M.S.A. § 259.57

Minnesota Statutes Annotated Currentness

Public Welfare and Related Activities (Ch. 245-267)

Chapter 259. Change of Name, Adoption

Adoption

Subdivision 1. Findings; orders. Upon the hearing,

(a) if the court finds that it is in the best interests of the person to be adopted that the petition be granted, a decree of adoption shall be made and recorded in the office of the court administrator, ordering that henceforth the person to be adopted shall be the child of the petitioner. In the decree the court may change the name of the adopted person if desired. After the decree is granted for an adopted person who is:

(1) under the guardianship of the commissioner or a licensed child-placing agency according to section 260C.201, subdivision 11, or 260C.317;

(2) placed by the commissioner, commissioner's agent, or licensed child-placing agency after a consent to adopt according to section 259.24 or under an agreement conferring authority to place for adoption according to section 259.25; or

(3) adopted after a direct adoptive placement ordered by the district court under section 259.47,

the court administrator shall immediately mail a copy of the recorded decree to the commissioner of human services;

(b) if the court is not satisfied that the proposed adoption is in the best interests of the person to be adopted, the court shall deny the petition, and in the case of a child shall order the child returned to the custody of the person or agency legally vested with permanent custody or certify the case for appropriate action and disposition to the court having jurisdiction to determine the custody and guardianship of the child.

Subd. 2. Protection of child's best interests. (a) The policy of the state of Minnesota is to ensure that the best interests of children are met by requiring an individualized determination of the needs of the child and how the adoptive placement will serve the needs of the child.

(b) Among the factors the court shall consider in determining the needs of the child are those specified under section 260C.193, subdivision 3, paragraph (b). Consistent with section 245C.33 and Public Law 109-248, [FN1] a complete background study is required before the approval of an adoptive placement in a home.

(c) In reviewing adoptive placement and in determining appropriate adoption, the court shall consider placement, consistent with the child's best interests and in the following order, with (1) a relative or relatives of the child, or (2) an important friend with whom the child has resided or had significant contact.  Placement of a child cannot be delayed or denied based on race, color, or national origin of the adoptive parent or the child.   Whenever possible, siblings should be placed together unless it is determined not to be in the best interests of a sibling.

(d) If the child's birth parent or parents explicitly request that relatives and important friends not be considered, the court shall honor that request consistent with the best interests of the child.

If the child's birth parent or parents express a preference for placing the child in an adoptive home of the same or a similar religious background to that of the birth parent or parents, the court shall place the child with a family that also meets the birth parent's religious preference. Only if no family is available as described in paragraph (a) or (b) may the court give preference to a family described in paragraph (c) that meets the parent's religious preference.

(e) This subdivision does not affect the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

Subd. 3. Compliance with Indian Child Welfare Act. The provisions of this chapter must be construed consistently with the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963.

CREDIT(S)

Amended by Laws 1997, c. 86, § 10, eff. May 7, 1997; Laws 1999, c. 139, art. 4, § 2; Laws 2007, c. 147, art. 1, § 4, eff. July 1, 2007; Laws 2007, c. 147, art. 3, § 28, eff. July 1, 2007; Laws 2008, c. 361, art. 6, § 10, eff. Aug. 1, 2008.

[FN1] 42 U.S.C.A. § 16901 et seq.

HISTORICAL AND STATUTORY NOTES

2007 Main Volume

Derivation:

Laws 1994, c. 631, § 31.

St.1993 Supp., § 259.28.

Laws 1993, c. 291, §§ 12, 13.

Laws 1992, c. 557, § 5.

Laws 1986, 1st Sp., c. 3, art. 1, § 82.

Laws 1984, c. 654, art. 5, § 58.

Laws 1983, c. 278, § 10.

Laws 1959, c. 685, § 49.

Laws 1951, C. 508, § 8.

Laws 1993, c. 291, §§ 12 and 13, in subd. 2 inserted ", not sole," preceding "consideration of a child's race or ethnic heritage"; and added subd. 3 requiring that the chapter comply with the Indian Child Welfare Act.

Laws 1994, c. 631, § 31(a), in par. (a), instructed the revisor of statutes to substitute "birth parent" for "natural parent" and "genetic parent", and in par. (c), instructed the revisor of statutes to renumber chapter 259 in order to eliminate seven-digit section numbers and make room for future sections. The revisor was also instructed to make appropriate cross-reference changes to reflect the new section numbers in chapter 259.

The 1997 amendment rewrote subd. 2, which previously read:

"The policy of the state of Minnesota is to ensure that the best interests of children are met by requiring due, not sole, consideration of the child's race or ethnic heritage in adoption placements. For purposes of intercountry adoptions, due consideration is deemed to have occurred if the appropriate authority in the child's country of birth has approved the placement of the child.

"In reviewing adoptive placement, the court shall consider preference, and in determining appropriate adoption, the court shall give preference, in the absence of good cause to the contrary, to (a) a relative or relatives of the child, or, if that would be detrimental to the child or a relative is not available, to (b) a family with the same racial or ethnic heritage as the child, or if that is not feasible, to (c) a family of different racial or ethnic heritage from the child that is knowledgeable and appreciative of the child's racial or ethnic heritage.

"If the child's birth parent or parents explicitly request that the preference described in clause (a) or in clauses (a) and (b) not be followed, the court shall honor that request consistent with the best interests of the child.

"If the child's birth parent or parents express a preference for placing the child in an adoptive home of the same or a similar religious background to that of the birth parent or parents, in following the preferences in clause (a) or (b), the court shall place the child with a family that also meets the birth parent's religious preference. Only if no family is available as described in clause (a) or (b) may the court give preference to a family described in clause (c) that meets the parent's religious preference."

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                                                          

2007 Legislation

Laws 2007, c. 147, art. 1, § 4, in subd. 1, rewrote par. (a), which formerly read:

"(a) if the court finds that it is in the best interests of the child that the petition be granted, a decree of adoption shall be made and recorded in the office of the court administrator, ordering that henceforth the child shall be the child of the petitioner. In the decree the court may change the name of the child if desired. After the decree is granted the court administrator shall immediately mail a copy of the recorded decree to the commissioner of human services;"

Laws 2007, c. 147, art. 3, § 28, in subd. 2, par. (b), added the second sentence, relating to completion of a background study before approval of placement.

2008 Legislation

Laws 2008, c. 361, art. 6, § 10, in subd. 1, substituted references to the person to be adopted for references to the child throughout the subdivision, and in par. (b), inserted "in the case of a child" following "petition, and".

M. S. A. § 259.57, MN ST § 259.57

Current with laws of the 2010 Regular and First Special

                 Sessions effective through June 30, 2010