| Minnesota Adoption Laws page #9 of 9 |
Minnesota
Who May Access Information
Citation: Ann. Stat. §§ 259.83; 259.89
Nonidentifying information may be provided to:
• The adopted person who is age 19 or older.
• The adoptive parent.
Identifying information may be provided to:
• The adopted person who is age 19 or older.
• The birth parents.
• Birth siblings if the birth parents give consent.
Access to Nonidentifying Information
Citation: Ann. Stat. § 259.83
For adoptions finalized on or after 8-1-1994, the adopted person, if age 19 years or older, or the adoptive parent may receive the detailed medical and social history that was provided at the time of the adoption. In addition, the adult adopted person or the adoptive parent may request the agency to contact the birth parents to request current nonidentifying social and medical history of the adopted person’s birth family. When the agency receives information about a medical or genetic condition that has affected or may affect the physical or mental health of genetically related persons, the agency shall make a diligent effort to contact those persons in order to transmit the health information.
Mutual Access to Identifying Information
Citation: Ann. Stat. §§ 259.83; 259.89
Agencies shall provide assistance and counseling services upon receiving a request for current information from adoptive parents, birth parents, or adopted persons aged 19 years and over. The agency shall contact the other adult persons or the adoptive parents of a minor child in a personal and confidential manner to determine whether there is a desire to share information or to have contact. The agency shall provide services to adult birth siblings if there is no known violation of the confidentiality of a birth parent or if the birth parent gives written consent. In adoptive placements made on and after 8-1-1982, the agency shall obtain from the birth parents an affidavit attesting to the following:
• The birth parent has been informed of the right of the adopted person at age 19 to request from the agency the name, last known address, birth date, and birthplace of the birth parents named on the original birth record.
• Each birth parent may file an affidavit objecting to the release of information about that birth parent, and that parent only, to the adopted person.
• If the birth parent does not file an affidavit objecting to release of information before the adopted person reaches age 19, the information will be released upon request.
• Notwithstanding the filing of an affidavit, the adopted person may petition the court for release of identifying information about a birth parent.
• The birth parent shall then have the opportunity to present evidence to the court that nondisclosure of identifying information is of greater benefit to the birth parent than disclosure to the adopted person.
• Any objection filed by the birth parent shall become invalid when withdrawn by the birth parent or when the birth parent dies. Upon receipt of a death record for the birth parent, the agency shall release the identifying information to the adopted person if requested.
Access to Original Birth Certificate
Citation: Ann. Stat. § 259.89
If the person was adopted prior to 8-1-1977, unless the birth parent has filed an affidavit for nondisclosure, the person may petition the court for disclosure of the original birth record, and the court shall grant the petition if, after consideration of the interests of all known persons involved, the court determines that disclosure of the information would be of greater benefit than nondisclosure. If the person was adopted on or after 8-1-1977, the commissioner of health shall release the requested information to the adopted person if there is no affidavit for nondisclosure on file.
Where the Information Can Be Located:
Adoption Archive, Minnesota Department of Human Services
Minnesota Vital Records Information
Minnesota Department of Human Services
Minnesota Department of Human Services Birth Records After an Adoption
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information
Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/infoaccessap.cfm.
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