Minnesota's Adoption Laws

• Adoption Records
• Consent To Adoption
• Parties To An Adoption
• Birth Father Statutes
• Adoption Expenses
• International Expenses
• General Adoption Statutes

Adoption Records

Minnesota

Statute: § 626.556, Subd. 7, 11(a), 11b, 11c(a), 11d(b)

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Law Enforcement

• Attorneys General/Prosecutors

• Coroners

• Subject of Reports

• Public/Any Person

Persons without access to records

• Agencies From Other States

• Courts/Judges

• Grand Juries

• Attorneys, GAL's

• Physicians

• Reporters of Abuse

• Researchers

• Employers

• Parents/Guardians

• Review Teams

• Treatment Providers

Other Public disclosure of child fatality or near fatality cases

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

The consent may be signed 72 hours after the birth of the child. If the birth mother is a minor, notice of the adoption must be given to her parents. If the birth mother has not received any counseling concerning her decision to place her child or adoption, the consent must be witnessed by a judge.

Pre-consents are not allowed in the state of Minnesota.

Revocation Time Frame in Minnesota

The birth mother has 10 working days from the execution of the consent to revoke it. The birth mother can provide in writing to the agency/attorney her desire to revoke her consent. It is 10 working days, so it is actually 14 days to revoke.

Parties to an Adoption

Minnesota

• Any person

• Resident of the State 1 year or more

Any child or adult

• Commissioner of Human Services

• A licensed child-placing agency

Direct placement by a parent or guardian must be approved by the court.

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

Adoption Expenses

Minnesota

1. • Reasonable counseling, medical, and legal fees, which shall be paid directly to the provider of the service
2. • Reasonable expenses for transportation, meals, and lodging incurred for placement of the child or to access permitted services
3. • Adoption services provided by an agency, that must be paid directly to the agency
4. • Reasonable living expenses due to loss of income resulting from the pregnancy

1. • Payments for living expenses shall not extend beyond 6 weeks after delivery, unless the court determines that the mother is unable to work due to physical limitations relating to the birth.
2. • 'Reasonable living expenses' does not include lost wages, gifts, educational expenses, or other similar expenses.

Allowable Payments for Arranging Adoption Statute: § 259.55 Subd. 3(b) 

A person may not give money or anything of value to the birth parent if the person is engaged or has engaged in any placement activity.

Allowable Payments for Relinquishing Child Statute: § 259.55 Subd. 2, 3

1. • Reimbursement for payments for expenses is not allowed when a birth parent refuses to consent or withdraws consent to the adoption.
2. • It is unlawful to give or accept payment for the placement of a child for adoption.
3. • Payment shall not be contingent upon placement, consent, or cooperation in the completion of an adoption.

Allowable Fees Charged by Department/Agency Statute: § 317A.907 Subd. 6

1. • A licensed agency may receive payment for:
1. o Expenses related to adoptive counseling
2. o Provision of services before placement
3. o Supervision of children before legal adoption is complete
4. o Birth parent expenses
2. • Only that part of the expenses that the adoptive parent is financially able to meet may be requested.
3. • An agency may only require payment of fees in stages, as services are performed.

Accounting of Expenses Required by Court The statutes do not specifically require an accounting of expenses.

© This information is from the National Adoption Information Clearinghouse.

International Expenses

General Adoption Statutes

Minnesota

1. • Licensed child placement agency
2. • Minnesota Federally recognized Tribe

1. • Genetic, medical, and social history
2. • The environs and antecedents of the child
3. • The health and well being of the child in the home, post-placement
4. • Level of child's culture in new home

Contents of Report About Birth Parents Statute: § 259.43 Social and medical history

1. • Criminal background check
2. • Medical and social history
3. • Current health
4. • Assessment of parenting skills
5. • Ability to provide financial support
6. • Knowledge of adoption issues

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.