| Minn. Stat. § 259.52
Minnesota
Statutes
Public Welfare and Related Activities
Chapter
259. Change of Name, Adoption
Adoption
259.52. Fathers' adoption
registry
Subdivision
1. Establishment of registry; purpose; fees.
(a) The commissioner of health shall establish a fathers' adoption registry
for the purpose of determining the identity and location of a putative
father interested in a minor child who is, or is expected to be, the subject
of an adoption proceeding, in order to provide notice of the adoption
proceeding to the putative father who is not otherwise entitled to notice
under section 259.49, subdivision 1, paragraph (a) or (b), clauses (1)
to (7). The commissioner of health may establish informational material
and public service announcements necessary to implement this section.
Any limitation on a putative father's right to assert an interest in the
child as provided in this section applies only in adoption proceedings
and only to those putative fathers not entitled to notice and consent
under sections 259.24 and 259.49, subdivision
1, paragraph (a) or (b), clauses (1) to (7). The commissioner of health
has no independent obligation to gather or update the information to be
maintained on the registry. It is the registrant's responsibility to update
his personal information on the registry.
(b)
The fathers' adoption registry must contain the following information:
(1)
with respect to the putative father, the:
(i)
name, including any other names by which the putative father may be known
and that he may provide to the registry;
(ii)
address at which he may be served with notice of a petition under this
chapter, including any change of address;
(iii)
social security number, if known;
(iv)
date of birth; and
(v)
if applicable, a certified copy of an order by a court of another state
or territory of the United States adjudicating the putative father to
be the father of this child;
(2)
with respect to the mother of the child:
(i)
name, including all other names known to the putative father by which
the mother may be known;
(ii)
if known to the putative father, her last address;
(iii)
social security number, if known; and
(iv)
date of birth;
(3)
if known to the putative father, the name, gender, place of birth, and
date of birth or anticipated date of birth of the child;
(4)
the date that the commissioner of health received the putative father's
registration, which is the date the registration is postmarked or the
date it was delivered by means other than mail to the address on the registration
form; and
(5)
other information the commissioner of health determines by rule to be
necessary for the orderly administration of the registry.
(c)
The commissioner of health shall notify the mother of the child whenever
a putative father has registered with the father's adoption registry under
this section. Notice shall be sent to the name and address submitted by
the putative father under paragraph (b), clause (2). If no current address
for the mother is submitted by the putative father under paragraph (b),
clause (2), the commissioner of health shall not notify the mother. The
commissioner of health has no independent obligation to locate the mother.
The notice shall be mailed within 14 days of the date that the commissioner
received the putative father's adoption registration unless a search has
been requested under subdivision 2. There shall be no charge to the birth
mother for this notice.
(d)
The commissioner of health shall set reasonable fees for the use of the
registry; however, a putative father shall not be charged a fee for registering.
Revenues generated by the fee must be deposited in the state government
special revenue fund and appropriated to the commissioner of health to
administer the fathers' adoption registry.
Subd.
2. Requirement to search registry before adoption petition can be granted;
proof of search.
No petition for adoption may be granted unless the agency supervising
the adoptive placement, the birth mother of the child, or, in the case
of a stepparent or relative adoption, the county agency responsible for
the report required under section 259.53, subdivision 1, requests that
the commissioner of health search the registry to determine whether a
putative father is registered in relation to a child who is or may be
the subject of an adoption petition. The search required by this subdivision
must be conducted no sooner than 31 days following the birth of the child.
A search of the registry may be proven by the production of a certified
copy of the registration form or by a certified statement of the commissioner
of health that after a search no registration of a putative father in
relation to a child who is or may be the subject of an adoption petition
could be located. Certification that the fathers' adoption registry has
been searched must be filed with the court prior to entry of any final
order of adoption. In addition to the search required by this subdivision,
the agency supervising the adoptive placement, the birth mother of the
child, or, in the case of a stepparent or relative adoption, the county
agency responsible for the report under section 259.53, subdivision 1,
may request that the commissioner of health search the registry at any
time.
Subd.
3. Search of registry for child support enforcement purposes.
A public authority responsible for child support enforcement that is attempting
to establish a child support obligation may request that the commissioner
of health search the registry to determine whether a putative father is
registered in relation to a child who is or may be the subject of a child
support obligation. A search of the registry may be proven by the production
of a certified copy of the registration form or by a certified statement
of the commissioner of health that after a search, no registration of
a putative father in relation to the child could be located. No fee may
be charged to the public authority for use of the registry.
Subd.
4. Classification of registry data.
Data in the fathers' adoption registry, including all data provided in
requesting the search of the registry, are private data on individuals,
as defined in section 13.02, subdivision 2, and are nonpublic data with
respect to data not on individuals, as defined in section 13.02, subdivision
9. Data in the registry may be released to:
(1)
a person who is required to search the registry under subdivision 2, if
the data relate to the child who is or may be the subject of the adoption
petition;
(2)
the mother of the child listed on the putative father's registration form
who the commissioner of health is required to notify under subdivision
1, paragraph (c);
(3)
a public authority as provided in subdivision 3; or
(4)
an attorney who has signed an affidavit from the commissioner of health
attesting that the attorney represents the birth mother or the prospective
adoptive parents.
A person who receives
data under this subdivision may use the data only for purposes authorized
under this section or other law.
Subd.
5. Criminal penalty for registering false information.
A person who knowingly or intentionally registers false information under
this section is guilty of a misdemeanor.
Subd.
6. Who may register.
Any putative father may register with the fathers' adoption registry.
However, any limitation on a putative father's right to assert an interest
in the child as provided in this section applies only in adoption proceedings
and only to those putative fathers not entitled to notice and consent
under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b),
clauses (1) to (7).
Subd.
7. When and how to register.
A putative father may register with the department of health before the
birth of the child but must register no later than 30 days after the birth
of the child. Registrations must be in writing and signed by the putative
father. A registration is timely if the date the registration is postmarked
or the date it was delivered by means other than mail
to the address specified on the registration form is not later than 30
days after the birth of the child.
Subd.
8. Failure to register.
Except for a putative father who is entitled to notice and consent under
sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses
(1) to (7), a putative father who fails to timely register with the fathers'
adoption registry under subdivision 7:
(1)
is barred thereafter from bringing or maintaining an action to assert
any interest in the child during the pending adoption proceeding concerning
the child;
(2)
is considered to have waived and surrendered any right to notice of any
hearing in any judicial proceeding for adoption of the child, and consent
of that person to the adoption of the child is not required; and
(3)
is considered to have abandoned the child.
Failure to register under
subdivision 7 is prima facie evidence of sufficient grounds to support
termination of the putative father's parental rights under section 260C.301,
subdivision 1.
A putative father who
has not timely registered under subdivision 7 is considered to have timely
registered if he proves by clear and convincing evidence that:
(i)
it was not possible for him to register within the period of time specified
in subdivision 7;
(ii)
his failure to register was through no fault of his own; and
(iii)
he registered within ten days after it became possible for him to file.
A lack of knowledge of
the pregnancy or birth is not an acceptable reason for failure to register.
Subd.
9. Notice and service for those on fathers' adoption registry who are
not otherwise entitled to notice.
Any time after conception, an interested party, including persons intending
to adopt a child, a child welfare agency with whom the mother has placed
or has given written notice of her intention to place a child for adoption,
the mother of a child, or any attorney representing an interested party,
may serve by certified mail a notice to registered putative father, an
intent to claim parental rights form, a denial of paternity form, and
a consent to adoption form pursuant to subdivision 11. These documents
may be served on a putative father in the same manner as a summons is
served in other civil proceedings, or, in lieu of personal service, service
may be made as follows:
(a)
The interested party or that party's attorney shall mail to the putative
father, at the address provided to the registry, the copy of the notice
to registered putative father, the intent to claim parental rights form,
the denial of paternity form, and the consent to adoption form by certified
mail, return receipt requested, and shall provide notice of the jurisdiction
in which the adoption petition will be filed. The receipt for certified
mail must state the name and address of the addressee and the date of
mailing and must be attached to the original notice.
(b)
The return receipt, when filed with the court, must be attached to the
original notice to registered putative father, the intent to claim parental
rights form, the denial of paternity form, and the consent to adoption
form and constitutes proof of service.
(c)
The court administrator shall note the fact of service in a permanent
record.
Subd.
10. Response to notice to registered putative father; limitation of rights
for failure to respond and upon filing of denial of paternity.
Within 30 days of receipt of the notice to registered putative father,
the intent to claim parental rights form, the denial of paternity form,
and the consent to adoption form, the putative father must file a completed
intent to claim parental rights form with the court administrator in the
county in which the adoption petition will be filed as provided by the
petitioner, stating that he intends to initiate a paternity action within
30 days of receipt of the notice to registered putative father in order
to preserve the right to maintain an interest in the child and receive
notice during the pending adoption proceeding. Failure to initiate a paternity
action within 30 days of receipt of the notice to registered putative
father does not act as a bar to receiving notice under section 259.49.
If good cause is shown, the putative father must be allowed more time
to initiate the paternity action. A putative father who files a completed
denial of paternity form and consent to adoption form or who fails to
timely file an intent to claim parental rights form with the court:
(1)
is barred from later bringing or maintaining an action to assert any interest
in the child during the pending adoption proceeding concerning the child;
(2)
is considered to have waived and surrendered a right to notice of a hearing
in any judicial proceeding for adoption of the child, and consent of that
person to the adoption of the child is not required; and
(3)
is considered to have abandoned the child.
Failure to register is
prima facie evidence of sufficient grounds to support termination of the
putative father's parental rights.
Subd.
11. Forms.
The office of the state court administrator shall develop the following
forms:
(1)
notice to registered putative father;
(2)
intent to claim parental rights;
(3)
denial of paternity;
(4)
consent to adoption; and
(5)
notice to registered putative father of the county in which the adoption
petition will be filed.
Subd.
12. Right to counsel at public expense.
Upon proof of indigency, a putative father who has registered with the
fathers' adoption registry, has received a notice to registered putative
father, and has timely filed an intent to claim paternal rights form with
the court administrator, must have counsel appointed
at public expense.
Subd.
13. Applicability of Indian Child Welfare Act.
In an action involving an American Indian child, sections 260.751 to 260.835,
and the Indian Child Welfare Act, United States Code, title 25, sections
1901 to 1923, control to the extent that the provisions of this section
are inconsistent with those laws. The public acts, records, and judicial
proceedings of any Indian tribe that provide an acknowledgment of paternity
or that establish paternity pursuant to tribal law or custom shall be
given full faith and credit as provided in United States Code, title 25,
section 1911(d). Nothing in this section defeats the right of an Indian
father who has acknowledged or established his paternity pursuant to tribal
law or custom to commence a paternity proceeding, except that no father
may file a paternity proceeding after the entry of a final decree of adoption.
Subd.
14. Fees for fathers' adoption registry.
The district court administrator in every judicial district shall, in
addition to any other filing fees, assess a $75 adoption filing fee surcharge
on each adoption petition filed
in the district court for the purpose of implementing and maintaining
the fathers' adoption registry. The court administrator shall forward
fees collected under this subdivision to the commissioner of finance for
deposit into the state government special revenue fund to be appropriated
to the commissioner of health to administer the fathers' adoption registry
established under this section.
Subd.
15. International adoptions.
This section does not apply to international adoptions.
CREDIT(S)
Laws 1997, c. 218, §
9. Amended by Laws 1998, c. 354, §§ 1 to 7, eff. April 4, 1998;
Laws 1998, c. 382, art. 2, §§ 4 to 14, eff. April 21, 1998;
Laws 1999, c. 122, §§ 1 to 6; Laws 1999, c. 139, art. 4, §
2.
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