SF4382

Purpose

The bill changes how adoption and birth records are handled in Minnesota. It aims to improve access to records for adoptive parents, adult adoptees (18 and older), and certain relatives, while clarifying procedures for recognizing foreign adoptions and issuing new birth records. It also tightens privacy rules for sensitive records and sets up what information can be shared with tribes for enrollment purposes.

Main Provisions

• Adoption records access and copying

  • The court administrator must provide certified copies of adoption-related documents to adoptive parents and to adult adoptees, once proper identification is shown.
  • The copy of the decree or order of adoption, or related birth-record documents, must be provided with proper identification.

• Release of original birth records to adoptees

  • An adopted person aged 18 or older, or a person related to the adopted person, can request a copy of the adopted person’s original birth record and evidence of the adoption.
  • Requests must be in writing; the copy may not be used for identification purposes.
  • The usual procedures (fees and waiting periods) for nonadopted people apply.
  • If a contact preference form is attached to the original birth record, the form must be provided with the copy.
  • A transcript of the original birth record can be given to an authorized representative of a federally recognized American Indian Tribe to determine eligibility for enrollment or membership.
  • A replacement birth record can be requested, including copies of the order/decree of adoption or certificate of adoption filed with the registrar.
  • The registrar can involve the commissioner of children, youth, and families if needed.

• New definitions

  • Adds a subdivision defining “adult adopted person” as a person 18 years or older who was adopted as a child under a decree described in the statute.

• Recognizing and recording foreign adoptions

  • For adoptions completed abroad that are valid in Minnesota, a district court can issue a decree confirming and recognizing the adoption, changing the child’s legal name if requested, and authorizing a new birth record to be issued.
  • Required documents for the petition include: the petition itself, the child’s original birth record (if available), a copy of the final adoption certificate or equivalent from the foreign jurisdiction, a copy of the child’s passport with the IR3 immigration status, and certified English translations of non-English documents.
  • After issuing the decree, the court forwards the decree to the health and human services departments and facilitates issuing the new birth record.
  • The court administrator must provide a certified copy of the decree and related documents to the adoptive parent or the adult adopted person with proper ID.

• Confidentiality and access to records

  • All hearings in these adoption proceedings are confidential and held in closed court, with limited exceptions for specific parties.
  • Court records are generally not open to inspection, except by the commissioner of children, youth, and families or as ordered by the court.
  • In stepparent adoptions, a written request can be used to confirm whether an adoption decree has been granted and the date of the decree.

Significant Changes to Law

• Expands access to original birth records for adult adoptees and certain relatives, with privacy safeguards and identifying-information protections.
• Creates a formal process to recognize foreign adoptions and issue new birth records reflecting the adoption and any name changes.
• Defines “adult adopted person” and integrates this definition into records accessibility and procedures.
• Allows sharing of certain birth-record information with federally recognized American Indian Tribes for enrollment purposes.
• Reinforces confidentiality of adoption hearings and records, while still permitting limited, lawful disclosures to specified parties.

Implementation and Administrative Roles

• State registrar: Responsible for issuing copies of birth records and related documents to eligible individuals; ensuring records reflect adopted names when applicable; maintaining privacy restrictions.
• District courts: Handle petitions to recognize foreign adoptions and issue decrees; determine name changes and birth-record updates where applicable.
• Health and human services departments: Receive decrees and related documents from courts in foreign-adoption recognitions.
• Commissioner of health and commissioners of CYF: May receive copies or provide assistance as needed in the handling of records.

Potential Impacts

• Greater transparency and accessibility of adoption records for individuals who were adopted, potentially aiding personal identity, genealogical research, and access to enrollment in tribes if applicable.
• Increased use of official processes to record foreign-adoption events and update birth records accordingly.
• Continued protection of birth-family privacy, with specific exceptions for adoptees, relatives, and tribal enrollment purposes.

Relevant Terms - adoption records - birth record - original birth record - certificate of adoption - decree of adoption - foreign adoption (adoption of a child born in another country) - new birth record - adult adopted person - 18 years or older - state registrar - district court - petition - final adoption certificate - foreign jurisdiction - IR3 immigration status - American Indian Tribe / enrollment - contact preference form - confidentiality / confidential hearings - health commissioner - commissioner of health - commissioner of children, youth and families (CYF) - private data - not evidence of United States citizenship - certified copies - proper identification - replacement birth record - Records access fees and waiting periods - translations (certified English translations)