1.1                          A bill for an act 
  1.2             relating to human services; requiring notification of 
  1.3             placement or adoption of a child to the other birth 
  1.4             parent; requiring background checks for adoption; 
  1.5             requiring affidavits for an emergency order requiring 
  1.6             updates to adoption study; defining content of 
  1.7             postplacement assessment and report; permitting 
  1.8             court-ordered grandparent visitation with an adopted 
  1.9             child; recognition of adoption which occurred in a 
  1.10            foreign country; defining when adoption records shall 
  1.11            become public records; amending Minnesota Statutes 
  1.12            1996, sections 245A.04, subdivision 10; 257.022, 
  1.13            subdivision 2, and by adding a subdivision; 259.20, 
  1.14            subdivision 2; 259.22, subdivisions 2 and 4; 259.24, 
  1.15            subdivision 2a; 259.41; 259.47, subdivisions 3, 6, 7, 
  1.16            8, and 10; 259.53, subdivisions 1 and 2; 259.55, 
  1.17            subdivision 1; 259.59, subdivision 1; 259.61; 259.67, 
  1.18            subdivision 7; 259.79, subdivision 3; 259.83, 
  1.19            subdivision 3; and 259.89, subdivisions 1, 5, and by 
  1.20            adding a subdivision; proposing coding for new law in 
  1.21            Minnesota Statutes, chapter 259; repealing Minnesota 
  1.22            Statutes 1996, section 259.47, subdivision 9. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 1996, section 245A.04, 
  1.25  subdivision 10, is amended to read: 
  1.26     Subd. 10.  [ADOPTION AGENCY; ADDITIONAL REQUIREMENTS.] In 
  1.27  addition to the other requirements of this section, an 
  1.28  individual, corporation, partnership, voluntary association, 
  1.29  other organization, or controlling individual applying for a 
  1.30  license to place children for adoption must: 
  1.31     (1) incorporate as a nonprofit corporation under chapter 
  1.32  317A; 
  1.33     (2) file with the application for licensure a copy of the 
  1.34  disclosure form required under section 259.37, subdivision 2; 
  2.1      (3) provide evidence that a bond has been obtained and will 
  2.2   be continuously maintained in favor of the commissioner 
  2.3   throughout the entire operating period of the agency, to cover 
  2.4   the cost of transfer of records to and storage of records by the 
  2.5   agency which has agreed, according to rule established by the 
  2.6   commissioner, to receive the applicant agency's records if the 
  2.7   applicant agency voluntarily or involuntarily ceases operation 
  2.8   and fails to provide for proper transfer of the records in order 
  2.9   to comply with the requirements of section 259.79.  The bond 
  2.10  must be made in favor of the agency which has agreed to receive 
  2.11  the records; and 
  2.12     (4) submit a certified audit to the commissioner each year 
  2.13  the license is renewed as required under section 245A.03, 
  2.14  subdivision 1. 
  2.15     Sec. 2.  Minnesota Statutes 1996, section 257.022, 
  2.16  subdivision 2, is amended to read: 
  2.17     Subd. 2.  [FAMILY COURT PROCEEDINGS.] (a) In all 
  2.18  proceedings for dissolution, custody, legal separation, 
  2.19  annulment, or parentage, after the commencement of the 
  2.20  proceeding, or at any time after completion of the proceedings, 
  2.21  and continuing during the minority of the child, the court may, 
  2.22  upon the request of the parent or grandparent of a party, grant 
  2.23  reasonable visitation rights to the unmarried minor child, after 
  2.24  dissolution of marriage, legal separation, annulment, or 
  2.25  determination of parentage during minority if it finds that:  (1)
  2.26  visitation rights would be in the best interests of the child; 
  2.27  and (2) such visitation would not interfere with the parent- 
  2.28  child relationship.  The court shall consider the amount of 
  2.29  personal contact between the parents or grandparents of the 
  2.30  party and the child prior to the application. 
  2.31     (b) If the parent or grandparent of a party makes specific 
  2.32  allegations that the proposed visitation would be in the best 
  2.33  interests of the child and that the visitation would not 
  2.34  interfere with the parent-child relationship, the court shall 
  2.35  hold a hearing at the earliest possible time to determine the 
  2.36  facts surrounding such allegations. 
  3.1      (c) If a motion for grandparent visitation has been heard 
  3.2   and denied, unless agreed to in writing by the parties, no 
  3.3   subsequent motion may be filed within six months after 
  3.4   disposition of a prior motion on its merits. 
  3.5      Sec. 3.  Minnesota Statutes 1996, section 257.022, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 3a.  [GRANDPARENT VISITATION WITH AN ADOPTED 
  3.8   CHILD.] (a) A grandparent of a child adopted by a stepparent may 
  3.9   petition and a court may grant an order setting visitation with 
  3.10  the child if: 
  3.11     (1) the grandparent is the parent of: 
  3.12     (i) a deceased parent of the child; or 
  3.13     (ii) a parent of the child whose parental relationship was 
  3.14  terminated by a decree of adoption according to section 259.57, 
  3.15  subdivision 1; and 
  3.16     (2) the court determines that the requested visitation: 
  3.17     (i) is in the best interests of the child; and 
  3.18     (ii) would not interfere with the parent and child 
  3.19  relationship. 
  3.20     (b) Failure to comply with the terms of an order for 
  3.21  visitation granted under this subdivision is not a basis for 
  3.22  revoking, setting aside, or otherwise challenging the validity 
  3.23  of a consent, relinquishment, or adoption of a child. 
  3.24     Sec. 4.  Minnesota Statutes 1996, section 259.20, 
  3.25  subdivision 2, is amended to read: 
  3.26     Subd. 2.  Portions of chapters 245A, 257, 260, and 317A may 
  3.27  also affect the adoption of a particular child.  Provisions of 
  3.28  the Indian Child Welfare Act, United States Code, title 25, 
  3.29  chapter 21, sections 1901-23, may also apply in the adoption of 
  3.30  an Indian child, and may preempt specific provisions of this 
  3.31  chapter. 
  3.32     Sec. 5.  Minnesota Statutes 1996, section 259.22, 
  3.33  subdivision 2, is amended to read: 
  3.34     Subd. 2.  No petition for adoption shall be filed unless 
  3.35  the child sought to be adopted has been placed by the 
  3.36  commissioner of human services, the commissioner's agent, or a 
  4.1   licensed child-placing agency.  The provisions of this 
  4.2   subdivision shall not apply if 
  4.3      (a) the child is over 14 years of age; 
  4.4      (b) the child is sought to be adopted by a stepparent; 
  4.5      (c) the child is sought to be adopted by a relative related 
  4.6   by blood or marriage within the third degree an individual who 
  4.7   is related to the child, as defined by section 245A.02, 
  4.8   subdivision 13; 
  4.9      (d) (c) the child has been lawfully placed under the laws 
  4.10  of another state while the child and petitioner resided in that 
  4.11  other state; 
  4.12     (e) (d) the court waives the requirement of this 
  4.13  subdivision in the best interests of the child or petitioners, 
  4.14  provided that the adoption does not involve a placement as 
  4.15  defined in section 259.21, subdivision 8; or 
  4.16     (f) (e) the child has been lawfully placed under section 
  4.17  259.47. 
  4.18     Sec. 6.  Minnesota Statutes 1996, section 259.22, 
  4.19  subdivision 4, is amended to read: 
  4.20     Subd. 4.  [TIME FOR FILING PETITION.] A petition shall be 
  4.21  filed not later than 24 months after a child is placed in a 
  4.22  prospective adoptive home.  If a petition is not filed by that 
  4.23  time, the agency that placed the child, or, in a direct adoptive 
  4.24  placement, the agency that prepared the postplacement adoptive 
  4.25  study is supervising the placement shall file with the district 
  4.26  court in the county where the prospective adoptive parent 
  4.27  resides a motion for an order and a report recommending one of 
  4.28  the following: 
  4.29     (1) that the time for filing a petition be extended because 
  4.30  of the child's special needs as defined under title IV-E of the 
  4.31  Social Security Act, United States Code, title 42, section 
  4.32  673; or 
  4.33     (2) that, based on a written plan for completing filing of 
  4.34  the petition, including a specific timeline, to which the 
  4.35  prospective adoptive parents have agreed, the time for filing a 
  4.36  petition be extended long enough to complete the plan because 
  5.1   such an extension is in the best interests of the child; or 
  5.2      (3) that the child be removed from the prospective adoptive 
  5.3   home. 
  5.4      The prospective adoptive parent must reimburse an agency 
  5.5   for the cost of preparing and filing the motion and report under 
  5.6   this section, unless the costs are reimbursed by the 
  5.7   commissioner under section 259.67 or 259.73. 
  5.8      Sec. 7.  Minnesota Statutes 1996, section 259.24, 
  5.9   subdivision 2a, is amended to read: 
  5.10     Subd. 2a.  [TIME OF CONSENT; NOTICE OF INTENT TO CONSENT TO 
  5.11  ADOPTION.] (a) Not sooner than 72 hours after the birth of a 
  5.12  child and not later than 60 days after the child's placement in 
  5.13  a prospective adoptive home, a person whose consent is required 
  5.14  under this section shall execute a consent. 
  5.15     (b) Unless all birth parents from whom consent is required 
  5.16  under this section are involved in making the adoptive placement 
  5.17  and intend to consent to the adoption, a birth parent who 
  5.18  intends to execute a consent to an adoption must give notice to 
  5.19  the child's other birth parent of the intent to consent to the 
  5.20  adoption prior to or within 72 hours following the placement of 
  5.21  the child, if the other birth parent's consent to the adoption 
  5.22  is required under subdivision 1.  The birth parent who receives 
  5.23  notice shall have 60 days after the placement of the child to 
  5.24  either consent or refuse to consent to the adoption.  If the 
  5.25  birth parent who receives notice fails to take either of these 
  5.26  actions, that parent shall be deemed to have irrevocably 
  5.27  consented to the child's adoption. 
  5.28     (c) When notice is required under this subdivision, it 
  5.29  shall be provided to the other birth parent according to the 
  5.30  rules of civil procedure for service of a summons and complaint. 
  5.31     Sec. 8.  Minnesota Statutes 1996, section 259.41, is 
  5.32  amended to read: 
  5.33     259.41 [ADOPTION STUDY.] 
  5.34     Subdivision 1.  [STUDY REQUIRED BEFORE PLACEMENT; CERTAIN 
  5.35  RELATIVES EXCEPTED.] (a) An adoption study and written report 
  5.36  must be completed before the child is placed in a prospective 
  6.1   adoptive home under this chapter and the study, except as 
  6.2   allowed by section 259.47, subdivision 6.  In an agency 
  6.3   placement, the report must be completed and filed with the court 
  6.4   at the time the adoption petition is filed.  In a direct 
  6.5   adoptive placement, the report must be filed with the court in 
  6.6   support of a motion for temporary preadoptive custody under 
  6.7   section 259.47, subdivision 3, or, if the study and report are 
  6.8   complete, in support of an emergency order under section 259.47, 
  6.9   subdivision 6.  The study and report shall be completed by a 
  6.10  licensed child-placing agency and must be thorough and 
  6.11  comprehensive.  The study and report shall be paid for by the 
  6.12  prospective adoptive parent, except as otherwise required under 
  6.13  section 259.67 or 259.73.  
  6.14     (b) A stepparent placement for adoption with an individual 
  6.15  who is related to the child, as defined by section 245A.02, 
  6.16  subdivision 13, is not subject to this section, except as 
  6.17  required by section 259.53, subdivision 2, paragraph (c). 
  6.18     Subd. 2.  [FORM OF STUDY.] (a) The adoption study must 
  6.19  include at least one in-home visit with the prospective adoptive 
  6.20  parent.  At a minimum, the study must include the following 
  6.21  about the prospective adoptive parent: 
  6.22     (1) a background check of criminal conviction data, data on 
  6.23  substantiated maltreatment of a child under section 626.556, and 
  6.24  domestic violence data of each person over the age of 13 living 
  6.25  in the home.  The prospective adoptive parents, the bureau of 
  6.26  criminal apprehension, and other state, county, and local 
  6.27  agencies, after written notice to the subject of the study, 
  6.28  shall give the agency completing the adoption study 
  6.29  substantiated criminal conviction data and reports about 
  6.30  maltreatment of minors and vulnerable adults and domestic 
  6.31  violence.  The adoption study must also include a check of the 
  6.32  juvenile court records of each person over the age of 13 living 
  6.33  in the home.  Notwithstanding provisions of section 260.161 to 
  6.34  the contrary, the juvenile court shall release the requested 
  6.35  information to the agency completing the adoption study.  The 
  6.36  study must include as required by subdivision 3, and an 
  7.1   evaluation of the effect of a conviction or finding of 
  7.2   substantiated maltreatment on the ability to care for a child; 
  7.3      (2) a medical and social history and assessment of current 
  7.4   health; 
  7.5      (3) an assessment of potential parenting skills; 
  7.6      (4) an assessment of ability to provide adequate financial 
  7.7   support for a child; and 
  7.8      (5) an assessment of the level of knowledge and awareness 
  7.9   of adoption issues including, where appropriate, matters 
  7.10  relating to interracial, cross-cultural, and special needs 
  7.11  adoptions. 
  7.12     The adoption study must include at least one in-home visit 
  7.13  with the prospective adoptive parent.  
  7.14     (b) The adoption study is the basis for completion of a 
  7.15  written report.  The report must be in a format specified by the 
  7.16  commissioner and must contain recommendations regarding the 
  7.17  suitability of the subject of the study to be an adoptive 
  7.18  parent.  An adoption study report is valid for 12 months 
  7.19  following its date of completion. 
  7.20     Subd. 3.  [BACKGROUND CHECK; AFFIDAVIT OF HISTORY.] A (a) 
  7.21  At the time an adoption study is commenced, each prospective 
  7.22  adoptive parent seeking a study under this section must: 
  7.23     (1) authorize access by the agency to any private data 
  7.24  needed to complete the study, must; 
  7.25     (2) provide all addresses at which the prospective adoptive 
  7.26  parent and anyone in the household over the age of 13 has 
  7.27  resided in the previous ten years; 
  7.28     (3) disclose any names used previously other than the name 
  7.29  used at the time of the study,; and 
  7.30     must (4) provide a set of fingerprints, which shall be 
  7.31  forwarded to the bureau of criminal apprehension to facilitate 
  7.32  the criminal conviction background check required under clause 
  7.33  (1) paragraph (b). 
  7.34     (b) When the requirements of paragraph (a) have been met, 
  7.35  the agency shall immediately begin a background check, on each 
  7.36  person over the age of 13 living in the home, consisting, at a 
  8.1   minimum, of the following: 
  8.2      (1) a check of criminal conviction data with the bureau of 
  8.3   criminal apprehension and local law enforcement authorities; 
  8.4      (2) a check for data on substantiated maltreatment of a 
  8.5   child or vulnerable adult and domestic violence data with local 
  8.6   law enforcement and social services agencies and district 
  8.7   courts; and 
  8.8      (3) for those persons under the age of 25, a check of 
  8.9   juvenile court records. 
  8.10     Notwithstanding the provisions of section 260.161, the 
  8.11  bureau of criminal apprehension, local law enforcement and 
  8.12  social services agencies, district courts, and juvenile courts 
  8.13  shall release the requested information to the agency completing 
  8.14  the adoption study. 
  8.15     When paragraph (b) requires checking the data or records of 
  8.16  local law enforcement and social services agencies and district 
  8.17  and juvenile courts, the agency shall check with the law 
  8.18  enforcement and social services agencies and courts whose 
  8.19  jurisdictions cover the addresses under paragraph (a), clause 
  8.20  (2).  In the event that the agency is unable to complete any of 
  8.21  the record checks required by paragraph (b), the agency shall 
  8.22  document the fact and the agency's efforts to obtain the 
  8.23  information. 
  8.24     (c) At any time prior to completion of the background check 
  8.25  required under paragraph (b), a prospective adoptive parent may 
  8.26  submit to the agency conducting the study a sworn affidavit 
  8.27  stating whether they or any person residing in the household 
  8.28  have been convicted of a crime.  The affidavit shall also state 
  8.29  whether the adoptive parent or any other person residing in the 
  8.30  household is the subject of an open investigation of, or have 
  8.31  been the subject of a substantiated allegation of, child or 
  8.32  vulnerable-adult maltreatment within the past ten years.  A 
  8.33  complete description of the crime, open investigation, or 
  8.34  substantiated abuse, and a complete description of any sentence, 
  8.35  treatment, or disposition must be included.  The affidavit must 
  8.36  contain an acknowledgment that if, at any time before the 
  9.1   adoption is final, a court receives evidence leading to a 
  9.2   conclusion that a prospective adoptive parent knowingly gave 
  9.3   false information in the affidavit, it shall be determined that 
  9.4   the adoption of the child by the prospective adoptive parent is 
  9.5   not in the best interests of the child. 
  9.6      (d) For the purposes of subdivision 1 and section 259.47, 
  9.7   subdivisions 3 and 6, an adoption study is complete for 
  9.8   placement, even though the background checks required by 
  9.9   paragraph (b) have not been completed, if each prospective 
  9.10  adoptive parent has completed the affidavit allowed by paragraph 
  9.11  (c) and the other requirements of this section have been met.  
  9.12  The background checks required by paragraph (b) must be 
  9.13  completed before an adoption petition is filed.  If an adoption 
  9.14  study has been submitted to the court under section 259.47, 
  9.15  subdivision 3 or 6 before the background checks required by 
  9.16  paragraph (b) were complete, an updated adoption study report 
  9.17  which includes the results of the background check must be filed 
  9.18  with the adoption petition.  In the event that an agency is 
  9.19  unable to complete any of the records checks required by 
  9.20  paragraph (b), the agency shall submit with the petition to 
  9.21  adopt an affidavit documenting the agency's efforts to complete 
  9.22  the checks. 
  9.23     Subd. 4.  [UPDATES TO ADOPTION STUDY; PERIOD OF 
  9.24  VALIDITY.] An agency may update an adoption study and report as 
  9.25  needed, regardless of when the original study and report or most 
  9.26  recent update was completed.  An update must be in a format 
  9.27  specified by the commissioner and must verify the continuing 
  9.28  accuracy of the elements of the original report and document any 
  9.29  changes to elements of the original report.  An update to a 
  9.30  study and report not originally completed under this section 
  9.31  must ensure that the study and report, as updated, meet the 
  9.32  requirements of this section.  An adoption study is valid if the 
  9.33  report has been completed or updated within the previous 12 
  9.34  months. 
  9.35     Sec. 9.  Minnesota Statutes 1996, section 259.47, 
  9.36  subdivision 3, is amended to read: 
 10.1      Subd. 3.  [PREADOPTIVE CUSTODY ORDER.] (a) Before a child 
 10.2   is placed in a prospective adoptive home by a birth parent or 
 10.3   legal guardian, other than an agency, the placement must be 
 10.4   approved by the district court in the county where the 
 10.5   prospective adoptive parent resides.  An order under this 
 10.6   subdivision or subdivision 6 shall state that the prospective 
 10.7   adoptive parent's right to custody of the child is subject to 
 10.8   the birth parent's right to custody until the consents to the 
 10.9   child's adoption become irrevocable.  At the time of placement, 
 10.10  prospective adoptive parents must have for the child qualifying 
 10.11  existing coverage as defined in section 62L.02, subdivision 24, 
 10.12  or other similar comprehensive health care coverage.  The 
 10.13  prospective adoptive parent must meet the residence requirements 
 10.14  of section 259.22, subdivision 1, and must file with the court 
 10.15  an affidavit of intent to remain a resident of the state for at 
 10.16  least three months after the child is placed in the prospective 
 10.17  adoptive home.  The prospective adoptive parent shall file with 
 10.18  the court a notice of intent to file an adoption petition and 
 10.19  submit a written motion seeking an order granting temporary 
 10.20  preadoptive custody.  The notice and motion required under this 
 10.21  subdivision may be considered by the court ex parte, without a 
 10.22  hearing.  The prospective adoptive parent shall serve a copy of 
 10.23  the notice and motion upon any parent whose consent is required 
 10.24  under section 259.24 or who is named in the affidavit required 
 10.25  under paragraph (b) if that person's mailing address is known.  
 10.26  The motion may be filed up to 60 days before the placement is to 
 10.27  be made and must include:  
 10.28     (1) the adoption study required under section 259.41; 
 10.29     (2) affidavits from the birth parents indicating their 
 10.30  support of the motion, or, if there is no affidavit from the 
 10.31  birth father, an affidavit from the birth mother under paragraph 
 10.32  (b); 
 10.33     (3) an itemized statement of expenses that have been paid 
 10.34  and an estimate of expenses that will be paid by the prospective 
 10.35  adoptive parents to the birth parents, any agency, attorney, or 
 10.36  other party in connection with the prospective adoption; 
 11.1      (4) the name of counsel for each party, if any; 
 11.2      (5) a statement that the birth parents: 
 11.3      (i) have provided the social and medical history required 
 11.4   under section 259.43 to the prospective adoptive parent; 
 11.5      (ii) have received the written statement of their legal 
 11.6   rights and responsibilities under section 259.39; and 
 11.7      (iii) have been notified of their right to receive 
 11.8   counseling under subdivision 4; and 
 11.9      (6) the name of the agency chosen by the adoptive parent to 
 11.10  supervise the adoptive placement and complete the postplacement 
 11.11  adoption study assessment required by section 259.53, 
 11.12  subdivision 9 2. 
 11.13     The court shall review the expense statement submitted 
 11.14  under this subdivision to determine whether payments made or to 
 11.15  be made by the prospective adoptive parent are lawful and in 
 11.16  accordance with section 259.55, subdivision 1. 
 11.17     (b) If the birth mother submits the affidavit required in 
 11.18  paragraph (a), clause (2), but the birth father fails to do so, 
 11.19  the birth mother must submit an additional affidavit that 
 11.20  describes her good faith efforts or efforts made on her behalf 
 11.21  to identify and locate the birth father for purposes of securing 
 11.22  his consent.  In the following circumstances the birth mother 
 11.23  may instead submit an affidavit stating on which ground she is 
 11.24  exempt from making efforts to identify and locate the father: 
 11.25     (1) the child was conceived as the result of incest or 
 11.26  rape; 
 11.27     (2) efforts to locate the father by the affiant or anyone 
 11.28  acting on the affiant's behalf could reasonably result in 
 11.29  physical harm to the birth mother or child; or 
 11.30     (3) efforts to locate the father by the affiant or anyone 
 11.31  acting on the affiant's behalf could reasonably result in severe 
 11.32  emotional distress of the birth mother or child. 
 11.33     A court shall consider the motion for temporary preadoptive 
 11.34  custody within 30 days of receiving the motion or by the 
 11.35  anticipated placement date stated in the motion, whichever comes 
 11.36  sooner. 
 12.1      Sec. 10.  Minnesota Statutes 1996, section 259.47, 
 12.2   subdivision 6, is amended to read: 
 12.3      Subd. 6.  [EMERGENCY ORDER.] (a) A court may issue an 
 12.4   emergency order granting temporary preadoptive custody of a 
 12.5   child to a prospective adoptive parent for up to 14 days if the 
 12.6   following conditions are met:. 
 12.7      (1) the motion is The prospective adoptive parent shall 
 12.8   submit a written motion to the court.  The motion must be 
 12.9   supported by: 
 12.10     (1) affidavits from the prospective adoptive parents and 
 12.11  birth parents indicating that an emergency order is needed 
 12.12  because of the unexpected premature birth of the child or other 
 12.13  specifically described extraordinary circumstances which 
 12.14  prevented the completion of the requirements of subdivision 3; 
 12.15     (2) the information required by subdivision 3, paragraph 
 12.16  (a), clauses (2) and (5), items (ii) and (iii); and 
 12.17     (3) either: 
 12.18     (i) a completed adoption study report which meets the 
 12.19  requirements of section 259.41; or 
 12.20     (ii) the affidavits from each prospective adoptive parent 
 12.21  stating whether they or any person residing in the household 
 12.22  have been convicted of a crime or are the subject of an open 
 12.23  investigation of, or have been the subject of a substantiated 
 12.24  allegation of, child or vulnerable-adult abuse within the past 
 12.25  ten years.  If so, a complete description of the crime, open 
 12.26  investigation, or substantiated abuse and a complete description 
 12.27  of any sentence, treatment, or disposition must be included.  
 12.28  If, at any time before the adoption is final, a court receives 
 12.29  evidence leading it to conclude that a prospective adoptive 
 12.30  parent knowingly gave false information in this affidavit, it 
 12.31  shall be presumed that the placement of the child with the 
 12.32  adoptive parent is not in the best interests of the child; and 
 12.33     (iii) the information required by subdivision 3, paragraph 
 12.34  (a), clauses (2), and (5), items (ii) and (iii); and 
 12.35     (iv) affidavits from the prospective adoptive parent and 
 12.36  birth parent indicating that an emergency order is needed 
 13.1   because of the unexpected premature birth of the child or other 
 13.2   specifically described extraordinary circumstances which 
 13.3   prevented the completion of the requirements of this section; 
 13.4   and allowed by section 259.41, subdivision 3, paragraph (c). 
 13.5      (2) The court shall issue the emergency order if it 
 13.6   concludes from the record submitted that the emergency order 
 13.7   will preserve not compromise the health and or safety of the 
 13.8   child. 
 13.9      (b) An order granting or denying the motion shall be issued 
 13.10  under this section within 24 hours of the time it is brought.  
 13.11  Notwithstanding section 259.23, any judge of district court may 
 13.12  consider a motion brought under this subdivision.  An order 
 13.13  granting the motion shall direct that an adoption study be 
 13.14  commenced immediately, if that has not occurred, and that the 
 13.15  agency conducting the study shall supervise the emergency 
 13.16  placement. 
 13.17     (c) An emergency order under this subdivision expires 14 
 13.18  days after it is issued.  If the requirements of subdivision 3 
 13.19  are completed and a preadoptive custody motion is filed on or 
 13.20  before the expiration of the emergency order, placement may 
 13.21  continue until the court rules on the motion.  The court shall 
 13.22  consider the preadoptive custody motion within seven days of 
 13.23  filing. 
 13.24     Sec. 11.  Minnesota Statutes 1996, section 259.47, 
 13.25  subdivision 7, is amended to read: 
 13.26     Subd. 7.  [CONSENT; TIME FRAME; HEARING; VENUE; 
 13.27  COMMISSIONER'S FORM.] Not sooner than 72 hours after the birth 
 13.28  of a child and not later than 60 days after the child's 
 13.29  placement in a prospective adoptive home under this section, a 
 13.30  person whose consent is required under section 259.24 shall 
 13.31  execute a consent.  A birth parent, whose consent is required 
 13.32  under section 259.24 and who has chosen not to receive 
 13.33  counseling through a licensed agency or a licensed social 
 13.34  services professional trained in adoption issues, shall appear 
 13.35  before a judge or judicial officer to sign the written consent 
 13.36  to the child's adoption by the prospective adoptive parent who 
 14.1   has temporary preadoptive custody of the child.  Notwithstanding 
 14.2   where the prospective adoptive parent resides, the consent 
 14.3   hearing may be held in any county in this state where the birth 
 14.4   parent is found.  If a consent hearing is held in a county other 
 14.5   than where the prospective adoptive parent resides, the court 
 14.6   shall forward the executed consent to the district court in the 
 14.7   county where the prospective adoptive parent resides.  If a 
 14.8   birth parent has chosen to receive counseling through a licensed 
 14.9   agency or a licensed social services professional trained in 
 14.10  adoption issues, the birth parent may choose to execute a 
 14.11  written consent under section 259.24, subdivision 5.  A person 
 14.12  whose consent is required under section 259.24, subdivision 2, 
 14.13  may choose to execute consent at a judicial hearing as described 
 14.14  in this section or under the procedures in section 259.24, 
 14.15  subdivision 5. 
 14.16     The consent becomes irrevocable on the tenth working day 
 14.17  after it is given, except that if the consent was obtained by 
 14.18  fraud, proceedings to determine the existence of fraud shall be 
 14.19  governed by section 259.24, subdivision 6a.  Until the consent 
 14.20  becomes irrevocable, the child shall be returned to the birth 
 14.21  parent upon request. 
 14.22     The written consent under this subdivision must state that: 
 14.23     (1) the birth parent has had the opportunity to consult 
 14.24  with independent legal counsel at the expense of the prospective 
 14.25  adoptive parent, unless the birth parent knowingly waived the 
 14.26  opportunity; 
 14.27     (2) the birth parent was notified of the right to receive 
 14.28  counseling at the expense of the prospective adoptive parent and 
 14.29  has chosen to exercise or waive that right; and 
 14.30     (3) the birth parent was informed that if the birth parent 
 14.31  withdraws consent, the prospective adoptive parent cannot 
 14.32  require the birth parent to reimburse any costs the prospective 
 14.33  adoptive parent has incurred in connection with the adoption, 
 14.34  including payments made to or on behalf of the birth parent. 
 14.35     If a birth parent has chosen to have legal counsel, the 
 14.36  attorney must be present at the execution of consents.  If a 
 15.1   birth parent waives counsel, the written waiver must be filed 
 15.2   with the consent under this subdivision. 
 15.3      The consent signed under this subdivision must be on a form 
 15.4   prepared by the commissioner and made available to agencies and 
 15.5   court administrators for public distribution. 
 15.6      Sec. 12.  Minnesota Statutes 1996, section 259.47, 
 15.7   subdivision 8, is amended to read: 
 15.8      Subd. 8.  [NOTICE AND CONSENT DEADLINE; CONSENT HEARING; 
 15.9   BIRTH PARENT NOT APPEARING FAILURE TO EXECUTE CONSENTS.] (a) 
 15.10  With the exception of cases where a person who receives notice 
 15.11  under paragraph (b) section 259.24, subdivision 2a, if a birth 
 15.12  parent whose consent is required under section 259.24 does 
 15.13  not appear at a consent hearing under this section execute a 
 15.14  consent by the end of the period specified in section 259.24, 
 15.15  subdivision 2a, the agency which is supervising the placement 
 15.16  shall notify the court and the court shall issue an order 
 15.17  regarding continued placement of the child.  The court shall 
 15.18  order the local social services agency to determine whether to 
 15.19  commence proceedings for termination of parental rights on 
 15.20  grounds of abandonment as defined in section 260.221.  The court 
 15.21  may disregard the six- and 12-month requirements of section 
 15.22  260.221, paragraph (b), clause (1), item (i), in finding 
 15.23  abandonment if the birth parent has failed to execute a consent 
 15.24  within the time required under this section and has made no 
 15.25  effort to obtain custody of the child. 
 15.26     (b) A birth parent who intends to consent to the adoption 
 15.27  of a child shall notify the other birth parent of that fact if 
 15.28  the other birth parent's consent to the adoption is required 
 15.29  under section 259.24, subdivision 1, at the time of placement.  
 15.30  Notice shall be provided to the other birth parent by personal 
 15.31  service in the manner provided in the rules of civil procedure 
 15.32  for service of a summons and complaint within 72 hours of the 
 15.33  date on which the child is placed.  The notice shall inform the 
 15.34  birth parent of the notifying birth parent's intent regarding 
 15.35  consent to adoption and shall notify the receiving birth parent 
 15.36  that, not later than 60 days after the date of service, the 
 16.1   birth parent must either consent or refuse to consent to the 
 16.2   adoption.  On the 61st day following service of the notice 
 16.3   required under this subdivision, a birth parent who fails to 
 16.4   take either of these actions, is deemed to have consented to the 
 16.5   child's adoption regarding the child. 
 16.6      Sec. 13.  Minnesota Statutes 1996, section 259.47, 
 16.7   subdivision 10, is amended to read: 
 16.8      Subd. 10.  [RECORDS.] All records filed with the court 
 16.9   In any adoption completed according to a direct adoptive 
 16.10  placement under this section, a record, consisting of the 
 16.11  adoption study report and updates required by section 259.41; 
 16.12  the birth parent history required by section 259.43; the 
 16.13  original birth certificate; and the hospital discharge form, 
 16.14  must be permanently maintained by the agency which completed the 
 16.15  adoption study supervised the placement.  The birth parents, 
 16.16  adoptive parents, or their representatives shall provide copies 
 16.17  of these documents to the agency upon request.  Notwithstanding 
 16.18  the provisions of section 259.61, an agency shall, upon request, 
 16.19  be given any court records needed to provide postadoption 
 16.20  services pursuant according to section 259.83 at the request of 
 16.21  adoptive parents, birth parents, or adopted individuals age 19 
 16.22  or older. 
 16.23     Sec. 14.  Minnesota Statutes 1996, section 259.53, 
 16.24  subdivision 1, is amended to read: 
 16.25     Subdivision 1.  [NOTICE TO COMMISSIONER; COUNTY DUTIES 
 16.26  REFERRAL FOR POSTPLACEMENT ASSESSMENT.] (a) Upon the filing of a 
 16.27  petition for adoption of a child the court administrator shall 
 16.28  immediately transmit a copy of the petition to the commissioner 
 16.29  of human services and the local social services agency of the 
 16.30  county in which the prospective adoptive parent lives.  Except 
 16.31  as provided in subdivision 2, the local social services agency 
 16.32  shall verify the allegations of the petition, investigate the 
 16.33  conditions and antecedents of the child for the purpose of 
 16.34  ascertaining whether the child is a proper subject for adoption, 
 16.35  whether the proposed adoptive home and the child are suited to 
 16.36  each other and whether the proposed adoption meets the 
 17.1   preferences described in section 259.57, subdivision 2.  The 
 17.2   report of the local social services agency shall be 
 17.3   confidential, and the records of the local social services 
 17.4   agency or the contents of them shall not be disclosed either 
 17.5   directly or indirectly to any person other than the commissioner 
 17.6   of human services or a judge of the court having jurisdiction of 
 17.7   the matter.  Within 90 days after the receipt of the copy of the 
 17.8   petition the local social services agency shall submit to the 
 17.9   court and the commissioner a full report in writing with 
 17.10  recommendations as to the granting of the petition.  If the 
 17.11  report is not returned within the 90 days, without fault of 
 17.12  petitioner, the court may hear the petition upon giving the 
 17.13  local social services agency five days notice by mail of the 
 17.14  time and place of the hearing.  If the report disapproves of the 
 17.15  adoption of the child, the local social services agency may 
 17.16  recommend that the court dismiss the petition.  
 17.17     (b) The court shall immediately refer the petition to the 
 17.18  agency specified below for completion of a postplacement 
 17.19  assessment and report as required by subdivision 2: 
 17.20     (1) if the child to be adopted has been committed to the 
 17.21  guardianship of the commissioner or an agency under section 
 17.22  260.241 or an agency has been given authority to place the child 
 17.23  under section 259.25, the court shall refer the petition to that 
 17.24  agency, unless another agency is supervising the placement, in 
 17.25  which case the court shall refer the petition to the supervising 
 17.26  agency; 
 17.27     (2) if the child to be adopted has been placed in the 
 17.28  petitioner's home by a direct adoptive placement, the court 
 17.29  shall refer the petition to the agency supervising the placement 
 17.30  under section 259.47, subdivision 3, paragraph (a), clause (6); 
 17.31  or 
 17.32     (3) if the child is to be adopted by an individual who is 
 17.33  related to the child as defined by section 245A.02, subdivision 
 17.34  13, and in all other instances not described in clause (1) or 
 17.35  clause (2), the court shall refer the petition to the local 
 17.36  social services agency of the county in which the prospective 
 18.1   adoptive parent lives. 
 18.2      Sec. 15.  Minnesota Statutes 1996, section 259.53, 
 18.3   subdivision 2, is amended to read: 
 18.4      Subd. 2.  [ADOPTION AGENCIES; POSTPLACEMENT ASSESSMENT AND 
 18.5   REPORT.] Notwithstanding the provisions of subdivision 1, if the 
 18.6   child to be adopted has been committed to the guardianship of an 
 18.7   agency pursuant to section 260.241, or if the child has been 
 18.8   surrendered to an agency pursuant to section 259.25, or the 
 18.9   child's direct adoptive placement is being supervised by an 
 18.10  agency pursuant to section 259.47 the court shall refer the 
 18.11  adoption petition to the agency, or, if the adopting parent has 
 18.12  a stepparent relationship to the child, to the local social 
 18.13  services agency of the county in which the adoption is pending.  
 18.14     (a) The agency or local social services agency, within 90 
 18.15  days of receipt of a copy of the adoption petition, to which the 
 18.16  petition has been referred under subdivision 1 shall conduct a 
 18.17  postplacement assessment and file a report with the court a 
 18.18  within 90 days of receipt of a copy of the adoption petition.  
 18.19  The agency shall send a copy of the report to the commissioner 
 18.20  at the time it files the report with the court.  The assessment 
 18.21  and report of its investigation of must evaluate the environment 
 18.22  and antecedents of the child to be adopted and of, the home of 
 18.23  the petitioners, and its determination whether the home of 
 18.24  placement with the petitioners meets the preferences needs of 
 18.25  the child as described in section 259.57, subdivision 2.  The 
 18.26  report must include a recommendation to the court as to whether 
 18.27  the petition should be granted. 
 18.28     In making the above evaluations and recommendation, the 
 18.29  postplacement assessment and report must, at a minimum, address 
 18.30  the following: 
 18.31     (1) the level of adaptation by the prospective adoptive 
 18.32  parents to parenting the child; 
 18.33     (2) the health and well-being of the child in the 
 18.34  prospective adoptive parents' home; 
 18.35     (3) the level of incorporation by the child into the 
 18.36  prospective adoptive parents' home, extended family, and 
 19.1   community; and 
 19.2      (4) the level of inclusion of the child's previous history 
 19.3   into the prospective adoptive home, such as cultural or ethnic 
 19.4   practices, or contact with former foster parents or biological 
 19.5   relatives.  If the report disapproves of the adoption of the 
 19.6   child, the agency or local social services agency may recommend 
 19.7   that the court dismiss the petition.  In the case of a direct 
 19.8   adoptive placement under section 259.47, a postplacement 
 19.9   adoption study completed under section 259.47, subdivision 9, 
 19.10  shall be considered as meeting the requirement for a report 
 19.11  under this section. 
 19.12     (b) A postplacement adoption report is valid for 12 months 
 19.13  following its date of completion. 
 19.14     (c) If the petitioner is an individual who is related to 
 19.15  the child, as defined by section 245A.02, subdivision 13, the 
 19.16  agency, as part of its postplacement assessment and report under 
 19.17  paragraph (a), shall conduct a background check meeting the 
 19.18  requirements of section 259.41, subdivision 3, paragraph (b).  
 19.19  The prospective adoptive parent shall cooperate in the 
 19.20  completion of the background check by supplying the information 
 19.21  and authorizations described in section 259.41, subdivision 3, 
 19.22  paragraph (a). 
 19.23     (d) If the report recommends that the court not grant the 
 19.24  petition to adopt the child, the provisions of this paragraph 
 19.25  apply.  Unless the assessment and report were completed by the 
 19.26  local social services agency, the agency completing the report, 
 19.27  at the time it files the report with the court under paragraph 
 19.28  (a), must provide a copy of the report to the local social 
 19.29  services agency in the county where the prospective adoptive 
 19.30  parent lives.  The agency or local social services agency may 
 19.31  recommend that the court dismiss the petition.  If the local 
 19.32  social services agency determines that continued placement in 
 19.33  the home endangers the child's physical or emotional health, the 
 19.34  agency shall seek a court order to remove the child from the 
 19.35  home. 
 19.36     (e) If, through no fault of the petitioner, the agency to 
 20.1   whom the petition was referred under subdivision 1, paragraph 
 20.2   (b), fails to complete the assessment and file the report within 
 20.3   90 days of the date it received a copy of the adoption petition, 
 20.4   the court may hear the petition upon giving the agency and the 
 20.5   local social services agency, if different, five days' notice by 
 20.6   mail of the time and place of the hearing. 
 20.7      Sec. 16.  Minnesota Statutes 1996, section 259.55, 
 20.8   subdivision 1, is amended to read: 
 20.9      Subdivision 1.  [AUTHORIZED PAYMENTS.] In any adoption 
 20.10  under this chapter, a prospective adoptive parent or anyone 
 20.11  acting in concert with, at the direction of, or on behalf of a 
 20.12  prospective adoptive parent may pay only the following expenses 
 20.13  of the birth parent: 
 20.14     (1) reasonable counseling, medical, and legal fees, which 
 20.15  shall be paid directly to the provider of the service; 
 20.16     (2) reasonable expenses for transportation, meals, and 
 20.17  lodging incurred for placement of the child or in order to 
 20.18  receive counseling, legal, or medical services related to the 
 20.19  pregnancy, birth, or placement; 
 20.20     (3) reasonable expenses for adoption services provided by 
 20.21  an agency at the request of the birth parent, which shall be 
 20.22  paid directly to the agency; and 
 20.23     (4)(i) reasonable living expenses of the birth mother which 
 20.24  are needed to maintain an adequate standard of living which the 
 20.25  birth mother is unable to otherwise maintain because of loss of 
 20.26  income or other support resulting from the pregnancy. 
 20.27     (i) the payments may cover expenses incurred during the 
 20.28  pregnancy-related incapacity but not for a period longer than 
 20.29  six weeks following delivery, unless the court determines within 
 20.30  the six-week period that the birth mother is unable to be 
 20.31  employed due to physical limitations relating to the birth of 
 20.32  the child; 
 20.33     (ii) the payment shall not be contingent upon placement of 
 20.34  the child for adoption, consent to adoption, or cooperation in 
 20.35  the completion of the adoption; and 
 20.36     (iii) reasonable living expenses does not include expenses 
 21.1   for lost wages, gifts, educational expenses, or other similar 
 21.2   expenses of the birth mother. 
 21.3      Sec. 17.  Minnesota Statutes 1996, section 259.59, 
 21.4   subdivision 1, is amended to read: 
 21.5      Subdivision 1.  Upon adoption, the child shall become the 
 21.6   legal child of the adopting persons and they shall become the 
 21.7   legal parents of the child with all the rights and duties 
 21.8   between them of birth parents and legitimate child.  By virtue 
 21.9   of the adoption the child shall inherit from the adoptive 
 21.10  parents or their relatives the same as though the child were the 
 21.11  natural child of the parents, and in case of the child's death 
 21.12  intestate the adoptive parents and their relatives shall inherit 
 21.13  the child's estate as if they had been the child's birth parents 
 21.14  and relatives.  After a decree of adoption is entered the birth 
 21.15  parents of an adopted child shall be relieved of all parental 
 21.16  responsibilities for the child, and they shall not exercise or 
 21.17  have any rights over the adopted child or the child's property.  
 21.18  The child shall not owe the birth parents or their relatives any 
 21.19  legal duty nor shall the child inherit from the birth parents or 
 21.20  kindred, except as provided in subdivision 1a and section 
 21.21  257.022, subdivision 3a. 
 21.22     Sec. 18.  [259.60] [INTERCOUNTRY ADOPTIONS; OBTAINING 
 21.23  AMENDED BIRTH CERTIFICATE.] 
 21.24     Subdivision 1.  [VALIDITY OF INTERCOUNTRY ADOPTION.] The 
 21.25  adoption of a child by a resident of this state under the laws 
 21.26  of a foreign country is valid and binding under the laws of this 
 21.27  state if the validity of the foreign adoption has been verified 
 21.28  by the granting of an IR-3 visa for the child by the United 
 21.29  States Immigration and Naturalization Service. 
 21.30     Subd. 2.  [AMENDED BIRTH CERTIFICATE; PROCEDURE AND 
 21.31  ORDER.] (a) Under the procedures in paragraph (b), a person, 
 21.32  whose adoption of a child under the laws of a foreign country is 
 21.33  valid in this state under subdivision 1, may petition the 
 21.34  district court in the county where the adoptive parent resides 
 21.35  for a decree confirming and recognizing the adoption and for a 
 21.36  new birth certificate for the child. 
 22.1      (b) A court shall issue the decree and birth certificate 
 22.2   upon receipt of the following documents: 
 22.3      (1) a petition by the adoptive parent requesting that the 
 22.4   court issue a Minnesota birth certificate, and stating that the 
 22.5   adoptive parent completed adoption of the child under the laws 
 22.6   of a foreign country and that the adoption is valid in this 
 22.7   state under subdivision 1.  The petition must be in the form of 
 22.8   a signed, sworn, and notarized statement; 
 22.9      (2) a copy of the child's original birth certificate, if 
 22.10  available; 
 22.11     (3) a copy of the final adoption certificate or equivalent 
 22.12  as issued by the foreign jurisdiction; 
 22.13     (4) a copy of the child's passport including the United 
 22.14  States visa indicating IR-3 immigration status; and 
 22.15     (5) certified English translations of any of the documents 
 22.16  in clauses (2) to (4) that are not written in the English 
 22.17  language. 
 22.18     Sec. 19.  Minnesota Statutes 1996, section 259.61, is 
 22.19  amended to read: 
 22.20     259.61 [HEARINGS, CONFIDENTIAL.] 
 22.21     All hearings held in proceedings under sections 259.21 to 
 22.22  259.63 shall be confidential and shall be held in closed court 
 22.23  without admittance of any persons other than the petitioners, 
 22.24  their witnesses, the commissioner of human services or an 
 22.25  agency, or their authorized representatives, attorneys, and 
 22.26  persons entitled to notice by sections 259.21 to 259.63, except 
 22.27  by order of the court.  The files and records of the court in 
 22.28  adoption proceedings shall not be open to inspection by any 
 22.29  person except the commissioner of human services or the 
 22.30  commissioner's representatives, an agency acting under section 
 22.31  259.47, subdivision 10, or upon an order of the court expressly 
 22.32  so permitting pursuant to a petition setting forth the reasons 
 22.33  therefor.  In a stepparent adoption, upon receiving a written 
 22.34  request from a parent whose parental rights would be or have 
 22.35  been severed by the adoption under section 259.59, the court or 
 22.36  the commissioner may confirm in writing whether or not an 
 23.1   adoption decree has been granted and, if so, the date of the 
 23.2   adoption decree. 
 23.3      Sec. 20.  Minnesota Statutes 1996, section 259.67, 
 23.4   subdivision 7, is amended to read: 
 23.5      Subd. 7.  [REIMBURSEMENT OF COSTS.] (a) Subject to rules of 
 23.6   the commissioner, and the provisions of this subdivision a 
 23.7   Minnesota-licensed child-placing agency or county local social 
 23.8   service services agency shall receive a reimbursement from the 
 23.9   commissioner equal to 100 percent of the reasonable and 
 23.10  appropriate cost of providing adoption services for a child 
 23.11  certified as eligible for adoption assistance.  Such assistance 
 23.12  may include adoptive family recruitment, counseling, and special 
 23.13  training when needed.  A Minnesota-licensed child-placing agency 
 23.14  shall receive reimbursement for adoption services it purchases 
 23.15  for or directly provides to an eligible child.  A county local 
 23.16  social service services agency shall receive such reimbursement 
 23.17  only for adoption services it purchases for an eligible child. 
 23.18     (b) A Minnesota-licensed child-placing agency or county 
 23.19  local social service services agency seeking reimbursement under 
 23.20  this subdivision shall enter into a reimbursement agreement with 
 23.21  the commissioner before providing adoption services for which 
 23.22  reimbursement is sought.  No reimbursement under this 
 23.23  subdivision shall be made to an agency for services provided 
 23.24  prior to entering a reimbursement agreement.  Separate 
 23.25  reimbursement agreements shall be made for each child and 
 23.26  separate records shall be kept on each child for whom a 
 23.27  reimbursement agreement is made.  Funds encumbered and obligated 
 23.28  under such an agreement for the child remain available until the 
 23.29  terms of the agreement are fulfilled or the agreement is 
 23.30  terminated. 
 23.31     (c) When a local social services agency uses a purchase of 
 23.32  service agreement to provide services reimbursable under a 
 23.33  reimbursement agreement, the commissioner may make reimbursement 
 23.34  payments directly to the agency providing the service if direct 
 23.35  reimbursement is specified by the purchase of service agreement, 
 23.36  and if the request for reimbursement is submitted by the local 
 24.1   social services agency along with a verification that the 
 24.2   service was provided. 
 24.3      Sec. 21.  [259.78] [GRANDPARENT VISITATION.] 
 24.4      Grandparent visitation with an adopted child is governed by 
 24.5   section 257.022. 
 24.6      Sec. 22.  Minnesota Statutes 1996, section 259.79, 
 24.7   subdivision 3, is amended to read: 
 24.8      Subd. 3.  [RETENTION; RECORDS MADE PUBLIC.] All adoption 
 24.9   records shall be retained on a permanent basis under a protected 
 24.10  record system which ensures confidentiality and lasting 
 24.11  preservation.  All adoption records shall become public records 
 24.12  on the 75th anniversary of the granting of the adoption decree. 
 24.13     Sec. 23.  Minnesota Statutes 1996, section 259.83, 
 24.14  subdivision 3, is amended to read: 
 24.15     Subd. 3.  [IDENTIFYING INFORMATION.] In agency adoptive 
 24.16  placements made on and after August 1, 1982, the agency 
 24.17  responsible for or supervising the placement shall obtain from 
 24.18  the birth parents named on the original birth certificate an 
 24.19  affidavit attesting to the following:  
 24.20     (a) That the birth parent has been informed of the right of 
 24.21  the adopted person at the age specified in section 259.89 to 
 24.22  request from the agency the name, last known address, birthdate 
 24.23  and birthplace of the birth parents named on the adopted 
 24.24  person's original birth certificate; 
 24.25     (b) That each birth parent may file in the agency record an 
 24.26  affidavit objecting to the release of any or all of the 
 24.27  information listed in clause (a) about that birth parent, and 
 24.28  that parent only, to the adopted person; 
 24.29     (c) That if the birth parent does not file an affidavit 
 24.30  objecting to release of information before the adopted person 
 24.31  reaches the age specified in section 259.89, the agency will 
 24.32  provide the adopted person with the information upon request; 
 24.33     (d) That notwithstanding the filing of an affidavit, the 
 24.34  adopted person may petition the court pursuant according to 
 24.35  section 259.61 for release of identifying information about a 
 24.36  birth parent; 
 25.1      (e) That the birth parent shall then have the opportunity 
 25.2   to present evidence to the court that nondisclosure of 
 25.3   identifying information is of greater benefit to the birth 
 25.4   parent than disclosure to the adopted person; and 
 25.5      (f) That any objection filed by the birth parent shall 
 25.6   become invalid when withdrawn by the birth parent or when the 
 25.7   birth parent dies.  Upon receipt of a death certificate for the 
 25.8   birth parent, the agency shall release the identifying 
 25.9   information to the adopted person if requested.  
 25.10     Sec. 24.  Minnesota Statutes 1996, section 259.89, 
 25.11  subdivision 1, is amended to read: 
 25.12     Subdivision 1.  [REQUEST.] An adopted person who is 19 
 25.13  years of age or over may request the commissioner of health to 
 25.14  disclose the information on the adopted person's original birth 
 25.15  certificate.  Except in the case of a request described in 
 25.16  subdivision 1a, the commissioner of health shall, within five 
 25.17  days of receipt of the request, notify the commissioner of human 
 25.18  services in writing of the request by the adopted person.  
 25.19     Sec. 25.  Minnesota Statutes 1996, section 259.89, is 
 25.20  amended by adding a subdivision to read: 
 25.21     Subd. 1a.  [CERTAIN REQUESTS.] Notwithstanding any other 
 25.22  provisions of this chapter, the commissioner of health shall 
 25.23  disclose the information on the adopted person's original birth 
 25.24  certificate to any adopted person who was adopted before August 
 25.25  1, 1982, and who is 65 years of age or over, unless either 
 25.26  parent identified on the birth certificate has at any time filed 
 25.27  with the commissioner of health an unrevoked affidavit stating 
 25.28  that the information on the original birth certificate should 
 25.29  not be disclosed.  If such an affidavit has been filed, the 
 25.30  commissioner of health shall not disclose the information to the 
 25.31  adopted person until the affidavit is revoked by the filing of a 
 25.32  consent to disclosure by that parent. 
 25.33     Sec. 26.  Minnesota Statutes 1996, section 259.89, 
 25.34  subdivision 5, is amended to read: 
 25.35     Subd. 5.  [DEATH OF PARENT.] Notwithstanding the provisions 
 25.36  of subdivisions 1a, 3, and 4, if a parent named on the original 
 26.1   birth certificate of an adopted person has died, and at any time 
 26.2   prior to the death the parent has filed an unrevoked affidavit 
 26.3   with the commissioner of health stating that the information on 
 26.4   the original birth certificate should not be disclosed, the 
 26.5   adopted person may petition the court of original jurisdiction 
 26.6   of the adoption proceeding for disclosure of the original birth 
 26.7   certificate pursuant according to section 259.61.  The court 
 26.8   shall grant the petition if, after consideration of the 
 26.9   interests of all known persons involved, the court determines 
 26.10  that disclosure of the information would be of greater benefit 
 26.11  than nondisclosure.  
 26.12     Sec. 27.  [REPEALER.] 
 26.13     Minnesota Statutes 1996, section 259.47, subdivision 9, is 
 26.14  repealed.