Bill Text: MN SF981 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Birth records of adopted persons access provisions modification
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-17 - Withdrawn and returned to author [SF981 Detail]
Download: Minnesota-2013-SF981-Introduced.html
1.2relating to adoption; modifying provisions governing access to original
1.3birth records and other adoption-related information;amending Minnesota
1.4Statutes 2012, sections 13.10, subdivision 5; 13.465, subdivision 8; 144.218,
1.5subdivision 1; 144.225, subdivision 2; 144.2252; 144.226, subdivision 1; 259.83,
1.6subdivisions 1, 1a, 1b, 4; 260C.317, subdivision 4; proposing coding for new law
1.7in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2012, sections
1.8144.212, subdivision 11; 259.83, subdivision 3; 259.89, subdivisions 1, 2, 3, 4, 5.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 13.10, subdivision 5, is amended to read:
1.11 Subd. 5. Adoption records. Notwithstanding any provision of this chapter,
1.12adoption records shall be treated as provided in sections 144.2253,259.53 ,
259.61 ,
1.13259.79
, and
259.83 to
259.89 .
1.14 Sec. 2. Minnesota Statutes 2012, section 13.465, subdivision 8, is amended to read:
1.15 Subd. 8. Adoption records. Various adoption records are classified under section
1.16259.53, subdivision 1
. Access to the original birth record of a person who has been
1.17adopted is governed by section259.89
1.18 Sec. 3. Minnesota Statutes 2012, section 144.218, subdivision 1, is amended to read:
1.19 Subdivision 1. Adoption. (a) Upon receipt of a certified copy of an order, decree, or
1.20certificate of adoption, the state registrar shall register a replacement vital record in the
1.21new name of the adopted person. Except as provided in paragraph (b), the original record
1.22of birth is confidential pursuant to section13.02, subdivision 3 , and shall not be disclosed
1.23except pursuant to court order or section144.2252 or 144.2253.
2.1(b) The information contained on the original birth record, except for the registration
2.2number, shall be provided on request to: (1) a parent who is named on the original birth
2.3record; (2) the adopted person who is the subject of the record if the person is at least
2.418 years of age; or (3) a person related to the adopted person, if the adopted person is
2.5deceased. Upon the receipt of a certified copy of a court order of annulment of adoption
2.6the state registrar shall restore the original vital record to its original place in the file.
2.7(c) For purposes of this subdivision, "a person related to the adopted person" includes:
2.8(1) the surviving spouse of the adopted person;
2.9(2) a lineal descendant of the adopted person;
2.10(3) the adoptive parent of the adopted person; or
2.11(4) a brother, brother-in-law, sister, or sister-in-law of the adopted person.
2.12 Sec. 4. Minnesota Statutes 2012, section 144.225, subdivision 2, is amended to read:
2.13 Subd. 2. Data about births. (a) Except as otherwise provided in this subdivision,
2.14data pertaining to the birth of a child to a woman who was not married to the child's father
2.15when the child was conceived nor when the child was born, including the original record of
2.16birth and the certified vital record, are confidential data. At the time of the birth of a child to
2.17a woman who was not married to the child's father when the child was conceived nor when
2.18the child was born, the mother may designate demographic data pertaining to the birth as
2.19public. Notwithstanding the designation of the data as confidential, it may be disclosed:
2.20(1) to a parent or guardian of the child;
2.21(2) to the child when the child is 16 years of age or older;
2.22(3) under paragraph (b) or (e); or
2.23(4) pursuant to a court order. For purposes of this section, a subpoena does not
2.24constitute a court order.
2.25(b) Unless the child is adopted, data pertaining to the birth of a child that are not
2.26accessible to the public become public data if 100 years have elapsed since the birth of
2.27the child who is the subject of the data, or as provided under section13.10 , whichever
2.28occurs first.
2.29(c) If a child is adopted, data pertaining to the child's birth are governed by the
2.30provisions relating to adoption records, including sections13.10, subdivision 5 ;
144.218,
2.31subdivision 1 ;
144.2252 ; 144.2253; and
259.89 .
2.32(d) The name and address of a mother under paragraph (a) and the child's date of
2.33birth may be disclosed to the county social services or public health member of a family
2.34services collaborative for purposes of providing services under section124D.23 .
2.35(e) The commissioner of human services shall have access to birth records for:
3.1(1) the purposes of administering medical assistance, general assistance medical
3.2care, and the MinnesotaCare program;
3.3(2) child support enforcement purposes; and
3.4(3) other public health purposes as determined by the commissioner of health.
3.5 Sec. 5. Minnesota Statutes 2012, section 144.2252, is amended to read:
3.6144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION.
3.7(a) Whenever an adopted person requests the state registrar to disclose the
3.8information on the adopted person's original birth record, the state registrar shall act
3.9according to section259.89
3.10(b) The state registrar shall provide a transcript of an adopted person's original birth
3.11record to an authorized representative of a federally recognized American Indian tribe
3.12for the sole purpose of determining the adopted person's eligibility for enrollment or
3.13membership. Information contained in the birth record may not be used to provide the
3.14adopted person information about the person's birth parents, except as provided in this
3.15section or section259.83
3.16 Sec. 6. [144.2253] ACCESS TO ORIGINAL BIRTH RECORDS OF ADOPTED
3.17PERSONS; DUTIES.
3.18(a) An adopted person who is aged 18 years and over, or a person related to the
3.19adopted person if the adopted person is deceased, may request the state registrar to provide
3.20the adopted person or a person related to the adopted person with a noncertified copy of
3.21the adopted person's original birth record. Upon this request, the state registrar shall
3.22provide the adopted person, or a person related to the adopted person if the adopted person
3.23is deceased, with a noncertified copy of the adopted person's original birth record.
3.24(b) An original birth record of an adopted person shall become a public record on the
3.25100th anniversary of the adopted person's birth.
3.26(c) For purposes of this section, "a person related to the adopted person" has the
3.27meaning given in section 144.218, subdivision 1, paragraph (c).
3.28 Sec. 7. Minnesota Statutes 2012, section 144.226, subdivision 1, is amended to read:
3.29 Subdivision 1. Which services are for fee. The fees for the following services shall
3.30be the following or an amount prescribed by rule of the commissioner:
3.31(a) The fee for the issuance of a certified vital record or a certification that the vital
3.32record cannot be found is $9. No fee shall be charged for a certified birth, stillbirth, or
3.33death record that is reissued within one year of the original issue, if an amendment is
4.1made to the vital record and if the previously issued vital record is surrendered. The
4.2fee is nonrefundable.
4.3(b) The fee for processing a request for the replacement of a birth record for
4.4all events, except when filing a recognition of parentage pursuant to section257.73,
4.5subdivision 1 , is $40. The fee is payable at the time of application and is nonrefundable.
4.6(c) The fee for processing a request for the filing of a delayed registration of
4.7birth, stillbirth, or death is $40. The fee is payable at the time of application and is
4.8nonrefundable. This fee includes one subsequent review of the request if the request
4.9is not acceptable upon the initial receipt.
4.10(d) The fee for processing a request for the amendment of any vital record when
4.11requested more than 45 days after the filing of the vital record is $40. No fee shall be
4.12charged for an amendment requested within 45 days after the filing of the vital record.
4.13The fee is payable at the time of application and is nonrefundable. This fee includes one
4.14subsequent review of the request if the request is not acceptable upon the initial receipt.
4.15(e) The fee for processing a request for the verification of information from vital
4.16records is $9 when the applicant furnishes the specific information to locate the vital record.
4.17When the applicant does not furnish specific information, the fee is $20 per hour for staff
4.18time expended. Specific information includes the correct date of the event and the correct
4.19name of the registrant. Fees charged shall approximate the costs incurred in searching and
4.20copying the vital records. The fee is payable at the time of application and is nonrefundable.
4.21(f) The fee for processing a request for the issuance of a copy of any document on
4.22file pertaining to a vital record or statement that a related document cannot be found is $9.
4.23The fee is payable at the time of application and is nonrefundable.
4.24(g) The commissioner shall charge a fee of $40 for noncertified copies of birth
4.25records provided to persons authorized by section 144.218, subdivision 1, paragraph (b),
4.26to access the information contained on the original birth record in order to cover the
4.27cost of providing the birth record.
4.28 Sec. 8. Minnesota Statutes 2012, section 259.83, subdivision 1, is amended to read:
4.29 Subdivision 1. Services provided. Agencies shall provide assistance and counseling
4.30services upon receiving a request for current information from adoptive parents, birth
4.31parents, or adopted persons aged19 18 years and over. The agency shall contact the
4.32other adult persons or the adoptive parents of a minor child in a personal and confidential
4.33manner to determine whether there is a desire to receive or share information or to have
4.34contact. If there is such a desire, the agency shall provide the services requested. The
5.1agency shall provide services to adult genetic siblingsif there is no known violation of the
5.2confidentiality of a birth parent or if the birth parent gives written consent.
5.3 Sec. 9. Minnesota Statutes 2012, section 259.83, subdivision 1a, is amended to read:
5.4 Subd. 1a. Social and medical history. (a) If a person aged19 18 years and over
5.5who was adopted on or after August 1, 1994, or the adoptive parent requests the detailed
5.6nonidentifying social and medical history of the adopted person's birth family that was
5.7provided at the time of the adoption, agencies must provide the information to the adopted
5.8person or adoptive parent on the form required under section259.43 .
5.9(b) If an adopted person aged19 18 years and over or the adoptive parent requests
5.10the agency to contact the adopted person's birth parents to request current nonidentifying
5.11social and medical history of the adopted person's birth family, agencies must use the form
5.12required under section259.43 when obtaining the information for the adopted person
5.13or adoptive parent.
5.14 Sec. 10. Minnesota Statutes 2012, section 259.83, subdivision 1b, is amended to read:
5.15 Subd. 1b. Genetic siblings. (a) A person who is at least19 18 years old who was
5.16adopted or, because of a termination of parental rights, was committed to the guardianship
5.17of the commissioner of human services, whether adopted or not, must upon request be
5.18advised of other siblings who were adopted or who were committed to the guardianship
5.19of the commissioner of human services and not adopted.
5.20(b) Assistance must be provided by the county or placing agency of the person
5.21requesting information to the extent that information is available in the existing records at
5.22the Department of Human Services. If the sibling received services from another agency,
5.23the agencies must share necessary information in order to locate the other siblings and to
5.24offer services, as requested. Upon the determination that parental rights with respect to
5.25another sibling were terminated, identifying information and contact must be provided only
5.26upon mutual consent. A reasonable fee may be imposed by the county or placing agency.
5.27 Sec. 11. Minnesota Statutes 2012, section 259.83, subdivision 4, is amended to read:
5.28 Subd. 4. Confidentiality. Agencies shall provide adoptive parents, birth parents
5.29and adult siblings, and adopted persons aged19 18 years and over reasonable assistance
5.30in a manner consistent with state and federal laws, rules, and regulations regarding the
5.31confidentiality and privacy of child welfare and adoption records.
5.32 Sec. 12. Minnesota Statutes 2012, section 260C.317, subdivision 4, is amended to read:
6.1 Subd. 4. Rights of terminated parent.(a) Upon entry of an order terminating the
6.2parental rights of any person who is identified as a parent on the original birth record of
6.3the child as to whom the parental rights are terminated, the court shall cause written
6.4notice to be made to that person setting forth:
6.5(1) the right of the person to file at any time with the state registrar of vital statistics
6.6a consent to disclosure, as defined in section
144.212, subdivision 11;
6.7(2) the right of the person to file at any time with the state registrar of vital statistics
6.8an affidavit stating that the information on the original birth record shall not be disclosed
6.9as provided in section
144.2252; and
6.10(3) the effect of a failure to file either a consent to disclosure, as defined in section
6.11144.212, subdivision 11, or an affidavit stating that the information on the original birth
6.12record shall not be disclosed.
6.13(b) A parent whose rights are terminated under this section shall retain the ability to
6.14enter into a contact or communication agreement under section260C.619 if an agreement
6.15is determined by the court to be in the best interests of the child. The agreement shall be
6.16filed with the court at or prior to the time the child is adopted. An order for termination of
6.17parental rights shall not be conditioned on an agreement under section260C.619 .
6.18 Sec. 13. REPEALER.
6.19Minnesota Statutes 2012, sections 144.212, subdivision 11; 259.83, subdivision 3;
6.20and 259.89, subdivisions 1, 2, 3, 4, and 5, are repealed.
6.21 Sec. 14. EFFECTIVE DATE.
6.22Sections 1 to 13 are effective January 1, 2014.
1.3birth records and other adoption-related information;amending Minnesota
1.4Statutes 2012, sections 13.10, subdivision 5; 13.465, subdivision 8; 144.218,
1.5subdivision 1; 144.225, subdivision 2; 144.2252; 144.226, subdivision 1; 259.83,
1.6subdivisions 1, 1a, 1b, 4; 260C.317, subdivision 4; proposing coding for new law
1.7in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2012, sections
1.8144.212, subdivision 11; 259.83, subdivision 3; 259.89, subdivisions 1, 2, 3, 4, 5.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 13.10, subdivision 5, is amended to read:
1.11 Subd. 5. Adoption records. Notwithstanding any provision of this chapter,
1.12adoption records shall be treated as provided in sections 144.2253,
1.14 Sec. 2. Minnesota Statutes 2012, section 13.465, subdivision 8, is amended to read:
1.15 Subd. 8. Adoption records. Various adoption records are classified under section
1.17adopted is governed by section
1.18 Sec. 3. Minnesota Statutes 2012, section 144.218, subdivision 1, is amended to read:
1.19 Subdivision 1. Adoption. (a) Upon receipt of a certified copy of an order, decree, or
1.20certificate of adoption, the state registrar shall register a replacement vital record in the
1.21new name of the adopted person. Except as provided in paragraph (b), the original record
1.22of birth is confidential pursuant to section
1.23except pursuant to court order or section
2.1(b) The information contained on the original birth record
2.2
2.3record; (2) the adopted person who is the subject of the record if the person is at least
2.418 years of age; or (3) a person related to the adopted person, if the adopted person is
2.5deceased. Upon the receipt of a certified copy of a court order of annulment of adoption
2.6the state registrar shall restore the original vital record to its original place in the file.
2.7(c) For purposes of this subdivision, "a person related to the adopted person" includes:
2.8(1) the surviving spouse of the adopted person;
2.9(2) a lineal descendant of the adopted person;
2.10(3) the adoptive parent of the adopted person; or
2.11(4) a brother, brother-in-law, sister, or sister-in-law of the adopted person.
2.12 Sec. 4. Minnesota Statutes 2012, section 144.225, subdivision 2, is amended to read:
2.13 Subd. 2. Data about births. (a) Except as otherwise provided in this subdivision,
2.14data pertaining to the birth of a child to a woman who was not married to the child's father
2.15when the child was conceived nor when the child was born, including the original record of
2.16birth and the certified vital record, are confidential data. At the time of the birth of a child to
2.17a woman who was not married to the child's father when the child was conceived nor when
2.18the child was born, the mother may designate demographic data pertaining to the birth as
2.19public. Notwithstanding the designation of the data as confidential, it may be disclosed:
2.20(1) to a parent or guardian of the child;
2.21(2) to the child when the child is 16 years of age or older;
2.22(3) under paragraph (b) or (e); or
2.23(4) pursuant to a court order. For purposes of this section, a subpoena does not
2.24constitute a court order.
2.25(b) Unless the child is adopted, data pertaining to the birth of a child that are not
2.26accessible to the public become public data if 100 years have elapsed since the birth of
2.27the child who is the subject of the data, or as provided under section
2.28occurs first.
2.29(c) If a child is adopted, data pertaining to the child's birth are governed by the
2.30provisions relating to adoption records, including sections
2.31subdivision 1
2.32(d) The name and address of a mother under paragraph (a) and the child's date of
2.33birth may be disclosed to the county social services or public health member of a family
2.34services collaborative for purposes of providing services under section
2.35(e) The commissioner of human services shall have access to birth records for:
3.1(1) the purposes of administering medical assistance, general assistance medical
3.2care, and the MinnesotaCare program;
3.3(2) child support enforcement purposes; and
3.4(3) other public health purposes as determined by the commissioner of health.
3.5 Sec. 5. Minnesota Statutes 2012, section 144.2252, is amended to read:
3.6144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION.
3.7(a) Whenever an adopted person requests the state registrar to disclose the
3.8information on the adopted person's original birth record, the state registrar shall act
3.9according to section
3.10(b) The state registrar shall provide a transcript of an adopted person's original birth
3.11record to an authorized representative of a federally recognized American Indian tribe
3.12for the sole purpose of determining the adopted person's eligibility for enrollment or
3.13membership. Information contained in the birth record may not be used to provide the
3.14adopted person information about the person's birth parents, except as provided in this
3.15section or section
3.16 Sec. 6. [144.2253] ACCESS TO ORIGINAL BIRTH RECORDS OF ADOPTED
3.17PERSONS; DUTIES.
3.18(a) An adopted person who is aged 18 years and over, or a person related to the
3.19adopted person if the adopted person is deceased, may request the state registrar to provide
3.20the adopted person or a person related to the adopted person with a noncertified copy of
3.21the adopted person's original birth record. Upon this request, the state registrar shall
3.22provide the adopted person, or a person related to the adopted person if the adopted person
3.23is deceased, with a noncertified copy of the adopted person's original birth record.
3.24(b) An original birth record of an adopted person shall become a public record on the
3.25100th anniversary of the adopted person's birth.
3.26(c) For purposes of this section, "a person related to the adopted person" has the
3.27meaning given in section 144.218, subdivision 1, paragraph (c).
3.28 Sec. 7. Minnesota Statutes 2012, section 144.226, subdivision 1, is amended to read:
3.29 Subdivision 1. Which services are for fee. The fees for the following services shall
3.30be the following or an amount prescribed by rule of the commissioner:
3.31(a) The fee for the issuance of a certified vital record or a certification that the vital
3.32record cannot be found is $9. No fee shall be charged for a certified birth, stillbirth, or
3.33death record that is reissued within one year of the original issue, if an amendment is
4.1made to the vital record and if the previously issued vital record is surrendered. The
4.2fee is nonrefundable.
4.3(b) The fee for processing a request for the replacement of a birth record for
4.4all events, except when filing a recognition of parentage pursuant to section
4.5subdivision 1
4.6(c) The fee for processing a request for the filing of a delayed registration of
4.7birth, stillbirth, or death is $40. The fee is payable at the time of application and is
4.8nonrefundable. This fee includes one subsequent review of the request if the request
4.9is not acceptable upon the initial receipt.
4.10(d) The fee for processing a request for the amendment of any vital record when
4.11requested more than 45 days after the filing of the vital record is $40. No fee shall be
4.12charged for an amendment requested within 45 days after the filing of the vital record.
4.13The fee is payable at the time of application and is nonrefundable. This fee includes one
4.14subsequent review of the request if the request is not acceptable upon the initial receipt.
4.15(e) The fee for processing a request for the verification of information from vital
4.16records is $9 when the applicant furnishes the specific information to locate the vital record.
4.17When the applicant does not furnish specific information, the fee is $20 per hour for staff
4.18time expended. Specific information includes the correct date of the event and the correct
4.19name of the registrant. Fees charged shall approximate the costs incurred in searching and
4.20copying the vital records. The fee is payable at the time of application and is nonrefundable.
4.21(f) The fee for processing a request for the issuance of a copy of any document on
4.22file pertaining to a vital record or statement that a related document cannot be found is $9.
4.23The fee is payable at the time of application and is nonrefundable.
4.24(g) The commissioner shall charge a fee of $40 for noncertified copies of birth
4.25records provided to persons authorized by section 144.218, subdivision 1, paragraph (b),
4.26to access the information contained on the original birth record in order to cover the
4.27cost of providing the birth record.
4.28 Sec. 8. Minnesota Statutes 2012, section 259.83, subdivision 1, is amended to read:
4.29 Subdivision 1. Services provided. Agencies shall provide assistance and counseling
4.30services upon receiving a request for current information from adoptive parents, birth
4.31parents, or adopted persons aged
4.32other adult persons or the adoptive parents of a minor child in a personal and confidential
4.33manner to determine whether there is a desire to receive or share information or to have
4.34contact. If there is such a desire, the agency shall provide the services requested. The
5.1agency shall provide services to adult genetic siblings
5.2
5.3 Sec. 9. Minnesota Statutes 2012, section 259.83, subdivision 1a, is amended to read:
5.4 Subd. 1a. Social and medical history. (a) If a person aged
5.5who was adopted on or after August 1, 1994, or the adoptive parent requests the detailed
5.6nonidentifying social and medical history of the adopted person's birth family that was
5.7provided at the time of the adoption, agencies must provide the information to the adopted
5.8person or adoptive parent on the form required under section
5.9(b) If an adopted person aged
5.10the agency to contact the adopted person's birth parents to request current nonidentifying
5.11social and medical history of the adopted person's birth family, agencies must use the form
5.12required under section
5.13or adoptive parent.
5.14 Sec. 10. Minnesota Statutes 2012, section 259.83, subdivision 1b, is amended to read:
5.15 Subd. 1b. Genetic siblings. (a) A person who is at least
5.16adopted or, because of a termination of parental rights, was committed to the guardianship
5.17of the commissioner of human services, whether adopted or not, must upon request be
5.18advised of other siblings who were adopted or who were committed to the guardianship
5.19of the commissioner of human services and not adopted.
5.20(b) Assistance must be provided by the county or placing agency of the person
5.21requesting information to the extent that information is available in the existing records at
5.22the Department of Human Services. If the sibling received services from another agency,
5.23the agencies must share necessary information in order to locate the other siblings and to
5.24offer services, as requested. Upon the determination that parental rights with respect to
5.25another sibling were terminated, identifying information and contact must be provided only
5.26upon mutual consent. A reasonable fee may be imposed by the county or placing agency.
5.27 Sec. 11. Minnesota Statutes 2012, section 259.83, subdivision 4, is amended to read:
5.28 Subd. 4. Confidentiality. Agencies shall provide adoptive parents, birth parents
5.29and adult siblings, and adopted persons aged
5.30in a manner consistent with state and federal laws, rules, and regulations regarding the
5.31confidentiality and privacy of child welfare and adoption records.
5.32 Sec. 12. Minnesota Statutes 2012, section 260C.317, subdivision 4, is amended to read:
6.1 Subd. 4. Rights of terminated parent.
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14enter into a contact or communication agreement under section
6.15is determined by the court to be in the best interests of the child. The agreement shall be
6.16filed with the court at or prior to the time the child is adopted. An order for termination of
6.17parental rights shall not be conditioned on an agreement under section
6.18 Sec. 13. REPEALER.
6.19Minnesota Statutes 2012, sections 144.212, subdivision 11; 259.83, subdivision 3;
6.20and 259.89, subdivisions 1, 2, 3, 4, and 5, are repealed.
6.21 Sec. 14. EFFECTIVE DATE.
6.22Sections 1 to 13 are effective January 1, 2014.
