SF4353

Purpose

• Establishes an exception to current parentage rules so that an intended parent who is not biologically related to the child and did not give birth to the child cannot be legally considered a parent unless they complete an adoption.

Main Provisions

• Adds a new provision (EXCEPTION ADOPTION REQUIRED) to Minnesota law (section 257E.28) that states:
  • Notwithstanding sections 257E.15 to 257E.27, an intended parent who is not biologically related to the child and did not give birth to the child is not a parent of the child.
  • The intended parent must not be adjudicated as the parent unless they adopt the child under Minnesota Statutes chapter 259.
• The language makes adoption under chapter 259 the required path for the intended parent to gain legal parental status.

Significant Changes to Existing Law

• Replaces automatic or presumed parental status for non-biological, non-birth intended parents with a mandatory adoption requirement.
• Introduces a formal adoption process (under chapter 259) as the gatekeeper to parental rights for these intended parents.
• Applies even when the intended parent was involved but is not biologically related and did not give birth.

Terminology and Definitions

• Key terms from the bill:
  • intended parent
  • not biologically related
  • does not give birth
  • not be adjudicated as the parent
  • adopt the child
  • pursuant to chapter 259
  • Notwithstanding
  • Minnesota Statutes chapter 257E
  • EXCEPTION ADOPTION REQUIRED
• Related concepts to note:
  • The bill references existing sections 257E.15 to 257E.27 as the baseline from which this exception departs.

Relevant Terms - intended parent - not biologically related - does not give birth - adopt the child - adjudicated as the parent - chapter 259 - Notwithstanding - Minnesota Statutes chapter 257E - EXCEPTION ADOPTION REQUIRED - 257E.15 to 257E.27