proceedings under chapter
260C, and only to those putative fathers not entitled to notice and
consent under sections 259.24 and 259.49, subdivision
1, paragraph (a) or (b), clauses
(1) to (7).
Subd.
7. When and how to register.
A putative father may register with the Department of Health before the
birth of the child but must register no later than 30 days after
the birth of the child. Registrations must be in writing and signed by
the putative father. A registration is timely if the date the
registration is postmarked or the date it was delivered by means other
than mail to the address specified on the registration
form is not later than 30 days after the birth of the child.
Subd.
8. Failure to register.
Except for a putative father who is entitled to notice and consent
under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b),
clauses (1) to (7), a putative father who fails to timely register with
the fathers' adoption registry under subdivision 7:
(1) is barred thereafter from bringing
or maintaining an action to assert any interest in the child during the pending adoption proceeding concerning the
child;
(2)
is considered to have waived and
surrendered any right to notice of any hearing in any judicial
proceeding for adoption of the child, and consent of that person to the
adoption of the child is not required; and
(3) is considered to have abandoned
the child.
Failure
to register under subdivision 7 is prima facie evidence of sufficient
grounds to support termination of the putative father's parental rights
under section 260C.301,
subdivision 1.
A
putative father who has not timely registered under subdivision 7 is
considered to have timely registered if he proves by clear and
convincing evidence that:
(i)
it was not possible for him to register within the period of time specified in subdivision 7;
(ii) his failure to register was through
no fault of his own; and
(iii) he registered within ten days
after it became possible for him to file.
A lack of knowledge of the pregnancy or birth is not an acceptable reason for failure to register.
Subd.
9. Notice and service for those on fathers' adoption registry who are not otherwise entitled to notice.
Any time after conception, an interested party, including
persons intending to adopt a child, a child welfare agency with whom
the mother has placed or has given written notice of her intention to
place a child for adoption, the mother of a child, or any attorney
representing an
interested
party, may serve by certified
mail a notice to registered putative father, an intent to claim
parental rights form, a denial of paternity form, and a consent to
adoption form pursuant to subdivision 11. These documents may be served
on a putative father in the same manner as a summons
is served in other civil proceedings, or, in lieu of personal service,
service may be made as follows:
(a)
The interested party or that party's
attorney shall mail to the putative father, at the address provided to
the registry, the copy of the notice to registered putative father, the
intent to claim parental rights form, the denial of paternity form, and
the consent to adoption form by certified
mail, return receipt requested, and shall provide notice of the
jurisdiction in which the adoption petition will be filed. The receipt
for certified mail must state the name and address of the addressee and
the date of mailing and must be attached to the original
notice.
(b) The return receipt, when filed
with the court, must be attached to the original notice to registered putative father, the intent to claim parental
rights form, the denial of paternity
form, and the consent to adoption form and constitutes proof of service.
(c) The court administrator shall
note the fact of service in a permanent record.
Subd.
10. Response to notice to registered putative father; limitation of
rights for failure to respond and upon filing of denial of paternity. Within 30 days of receipt
of the notice to registered putative father, the intent to claim
parental rights form, the denial of paternity form, and the consent to
adoption form, the putative father must file a completed intent to claim
parental rights form with the court administrator
in the county in which the adoption petition will be filed as provided
by the petitioner, stating that he intends to initiate a paternity
action within 30 days of receipt of the notice to registered putative
father in order to preserve the right to maintain
an interest in the child and receive notice during the pending adoption
proceeding. Failure to initiate a paternity action within 30 days of
receipt of the notice to registered putative father does not act as a
bar to receiving
notice
under section 259.49. If
good cause is shown, the putative father must be allowed more time to
initiate the paternity action. A putative father who files a completed
denial of paternity form and consent to adoption form or who fails to
timely file an intent to claim parental rights
form with the court:
(1) is barred from later bringing
or maintaining an action to assert any interest in the child during the pending adoption proceeding concerning the child;
(2)
is considered to have waived and
surrendered a right to notice of a hearing in any judicial proceeding
for adoption of the child, and consent of that person to the adoption of
the child is not required; and
(3) is considered to have abandoned
the child.
Failure to register is prima facie evidence
of sufficient grounds to support termination of the putative father's parental rights.
Subd.
11. Forms. The Office of the State Court Administrator shall develop the following forms:
(1) notice to registered putative
father;
(2) intent to claim parental rights;
(3) denial of paternity;
(4) consent to adoption; and
(5)
notice to registered putative father of the county in which the adoption petition will be filed.
Subd.
12. Right to counsel at public expense.
Upon proof of indigency, a putative father who has registered with the
fathers' adoption registry, has received a notice to
registered putative father, and has timely filed an intent to claim
paternal rights form with the court administrator, must have counsel
appointed at public expense.
Subd.
13. Applicability of Indian Child Welfare Act.
In an action involving an American Indian child, sections 260.751 to 260.835, and the
Indian Child Welfare
Act, United States Code, title 25, sections 1901 to
1923, control to the extent that the provisions of this section are
inconsistent with those laws. The public acts, records, and judicial
proceedings of any Indian tribe that provide an acknowledgment of
paternity or that establish paternity pursuant to tribal
law or custom shall be given full faith and credit as provided in
United States Code, title 25, section 1911(d). Nothing in this section
defeats the right of an Indian father who has acknowledged or
established
his paternity pursuant
to tribal law or custom to commence a paternity proceeding, except that
no father may file a paternity proceeding after the entry of a final
decree of adoption.
Subd.
14. Fees for fathers' adoption registry.
The district court administrator in every judicial district shall, in
addition to any other filing fees, assess a $75 adoption
filing fee surcharge on each adoption petition filed in the district
court for the purpose of implementing and maintaining the fathers'
adoption registry. The court administrator shall forward fees collected
under this subdivision to the commissioner of management
and budget for deposit into the state government special revenue fund
to be appropriated to the commissioner of health to administer the
fathers' adoption registry established under this section.
Subd.
15. International adoptions. This section does not apply to international adoptions.
CREDIT(S)
Laws
1997, c. 218, § 9. Amended by Laws 1998, c. 354, §§ 1 to 7, eff. April
4, 1998; Laws 1998, c. 382, art. 2, §§ 4 to 14, eff. April 21, 1998;
Laws 1999, c. 122, §§ 1 to 6; Laws 1999, c. 139, art. 4, § 2; Laws
2008, c. 361, art. 6, § 8, eff. Aug. 1,
2008; Laws
2009, c. 101, art. 2, § 109, eff. July 1,
2009; Laws
2009, c. 163, art. 2, §§ 3, 4, eff. Aug. 1,
2009.
HISTORICAL AND STATUTORY NOTES
2007 Main Volume
Derivation:
St.1996, § 259.51.
Laws 1994, c. 631, § 31.
St.1992, § 259.261.
Laws 1986, c. 444.
Laws 1974, c. 66, § 1.
Laws
1997, c. 218, § 14 provides, in part,
that subd. 14 of § 9, adding this section, is effective July 1, 1997,
and subds. 1 to 13 of § 9 are effective for births occurring on or after
January 1, 1998.
Laws
1998, c. 354, §§ 1 to 7, in subd. 1, inserted par. (c), directing the
commissioner of health to notify the mother of the child whenever a
putative father has registered
with the adoption registry under this section, and re-lettered existing
par. (c) as par. (d); in subd 4, in the first paragraph, inserted cl.
(2), authorizing the release of data contained in the adoption registry
on a putative father to the mother of the
child, and re-numbered existing cl. (2) as cl. (3); rewrote subd. 9; in
subd. 10, three times substituted "the notice to registered putative
father" for "the putative fathers' adoption registry notice" and
shortened the name of the "denial of paternity with
entry of appearance form" to the "denial of paternity form"; rewrote
subds. 11 and 12; and added subd. 15, providing that this section does
not apply to international adoptions. Prior to revision, subds. 9, 11,
and 12 read:
"Subd.
9. Notice and service for those on putative fathers' adoption registry
who are not otherwise entitled to notice. Any time after conception, an
interested party, including
persons intending to adopt a child, a child welfare agency
with whom the mother has placed or has given written notice of her
intention to place a child for adoption, the mother of a child, or any
attorney representing an interested party, may file with the court
administrator a written request that the putative fathers
on the registry who have registered in relation to the child be served
with a putative fathers' adoption registry notice, an intent to claim
parental rights with entry of appearance form, and a denial of paternity
with entry of appearance and consent to adoption
form pursuant to subdivision 11. These documents may be served on a
putative father in the same manner as a summons is served in other civil
proceedings, or, in lieu of personal service, service may be made as
follows:
"(a)
The person requesting notice shall pay to the court administrator a
mailing fee plus the cost of United States postage for certified or
registered mail and furnish to
the court administrator an original and one copy of the putative
fathers' adoption registry notice, the intent to claim parental rights
with entry of appearance form, and the denial of paternity with entry of
appearance and consent to adoption form together
with an affidavit setting forth the putative father's last known
address. The original putative fathers' adoption registry notice, the
intent to claim parental rights with entry of appearance form, and the
denial of paternity with entry of appearance and consent
to adoption form must be retained by the court administrator.
"(b)
The court administrator shall mail
to the putative father, at the address appearing in the affidavit, the
copy of the putative fathers' adoption registry notice, the intent to
claim parental rights with entry of appearance form, and the denial of
paternity with entry of appearance and consent
to adoption form by certified mail, return receipt requested. The
envelope and return receipt must bear the return address of the court
administrator. The receipt for certified mail must state the name and
address of the addressee and the date of mailing and
must be attached to the original notice.
"(c)
The return receipt, when returned to the court administrator, must be
attached to the original putative fathers' adoption registry notice, the
intent to claim parental
rights with entry of appearance form, and the denial of paternity with
entry of appearance and consent to adoption form and constitutes proof
of service.
"(d) The court administrator shall note the fact of service in a permanent record."
"Subd.
11. Putative fathers' adoption registry notice; intent to claim
parental rights with entry of appearance form; denial of paternity with
entry
of appearance and consent to adoption
form. (a) The putative father's adoption registry notice sent under subdivision 9 must be substantially as follows:
" 'IN THE MATTER OF NOTICE TO .........., REGISTERED PUTATIVE FATHER.
"You
have signed the putative fathers' adoption registry indicating that you
are the father of a child born on the .......... day of ..........,
...., (or expected to be
born on or about the ....... day of .........., ....).
"The mother of the child is ...........
"The mother has indicated that she intends to place the child for adoption.
"As
the alleged father of the child by virtue of signing the putative
fathers' adoption registry, you have certain legal rights with respect
to the child, including the right
to notice of the filing of proceedings instituted for the adoption of
the child. If you wish to retain your rights with respect to the child,
you must file with the court administrator, Court of .......... County,
Minnesota, whose address is .........., Minnesota,
within 30 days after the date of receipt of this notice, the enclosed
intent to claim parental rights with entry of appearance form stating
that you are, in fact, the father of the
child
and that you intend to retain
your legal rights with respect to the child by initiating a paternity
action within 30 days of receipt of the putative fathers' adoption
registry notice.
"If
you do not file an intent to claim parental rights with entry of
appearance form or a request for notice, then whatever legal rights you
have with respect to the child,
including the right to notice of any future proceedings for the
adoption of the child, may be terminated without any further notice to
you. When your legal rights with respect to the child are so terminated,
you will not be entitled to notice of any proceeding
instituted for the adoption of the child.
"If
you are not the father of the child, you may file with the court
administrator the denial of paternity with entry of appearance and
consent to adoption form enclosed
herewith and you will receive no further notice with respect to the
child.'
"(b)
The intent to claim parental rights with entry of appearance form sent
under subdivision 9 must be substantially as follows:
"I, .........., state as follows:
"(1) That I am ..... years of age; and
I reside at .......... in the County of .........., State of ...........
"(2) That I have been advised that .......... is the mother of a .......... male/
"(3) I declare that I am the father of this child.
"(4)
I understand that the mother of this child wishes to consent to the
adoption of this child. I do not consent to the adoption of this child,
and I understand that I must
return this intent to claim parental rights with entry of appearance
form to the court administrator of .......... County, located at
.........., within 30 days of receipt of this notice.
"(5)
I further understand that I am also obligated to initiate a paternity
action under the Parentage Act (Minnesota Statutes, sections 257.51 to
257.74) within 30 days of
my receiving the putative fathers' adoption registry notice, or, if the
child is not yet born, within 30 days after the
birth
of the child, unless for good
cause shown I am unable to do so. That proceeding is separate and
distinct from the above mailing of intent to claim parental rights with
entry of appearance form; in the paternity action, I must state that I
am, in fact, the father of said child for one or
more of the reasons stated in Minnesota Statutes, section 257.55,
subdivision 1, and that I intend to retain my legal rights with respect
to said child, and request to be notified of any further proceedings
with respect to custody or adoption of the child.
"(6) I hereby enter my appearance in the above entitled cause.
"I
have been duly sworn and I say under oath that I have read and
understand this intent to claim parental rights with entry of appearance
form. The facts that it contains
are true and correct to the best of my knowledge, and I understand that
by signing this document I admit my paternity. I have signed this
document as my free and voluntary act.
"Dated this .......... day of .........., .....
"Signed and Sworn Before Me This ....... day of .........., .....
"(c) The denial of paternity with entry
of appearance and consent to adoption form sent under subdivision 9 must be substantially as follows:
"I, .........., state as follows:
"(1) That I am ..... years of age; and I reside at .......... in the County of .........., State of ...........
"(2) That I have been advised that .......... is the mother of a .......... male/
"(3) I now deny that I am the father of this child. My denial at this time will not subject me to any criminal liability.
"(4)
I further understand that the mother of this child wishes to consent to
the adoption of the child. I hereby consent to the adoption of this
child, and waive any rights,
remedies, and defenses that I may have now or in the future. This
consent is being given in order to facilitate the adoption of the child
and so that the court may terminate what rights I may have to the child.
This
consent is not in any manner an
admission of paternity.
"(5) I hereby enter my appearance in the above entitled cause and waive service of summons and other pleading.
"I
have been duly sworn and I say under oath that I have read and
understood this denial of paternity with entry of appearance and consent
to adoption. The facts it contains
are true and correct to the best of my knowledge, and I understand that
by signing this document I have not admitted paternity. I have signed
this document as my free and voluntary act in order to facilitate the
adoption of the child.
"Dated this .......... day of .........., .....
"Signed and Sworn Before Me This ....... day of .........., .....
"[The names of adoptive parents must not be included in the notice.]
"Subd.
12. Right to counsel at public expense. Upon proof of indigency, a
putative father who has registered with the fathers' adoption registry,
has received a putative
fathers' adoption registry notice, and has timely filed an intent
to claim paternal rights with entry of appearance form with the court
administrator, must have counsel appointed at public expense."
Laws
1998, c. 382, art. 2, §§ 4 to 14, amended subds. 1, 4, 9, 10, 11, and
12, and added subd. 15, in a manner substantially identical to Laws
1998, c. 354, §§ 1 to 7; and
in addition, deleted "putative" preceding "fathers' adoption registry"
in subds. 2, 6, 8, and 14.
Laws
1999, c. 122, §§ 1 to 6, in subd. 1, par. (b), cl. (4), inserted ",
which is the date the registration is postmarked or the date it was
delivered by means other than
mail to the address on the registration form"; in subd. 4, inserted
language clarifying that data in the fathers' adoption registry includes
data provided in requesting the search of the registry and that the
data is nonpublic data with respect to data not
on individuals and added cl. (4), authorizing the release of data to an
attorney representing the birth mother or the prospective adoptive
parents; in subd. 7, added the sentence defining when a registration is
timely; in subd. 9, par. (a), inserted the requirement
that notice include the jurisdiction in which the adoption petition
will be filed; in subd. 10, deleted "with entry of appearance" following
"parental rights" and inserted "in the county in which the adoption
petition will be filed as provided by the petitioner,"
following "court administrator"; and
in subd. 11, added cl. 5, directing the development of a form notifying
the putative father of the county in which the adoption petition will
be filed.
Laws
1999, c. 139, art. 4, § 2, par. (b), in part directed the revisor of
statutes to correct cross references in Minnesota Statutes to sections
that were repealed and recodified
by Laws 1999, c. 139.
2010
Electronic
Update
2008 Legislation
Laws 2008, c. 361, art. 6, § 8, rewrote subd. 2, which formerly read:
"Subd.
2. Requirement to search registry before adoption petition can be
granted; proof of search. No petition for adoption may be granted unless
the agency supervising the
adoptive placement, the birth mother of the child, or, in the case of a
stepparent or relative adoption, the county agency responsible for the
report required under section 259.53, subdivision 1, requests that the
commissioner of health search the registry
to determine whether a putative father is registered in relation to a
child who is or may be the subject of an
adoption
petition. The search required
by this subdivision must be conducted no sooner than 31 days following
the birth of the child. A search of the registry may be proven by the
production of a certified copy of the registration form or by a
certified statement of the commissioner of health that
after a search no registration of a putative father in relation to a
child who is or may be the subject of an adoption petition could be
located. Certification that the fathers' adoption registry has been
searched must be filed with the court prior to entry
of any final order of adoption. In addition to the search required by
this subdivision, the agency supervising the adoptive placement, the
birth mother of the child, or, in the case of a stepparent or relative
adoption, the county agency responsible for the
report under section 259.53, subdivision 1, may request that the
commissioner of health search the registry at any time."
2009 Legislation
Laws 2009, c. 101, art. 2, § 109, provided:
"The
revisor of statutes shall change any reference to the commissioner of
finance or the Department of Finance, or any derivation of those terms,
to the
commissioner of management and budget
or the Department of Management and Budget wherever these terms appear in Minnesota Statutes or Minnesota Rules."
Laws
2009, c. 163, art. 2, §§ 3 and 4, in subd. 2, added the last sentence,
which provided that the search requirements of this section do not apply
when the responsible
social services agency is proceeding under § 260C.217; and in subd. 6,
in the second sentence, deleted "However" from the beginning and
inserted "termination of parental rights proceedings under chapter
260C," following "applies only in adoption proceedings".
M. S. A. § 259.52, MN ST § 259.52
Current with laws of the 2010 Regular
and First Special
Sessions effective through June 30,
2010