Bill Text: MN SF1925 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Adoption records and original birth certificate access provisions modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-16 - Referred to Judiciary and Public Safety [SF1925 Detail]
Download: Minnesota-2011-SF1925-Introduced.html
1.2relating to adoption; modifying provisions governing access to adoption records
1.3and original birth certificates;amending Minnesota Statutes 2010, sections
1.413.465, subdivision 8; 144.218, subdivision 1; 144.225, subdivision 2; 144.2252;
1.5144.226, subdivision 1; 259.89, subdivision 1; 260C.317, subdivision 4;
1.6proposing coding for new law in Minnesota Statutes, chapter 144; repealing
1.7Minnesota Statutes 2010, sections 259.83, subdivision 3; 259.89, subdivisions 2,
1.83, 4.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 13.465, subdivision 8, is amended to read:
1.11 Subd. 8. Adoption records. Various adoption records are classified under section
1.12259.53, subdivision 1
. Access to the original birth record of a person who has been
1.13adopted is governed by section259.89
1.14 Sec. 2. Minnesota Statutes 2010, section 144.218, subdivision 1, is amended to read:
1.15 Subdivision 1. Adoption. (a) Upon receipt of a certified copy of an order, decree,
1.16or certificate of adoption, the state registrar shall register a replacement vital record in
1.17the new name of the adopted person. Except as provided in paragraph (b), the original
1.18record of birth isconfidential pursuant to private data on individuals, as defined in section
1.1913.02, subdivision 3
12, and shall not be disclosed except pursuant to court order or
1.20section144.2252 or 144.2253.
1.21(b) The information contained on the original birth record, except for the registration
1.22number, shall be provided on request to: (1) a parent who is named on the original birth
1.23record; or (2) the adopted person who is the subject of the record if the person is at least
1.2419 years of age, unless there is an affidavit of nondisclosure on file with the state registrar.
2.1Upon the receipt of a certified copy of a court order of annulment of adoption the state
2.2registrar shall restore the original vital record to its original place in the file.
2.3 Sec. 3. Minnesota Statutes 2010, section 144.225, subdivision 2, is amended to read:
2.4 Subd. 2. Data about births. (a) Except as otherwise provided in this subdivision,
2.5data pertaining to the birth of a child to a woman who was not married to the child's father
2.6when the child was conceived nor when the child was born, including the original record
2.7of birth and the certified vital record, are confidential data. At the time of the birth of a
2.8child to a woman who was not married to the child's father when the child was conceived
2.9nor when the child was born, the mother may designate demographic data pertaining to
2.10the birth as public. Notwithstanding the designation of the data as confidential, it may
2.11be disclosed:
2.12(1) to a parent or guardian of the child;
2.13(2) to the child when the child is 16 years of age or older;
2.14(3) under paragraph (b) or (e); or
2.15(4) pursuant to a court order. For purposes of this section, a subpoena does not
2.16constitute a court order.
2.17(b) Unless the child is adopted, data pertaining to the birth of a child that are not
2.18accessible to the public become public data if 100 years have elapsed since the birth of
2.19the child who is the subject of the data, or as provided under section13.10 , whichever
2.20occurs first.
2.21(c) If a child is adopted, data pertaining to the child's birth are governed by the
2.22provisions relating to adoption records, including sections13.10, subdivision 5 ;
144.218,
2.23subdivision 1 ;
144.2252 ; 144.2253; and
259.89 .
2.24(d) The name and address of a mother under paragraph (a) and the child's date of
2.25birth may be disclosed to the county social services or public health member of a family
2.26services collaborative for purposes of providing services under section124D.23 .
2.27(e) The commissioner of human services shall have access to birth records for:
2.28(1) the purposes of administering medical assistance, general assistance medical
2.29care, and the MinnesotaCare program;
2.30(2) child support enforcement purposes; and
2.31(3) other public health purposes as determined by the commissioner of health.
2.32 Sec. 4. Minnesota Statutes 2010, section 144.2252, is amended to read:
2.33144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION.
3.1(a) Whenever an adopted person requests the state registrar to disclose the
3.2information on the adopted person's original birth record, the state registrar shall act
3.3according to section259.89
3.4(b) The state registrar shall provide a transcript of an adopted person's original birth
3.5record to an authorized representative of a federally recognized American Indian tribe
3.6for the sole purpose of determining the adopted person's eligibility for enrollment or
3.7membership. Information contained in the birth record may not be used to provide the
3.8adopted person information about the person's birth parents, except as provided in this
3.9section or section259.83
3.10 Sec. 5. [144.2253] ACCESS TO ORIGINAL BIRTH RECORDS BY ADOPTED
3.11PERSON; DEPARTMENT DUTIES.
3.12 Subdivision 1. Affidavits. The commissioner shall prepare affidavit of disclosure
3.13and nondisclosure forms under which a birth parent may agree to or object to the release
3.14of the original birth record to the adopted person. The commissioner shall make the forms
3.15readily accessible to birth parents on the department's Web site.
3.16 Subd. 2. Disclosure. Upon request, the state registrar shall provide a noncertified
3.17copy of the original birth record to an adopted person age 19 or older, unless there is
3.18an affidavit of nondisclosure on file. The state registrar must comply with the terms of
3.19affidavits of disclosure or affidavits of nondisclosure.
3.20 Subd. 3. Rescission of affidavit. A birth parent may rescind an affidavit of
3.21disclosure or an affidavit of nondisclosure at any time.
3.22 Subd. 4. Affidavit of nondisclosure; access to birth record. If an affidavit of
3.23nondisclosure is on file with the registrar, an adopted person age 19 or older may petition
3.24the appropriate court for disclosure of the original birth record pursuant to section 259.61.
3.25The court shall grant the petition if, after consideration of the interests of all known
3.26persons affected by the petition, the court determines that the benefits of disclosure of the
3.27information are greater than the benefits of nondisclosure.
3.28 Subd. 5. Information provided. (a) The commissioner shall, in consultation
3.29with adoption agencies and adoption advocates, provide information and educational
3.30materials to adopted persons and birth parents about their rights to access birth records.
3.31For purposes of this subdivision, an adoption advocate is a nonprofit organization that
3.32works with adoption issues in this state.
3.33 (b) The commissioner shall include a notice on the department Web site about
3.34the rights of adopted persons and birth parents to access birth records and shall direct
3.35individuals to private agencies and advocates for postadoption resources.
4.1 (c) Adoption agencies may charge a fee for counseling and support services provided
4.2to adopted persons and birth parents.
4.3 Sec. 6. Minnesota Statutes 2010, section 144.226, subdivision 1, is amended to read:
4.4 Subdivision 1. Which services are for fee. The fees for the following services shall
4.5be the following or an amount prescribed by rule of the commissioner:
4.6(a) The fee for the issuance of a certified vital record or a certification that the vital
4.7record cannot be found is $9. No fee shall be charged for a certified birth, stillbirth, or
4.8death record that is reissued within one year of the original issue, if an amendment is
4.9made to the vital record and if the previously issued vital record is surrendered. The
4.10fee is nonrefundable.
4.11(b) The fee for processing a request for the replacement of a birth record for
4.12all events, except when filing a recognition of parentage pursuant to section257.73,
4.13subdivision 1 , is $40. The fee is payable at the time of application and is nonrefundable.
4.14(c) The fee for processing a request for the filing of a delayed registration of
4.15birth, stillbirth, or death is $40. The fee is payable at the time of application and is
4.16nonrefundable. This fee includes one subsequent review of the request if the request
4.17is not acceptable upon the initial receipt.
4.18(d) The fee for processing a request for the amendment of any vital record when
4.19requested more than 45 days after the filing of the vital record is $40. No fee shall be
4.20charged for an amendment requested within 45 days after the filing of the vital record.
4.21The fee is payable at the time of application and is nonrefundable. This fee includes one
4.22subsequent review of the request if the request is not acceptable upon the initial receipt.
4.23(e) The fee for processing a request for the verification of information from vital
4.24records is $9 when the applicant furnishes the specific information to locate the vital
4.25record. When the applicant does not furnish specific information, the fee is $20 per hour
4.26for staff time expended. Specific information includes the correct date of the event and
4.27the correct name of the registrant. Fees charged shall approximate the costs incurred in
4.28searching and copying the vital records. The fee is payable at the time of application
4.29and is nonrefundable.
4.30(f) The fee for processing a request for the issuance of a copy of any document on
4.31file pertaining to a vital record or statement that a related document cannot be found is $9.
4.32The fee is payable at the time of application and is nonrefundable.
4.33(g) The commissioner shall charge a fee of $40 for noncertified copies of birth
4.34records provided to adopted persons age 19 or older to cover the cost of providing the birth
5.1record and any costs associated with the distribution of information to adopted persons
5.2and birth parents required under section 144.2253, subdivision 5.
5.3 Sec. 7. Minnesota Statutes 2010, section 259.89, subdivision 1, is amended to read:
5.4 Subdivision 1. Request. An adopted person who is 19 years of age or over may
5.5request the commissioner of health to disclose the information on the adopted person's
5.6original birth record.The commissioner of health shall, within five days of receipt of
5.7the request, notify the commissioner of human services' agent or licensed child-placing
5.8agency when known, or the commissioner of human services when the agency is not
5.9known in writing of the request by the adopted person.
5.10 Sec. 8. Minnesota Statutes 2010, section 260C.317, subdivision 4, is amended to read:
5.11 Subd. 4. Rights of terminated parent. Upon entry of an order terminating the
5.12parental rights of any person who is identified as a parent on the original birth record of
5.13the child as to whom the parental rights are terminated, the court shall cause written
5.14notice to be made to that person setting forth:
5.15(1) the right of the person to file at any time with the state registrar of vital statistics
5.16a consent to disclosure, as defined in section144.212, subdivision 11 ; and
5.17(2) the right of the person to file at any time with the state registrar of vital statistics
5.18an affidavit stating that the information on the original birth record shall not be disclosed
5.19as provided in section144.2252; and.
5.20(3) the effect of a failure to file either a consent to disclosure, as defined in section
5.21144.212, subdivision 11, or an affidavit stating that the information on the original birth
5.22record shall not be disclosed.
5.23 Sec. 9. REPEALER.
5.24Minnesota Statutes 2010, sections 259.83, subdivision 3; and 259.89, subdivisions
5.252, 3, and 4, are repealed.
5.26 Sec. 10. EFFECTIVE DATE.
5.27Sections 1 to 9 are effective August 1, 2013.
1.3and original birth certificates;amending Minnesota Statutes 2010, sections
1.413.465, subdivision 8; 144.218, subdivision 1; 144.225, subdivision 2; 144.2252;
1.5144.226, subdivision 1; 259.89, subdivision 1; 260C.317, subdivision 4;
1.6proposing coding for new law in Minnesota Statutes, chapter 144; repealing
1.7Minnesota Statutes 2010, sections 259.83, subdivision 3; 259.89, subdivisions 2,
1.83, 4.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 13.465, subdivision 8, is amended to read:
1.11 Subd. 8. Adoption records. Various adoption records are classified under section
1.13adopted is governed by section
1.14 Sec. 2. Minnesota Statutes 2010, section 144.218, subdivision 1, is amended to read:
1.15 Subdivision 1. Adoption. (a) Upon receipt of a certified copy of an order, decree,
1.16or certificate of adoption, the state registrar shall register a replacement vital record in
1.17the new name of the adopted person. Except as provided in paragraph (b), the original
1.18record of birth is
1.20section
1.21(b) The information contained on the original birth record, except for the registration
1.22number, shall be provided on request to: (1) a parent who is named on the original birth
1.23record; or (2) the adopted person who is the subject of the record if the person is at least
1.2419 years of age, unless there is an affidavit of nondisclosure on file with the state registrar.
2.1Upon the receipt of a certified copy of a court order of annulment of adoption the state
2.2registrar shall restore the original vital record to its original place in the file.
2.3 Sec. 3. Minnesota Statutes 2010, section 144.225, subdivision 2, is amended to read:
2.4 Subd. 2. Data about births. (a) Except as otherwise provided in this subdivision,
2.5data pertaining to the birth of a child to a woman who was not married to the child's father
2.6when the child was conceived nor when the child was born, including the original record
2.7of birth and the certified vital record, are confidential data. At the time of the birth of a
2.8child to a woman who was not married to the child's father when the child was conceived
2.9nor when the child was born, the mother may designate demographic data pertaining to
2.10the birth as public. Notwithstanding the designation of the data as confidential, it may
2.11be disclosed:
2.12(1) to a parent or guardian of the child;
2.13(2) to the child when the child is 16 years of age or older;
2.14(3) under paragraph (b) or (e); or
2.15(4) pursuant to a court order. For purposes of this section, a subpoena does not
2.16constitute a court order.
2.17(b) Unless the child is adopted, data pertaining to the birth of a child that are not
2.18accessible to the public become public data if 100 years have elapsed since the birth of
2.19the child who is the subject of the data, or as provided under section
2.20occurs first.
2.21(c) If a child is adopted, data pertaining to the child's birth are governed by the
2.22provisions relating to adoption records, including sections
2.23subdivision 1
2.24(d) The name and address of a mother under paragraph (a) and the child's date of
2.25birth may be disclosed to the county social services or public health member of a family
2.26services collaborative for purposes of providing services under section
2.27(e) The commissioner of human services shall have access to birth records for:
2.28(1) the purposes of administering medical assistance, general assistance medical
2.29care, and the MinnesotaCare program;
2.30(2) child support enforcement purposes; and
2.31(3) other public health purposes as determined by the commissioner of health.
2.32 Sec. 4. Minnesota Statutes 2010, section 144.2252, is amended to read:
2.33144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION.
3.1(a) Whenever an adopted person requests the state registrar to disclose the
3.2information on the adopted person's original birth record, the state registrar shall act
3.3according to section
3.4(b) The state registrar shall provide a transcript of an adopted person's original birth
3.5record to an authorized representative of a federally recognized American Indian tribe
3.6for the sole purpose of determining the adopted person's eligibility for enrollment or
3.7membership. Information contained in the birth record may not be used to provide the
3.8adopted person information about the person's birth parents, except as provided in this
3.9section or section
3.10 Sec. 5. [144.2253] ACCESS TO ORIGINAL BIRTH RECORDS BY ADOPTED
3.11PERSON; DEPARTMENT DUTIES.
3.12 Subdivision 1. Affidavits. The commissioner shall prepare affidavit of disclosure
3.13and nondisclosure forms under which a birth parent may agree to or object to the release
3.14of the original birth record to the adopted person. The commissioner shall make the forms
3.15readily accessible to birth parents on the department's Web site.
3.16 Subd. 2. Disclosure. Upon request, the state registrar shall provide a noncertified
3.17copy of the original birth record to an adopted person age 19 or older, unless there is
3.18an affidavit of nondisclosure on file. The state registrar must comply with the terms of
3.19affidavits of disclosure or affidavits of nondisclosure.
3.20 Subd. 3. Rescission of affidavit. A birth parent may rescind an affidavit of
3.21disclosure or an affidavit of nondisclosure at any time.
3.22 Subd. 4. Affidavit of nondisclosure; access to birth record. If an affidavit of
3.23nondisclosure is on file with the registrar, an adopted person age 19 or older may petition
3.24the appropriate court for disclosure of the original birth record pursuant to section 259.61.
3.25The court shall grant the petition if, after consideration of the interests of all known
3.26persons affected by the petition, the court determines that the benefits of disclosure of the
3.27information are greater than the benefits of nondisclosure.
3.28 Subd. 5. Information provided. (a) The commissioner shall, in consultation
3.29with adoption agencies and adoption advocates, provide information and educational
3.30materials to adopted persons and birth parents about their rights to access birth records.
3.31For purposes of this subdivision, an adoption advocate is a nonprofit organization that
3.32works with adoption issues in this state.
3.33 (b) The commissioner shall include a notice on the department Web site about
3.34the rights of adopted persons and birth parents to access birth records and shall direct
3.35individuals to private agencies and advocates for postadoption resources.
4.1 (c) Adoption agencies may charge a fee for counseling and support services provided
4.2to adopted persons and birth parents.
4.3 Sec. 6. Minnesota Statutes 2010, section 144.226, subdivision 1, is amended to read:
4.4 Subdivision 1. Which services are for fee. The fees for the following services shall
4.5be the following or an amount prescribed by rule of the commissioner:
4.6(a) The fee for the issuance of a certified vital record or a certification that the vital
4.7record cannot be found is $9. No fee shall be charged for a certified birth, stillbirth, or
4.8death record that is reissued within one year of the original issue, if an amendment is
4.9made to the vital record and if the previously issued vital record is surrendered. The
4.10fee is nonrefundable.
4.11(b) The fee for processing a request for the replacement of a birth record for
4.12all events, except when filing a recognition of parentage pursuant to section
4.13subdivision 1
4.14(c) The fee for processing a request for the filing of a delayed registration of
4.15birth, stillbirth, or death is $40. The fee is payable at the time of application and is
4.16nonrefundable. This fee includes one subsequent review of the request if the request
4.17is not acceptable upon the initial receipt.
4.18(d) The fee for processing a request for the amendment of any vital record when
4.19requested more than 45 days after the filing of the vital record is $40. No fee shall be
4.20charged for an amendment requested within 45 days after the filing of the vital record.
4.21The fee is payable at the time of application and is nonrefundable. This fee includes one
4.22subsequent review of the request if the request is not acceptable upon the initial receipt.
4.23(e) The fee for processing a request for the verification of information from vital
4.24records is $9 when the applicant furnishes the specific information to locate the vital
4.25record. When the applicant does not furnish specific information, the fee is $20 per hour
4.26for staff time expended. Specific information includes the correct date of the event and
4.27the correct name of the registrant. Fees charged shall approximate the costs incurred in
4.28searching and copying the vital records. The fee is payable at the time of application
4.29and is nonrefundable.
4.30(f) The fee for processing a request for the issuance of a copy of any document on
4.31file pertaining to a vital record or statement that a related document cannot be found is $9.
4.32The fee is payable at the time of application and is nonrefundable.
4.33(g) The commissioner shall charge a fee of $40 for noncertified copies of birth
4.34records provided to adopted persons age 19 or older to cover the cost of providing the birth
5.1record and any costs associated with the distribution of information to adopted persons
5.2and birth parents required under section 144.2253, subdivision 5.
5.3 Sec. 7. Minnesota Statutes 2010, section 259.89, subdivision 1, is amended to read:
5.4 Subdivision 1. Request. An adopted person who is 19 years of age or over may
5.5request the commissioner of health to disclose the information on the adopted person's
5.6original birth record.
5.7
5.8
5.9
5.10 Sec. 8. Minnesota Statutes 2010, section 260C.317, subdivision 4, is amended to read:
5.11 Subd. 4. Rights of terminated parent. Upon entry of an order terminating the
5.12parental rights of any person who is identified as a parent on the original birth record of
5.13the child as to whom the parental rights are terminated, the court shall cause written
5.14notice to be made to that person setting forth:
5.15(1) the right of the person to file at any time with the state registrar of vital statistics
5.16a consent to disclosure, as defined in section
5.17(2) the right of the person to file at any time with the state registrar of vital statistics
5.18an affidavit stating that the information on the original birth record shall not be disclosed
5.19as provided in section
5.20
5.21
5.22
5.23 Sec. 9. REPEALER.
5.24Minnesota Statutes 2010, sections 259.83, subdivision 3; and 259.89, subdivisions
5.252, 3, and 4, are repealed.
5.26 Sec. 10. EFFECTIVE DATE.
5.27Sections 1 to 9 are effective August 1, 2013.
