1.1 	A bill for an act
1.2 	relating to adoption; requiring affidavit regarding disclosure of birth records; 
1.3 	requiring updated nonidentifying medical history information;amending 
1.4 	Minnesota Statutes 2008, section 259.89, subdivisions 1, 2, 4, by adding a 
1.5 	subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2008, section 259.89, subdivision 1, is amended to read:
1.8 		Subdivision 1.Request. An adopted person who is 19 years of age or over may 
1.9 	request the commissioner of health to disclose the information on the adopted person's 
1.10 	original birth record or to obtain medical or social history information from a birth parent, 
1.11 	or both. The commissioner of health shall, within five days of receipt of the request, notify 
1.12 	the commissioner of human services' agent or licensed child-placing agency when known, 
1.13 	or the commissioner of human services when the agency is not known in writing of the 
1.14 	request by the adopted person.

1.15 	EFFECTIVE DATE. This section is effective July 1, 2009.

1.16 	Sec. 2. Minnesota Statutes 2008, section 259.89, subdivision 2, is amended to read:
1.17 		Subd. 2.Search. (a) Within six months after receiving notice of the request of the 
1.18 	adopted person, the commissioner of human services' agent or a licensed child-placing 
1.19 	agency shall make complete and reasonable efforts to notify each parent identified on the 
1.20 	original birth record of the adopted person. The commissioner, the commissioner's agents, 
1.21 	and licensed child-placing agencies may charge a reasonable fee to the adopted person 
1.22 	for the cost of making a search pursuant to this subdivision. Every licensed child-placing 
1.23 	agency in the state shall cooperate with the commissioner of human services in efforts to 
2.1 	notify an identified parent. AllData regarding communications under this subdivision are 
2.2 	confidential pursuant todata on individuals as defined in section 13.02, subdivision 3. 
2.3 	(b) For purposes of this subdivision, "notify" means a personal and confidential 
2.4 	contact with the birth parents named on the original birth record of the adopted person. 
2.5 	The contact shall be by an employee or agent of the licensed child-placing agency which 
2.6 	processed the pertinent adoption or some other licensed child-placing agency designated 
2.7 	by the commissioner of human services when it is determined to be reasonable by the 
2.8 	commissioner; otherwise contact shall be by certified mail or telephone. 
2.9 	(c) If the adopted person requests disclosure of original birth record information, 
2.10 	the employee or agent of the licensed child-placing agency shall notify the birth parent 
2.11 	of the request and the requirements of this section. If the birth parent does not want the 
2.12 	information disclosed, the birth parent must file an affidavit with the commissioner 
2.13 	of health within 90 days following the contact stating that the information on the birth 
2.14 	record should not be disclosed. If the adopted person requests medical or social history 
2.15 	information, the employee or agent of the licensed child-placing agency shall notify the 
2.16 	birth parent that the birth parent must complete an updated nonidentifying medical history 
2.17 	form and return it to the child-placing agency within 90 days if information on the original 
2.18 	birth record is not to be disclosed and of the option of providing social history information, 
2.19 	if requested. If the notification is made in person or by telephone, the information may be 
2.20 	provided orally to the person making the contact. Medical and social history information 
2.21 	obtained under this subdivision must be in the form prepared under section 259.43.
2.22 	(d) The contact shall be evidenced by filing with the commissioner of health an 
2.23 	affidavit of notification executed by the person who notified each parent certifying that 
2.24 	each parent was given the following information:
2.25 	(1) the nature of the information requested by the adopted person;
2.26 	(2) the date of the request of the adopted person;
2.27 	(3) the right of requirement that the parent to must file, within 3090  days of receipt 
2.28 	of the notice, an affidavit with the commissioner of health stating that the information on 
2.29 	the original birth record should not be disclosed;
2.30 	(4) the right of the parent to file a consent to disclosure with the commissioner 
2.31 	of health at any time; and
2.32 	(5) the effect of a failure of the parent to file either a consent to disclosure or an 
2.33 	affidavit stating that the information on the original birth record should not be disclosed.

2.34 	EFFECTIVE DATE; APPLICATION. This section is effective July 1, 2009, and 
2.35 	applies to searches conducted on or after that date.

3.1 	Sec. 3. Minnesota Statutes 2008, section 259.89, is amended by adding a subdivision 
3.2 	to read:
3.3 		Subd. 2a.Medical and social history information. (a) This subdivision applies if 
3.4 	an adopted person requests medical or social history information under subdivision 1, and 
3.5 	a birth parent has filed an affidavit objecting to the release of the original birth record to 
3.6 	the adopted person or the adopted person is unable to locate a birth parent. Within five 
3.7 	days of receipt of the request, the commissioner of health shall provide written notice of 
3.8 	the request to the commissioner of human services or the licensed child-placing agency, 
3.9 	if known. Within six months after receiving the request, the commissioner of human 
3.10 	services or the licensed child-placing agency shall make reasonable efforts to notify 
3.11 	each parent identified in the original birth record of the request, of the requirement that 
3.12 	the birth parent complete an updated nonidentifying medical history form and return it 
3.13 	to the commissioner or the child-placing agency within 90 days, and of the option of 
3.14 	providing social history information, if requested. If the notification is made in person or 
3.15 	by telephone, the information may be provided orally to the person making the contact.
3.16 	(b) The commissioner, the commissioner's agents, and licensed child-placing 
3.17 	agencies may charge a reasonable fee to the adopted person for the cost of making a 
3.18 	search under this subdivision. A licensed child-placing agency in this state shall cooperate 
3.19 	with the commissioner of human services in efforts to notify an identified parent. Data 
3.20 	regarding communications under this subdivision are confidential data on individuals 
3.21 	as defined in section 13.02, subdivision 3.
3.22 	(c) For purposes of this subdivision, "notify" means a personal and confidential 
3.23 	contact with the birth parents named on the original birth record of the adopted person, if 
3.24 	it is determined to be practicable by the commissioner, or by mail or telephone if personal 
3.25 	contact is not practicable. The contact must be by an employee or agent of the licensed 
3.26 	child-placing agency that processed the adoption or another licensed child-placing agency 
3.27 	designated by the commissioner of human services.
3.28 	(d) Medical and social history information obtained under this subdivision must be 
3.29 	in the form prepared under section 259.43.

3.30 	CONTINGENT EFFECTIVE DATE. This section is effective July 1, 2010, if a 
3.31 	law repealing Minnesota Statutes, section 259.89, subdivision 2, is enacted during the 
3.32 	2010 legislative session.

3.33 	Sec. 4. Minnesota Statutes 2008, section 259.89, subdivision 4, is amended to read:
3.34 		Subd. 4.Release of information after notice. (a) Except as provided in paragraph 
3.35 	(b), if, within six months, the commissioner of human services' agent or licensed 
4.1 	child-placing agency documents to the commissioner of health notification of each parent 
4.2 	identified on the original birth record pursuant to subdivision 2, the commissioner of 
4.3 	health shall disclose the information requested by the adopted person 31 91 days after the 
4.4 	date of the latest notice to either parent. This disclosure will occur if, at any time during 
4.5 	the 31 91 days both of the parents identified on the original birth record have filed a 
4.6 	consent to disclosure with the commissioner of health and neither consent to disclosure 
4.7 	has been revoked by the subsequent filing by a parent of an affidavit stating that the 
4.8 	information should not be disclosed. If only one parent has filed a consent to disclosure 
4.9 	and the consent has not been revoked, the commissioner of health shall disclose, to the 
4.10 	adopted person, original birth record information on the consenting parent only.
4.11 	(b) If the person was adopted before August 1, 1977, and the only contact with a 
4.12 	birth parent under this section was by certified mail, the commissioner of health must not 
4.13 	disclose information on that parent in the adopted person's original birth record unless that 
4.14 	parent has filed an unrevoked consent to disclosure with the commissioner.