Minnesota Adoption
Minnesota permits the following types of adoptions in addition to public adoptions:
| Adoption Type |
Yes/No |
| Private Agency |
Yes |
| Private Attorney |
No |
| Independent |
Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
Minnesota Statutes, section, 245A.03, Subdivision 1: WHO MUST BE LICENSED. License required.
Unless licensed by the commissioner, an individual, corporation, partnership, voluntary association, other organization, or controlling individual must not:
-
operate a residential or a nonresidential program;
-
receive a child or adult for care, supervision, or placement in foster care or adoption;
-
help plan the placement of a child or adult in foster care or adoption or engage in placement activities as defined in section 259.21, subdivision 9, in this state, whether or not the adoption occurs in this state. . . .
Minnesota Statutes, section 259.21, subdivision 9, DEFINITIONS: Subd. 9.Placement activities.
"Placement activities" means any of the following:
-
placement;
-
arranging or providing short-term foster care pending an adoptive placement;
-
facilitating placement by maintaining a list in any form of birth parents or prospective adoptive parents;
-
collecting health and social histories of a birth family;
-
conducting an adoption study;
-
witnessing consents to an adoption; or
-
engaging in any activity listed in clauses (1) to (6) for purposes of fulfilling any requirements of the interstate compact on the placement of children.
Public
Public Adoptive Placement-Requirements:
100A
Adam Walsh Clearances specific to adoption
Adoptive Home Study
Medical Records
*Copies of hospital records (birth and discharge information)
*Any other relevant medical records
Birth Parent Social /Medical History
*Plan specifically addresses placement in requested home (and the potential services needed for the child)
CONSENTS OR TPR
Indian Child Welfare Act (ICWA) ____ yes ____ no
*If yes, was the Tribe or Bureau of Indian Affairs notified
*Copy of the notification included
*Membership determination been made by Tribe
*Copy of the Tribe’s response attached
Adoption Assistance
Adoption assistance payments begin:
- After the adoption is finalized
Sending State Adoption Subsidy Payments (Guidelines):
Special Needs
Minnesota definition of "Special Needs":
Finalization
Adoption may be finalized in another state:
Before finalization can occur in Minnesota, child must be in adoptive placement:
Minnesota Statutes, Section 259.53, subdivision 5. Petition; Investigations; Reports: Residence and investigation waived; stepparent. The investigation and period of residence required by this section may be waived by the court when the petition for adoption is submitted by a stepparent or when, upon good cause being shown, the court is satisfied that the proposed adoptive home and the child are suited to each other, but in either event at least ten working days’ notice of the hearing shall be given to the local social services agency by certified mail. The reports of investigations shall be a part of the court files in the case, unless otherwise ordered by the court.
Statutory code/cite for Adoption Petition:
Court Jurisdiction for Adoption Cases:
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies:
