A bill for an act
relating to adoption; modifying provisions governing adult adoptee access to their
own original birth records and other adoption-related information; amending
Minnesota Statutes 2022, sections 13.10, subdivision 5; 13.465, subdivision 8;
144.218, subdivisions 1, 2; 144.225, subdivision 2; 144.2252; 259.83, subdivisions
1, 1a, 1b, by adding a subdivision; 260C.317, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2022,
sections 144.212, subdivision 11; 259.83, subdivision 3; 259.89; 260C.637.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 13.10, subdivision 5, is amended to read:
Minnesota Statutes 2022, section 13.465, subdivision 8, is amended to read:
Various adoption records are classified under section 259.53,
subdivision 1. Access to the original birth record of a person who has been adopted is
governed by section deleted text begin 259.89deleted text end new text begin 144.2252new text end .
Minnesota Statutes 2022, section 144.218, subdivision 1, is amended to read:
Upon receipt of a certified copy of an order, decree, or
certificate of adoption, the state registrar shall register a replacement vital record in the new
name of the adopted person. The original record of birth is deleted text begin confidentialdeleted text end new text begin privatenew text end pursuant to
section 13.02, subdivision deleted text begin 3deleted text end new text begin 12new text end , and shall not be disclosed except pursuant to court order
or section 144.2252. The information contained on the original birth record, except for the
registration number, shall be provided on request to a parent who is named on the original
birth record. Upon the receipt of a certified copy of a court order of annulment of adoption
the state registrar shall restore the original vital record to its original place in the file.
Minnesota Statutes 2022, section 144.218, subdivision 2, is amended to read:
In proceedings for the adoption of a person who
was born in a foreign country, the court, upon evidence presented by the commissioner of
human services from information secured at the port of entry or upon evidence from other
reliable sources, may make findings of fact as to the date and place of birth and parentage.
Upon receipt of certified copies of the court findings and the order or decree of adoption,
a certificate of adoption, or a certified copy of a decree issued under section 259.60, the
state registrar shall register a birth record in the new name of the adopted person. The
certified copies of the court findings and the order or decree of adoption, certificate of
adoption, or decree issued under section 259.60 are deleted text begin confidentialdeleted text end new text begin private datanew text end , pursuant to
section 13.02, subdivision deleted text begin 3deleted text end new text begin 12new text end , and shall not be disclosed except pursuant to court order
or section 144.2252. The birth record shall state the place of birth as specifically as possible
and that the vital record is not evidence of United States citizenship.
Minnesota Statutes 2022, section 144.225, subdivision 2, is amended to read:
(a) Except as otherwise provided in this subdivision, data
pertaining to the birth of a child to a woman who was not married to the child's father when
the child was conceived nor when the child was born, including the original record of birth
and the certified vital record, are confidential data. At the time of the birth of a child to a
woman who was not married to the child's father when the child was conceived nor when
the child was born, the mother may designate demographic data pertaining to the birth as
public. Notwithstanding the designation of the data as confidential, it may be disclosed:
(1) to a parent or guardian of the child;
(2) to the child when the child is 16 years of age or older, except as provided in clause
(3);
(3) to the child if the child is a homeless youth;
(4) under paragraph (b), (e), or (f); or
(5) pursuant to a court order. For purposes of this section, a subpoena does not constitute
a court order.
(b) deleted text begin Unless the child is adopted,deleted text end data pertaining to the birth of a child that are not accessible
to the public become public data if 100 years have elapsed since the birth of the child who
is the subject of the data, or as provided under section 13.10, whichever occurs first.
(c) If a child is adopted, data pertaining to the child's birth are governed by the provisions
relating to adoption new text begin and birth new text end records, including sections 13.10, subdivision 5; 144.218,
subdivision 1; new text begin and new text end 144.2252deleted text begin ; and 259.89deleted text end .
(d) The name and address of a mother under paragraph (a) and the child's date of birth
may be disclosed to the county social services, tribal health department, or public health
member of a family services collaborative for purposes of providing services under section
124D.23.
(e) The commissioner of human services shall have access to birth records for:
(1) the purposes of administering medical assistance and the MinnesotaCare program;
(2) child support enforcement purposes; and
(3) other public health purposes as determined by the commissioner of health.
(f) Tribal child support programs shall have access to birth records for child support
enforcement purposes.
Minnesota Statutes 2022, section 144.2252, is amended to read:
(a) deleted text begin Whenever an adopted person requests the state registrar
to disclose the information on the adopted person's original birth record, the state registrar
shall act according to section 259.89.deleted text end new text begin For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Person related to the adopted person" means:
new text end
new text begin
(1) the spouse, child, or grandchild of an adopted person, if the spouse, child, or
grandchild is at least 18 years of age; or
new text end
new text begin
(2) the legal representative of an adopted person.
new text end
new text begin
The definition under this paragraph only applies when the adopted person is deceased.
new text end
new text begin
(c) "Original birth record" means a copy of the original birth record for a person who is
born in Minnesota and whose original birth record was sealed and replaced by a replacement
birth record after the state registrar received a certified copy of an order, decree, or certificate
of adoption.
new text end
new text begin
(a) The state registrar must provide to an
adopted person who is 18 years of age or older or a person related to the adopted person a
copy of the adopted person's original birth record and any evidence of the adoption previously
filed with the state registrar. To receive a copy of an original birth record under this
subdivision, the adopted person or person related to the adopted person must make the
request to the state registrar in writing. The copy of the original birth record must clearly
indicate that it may not be used for identification purposes. All procedures, fees, and waiting
periods applicable to a nonadopted person's request for a copy of a birth record apply in the
same manner as requests made under this section.
new text end
new text begin
(b) If a contact preference form is attached to the original birth record as authorized
under section 144.2253, the state registrar must provide a copy of the contact preference
form along with the copy of the adopted person's original birth record.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The state registrar shall provide a transcript of an adopted person's original birth
record to an authorized representative of a federally recognized American Indian tribe for
the sole purpose of determining the adopted person's eligibility for enrollment or membership.
Information contained in the birth record may not be used to provide the adopted person
information about the person's birth parents, except as provided in this section or section
259.83.
new text begin
(d) For a replacement birth record issued under section 144.218, subdivision 2, the
adopted person or a person related to the adopted person may obtain from the state registrar
certified copies of the order or decree of adoption, certificate of adoption, or decree issued
under section 259.60, as filed with the state registrar.
new text end