Minnesota Adoption Laws

Minnesota adoption laws protect the legal rights of the adoptive parents, the birth parents, and the prospective adoptive parents. Under the state's laws, all parties have important roles in the adoption proceedings.

Minnesota's adoption laws resemble those of other states. All states have their own requirements for residency and age at which children must consent to adoption. Prospective parents in Minnesota should expect to work with an adoption agency at some point during the adoption. This article reviews Minnesota's adoption requirements for adoptive families and birth parents.

Minnesota Adoption Laws

Minnesota requires potential parents to live in Minnesota for one year. Courts may waive this if it is in the child's best interests. Minnesota recognizes several types of adoption.

• Kinship adoption, also called relative adoption, is adoption by a family member of the adopted child. For relatives, the one-year residency isn't needed.
• Step-parent adoptions. Before a step-parent can adopt a child, the non-petitioning parent must give consent or have their parental rights terminated by the court. Step-parent adoptions do not need home studies.
• Private adoptions do not need the participation of an adoption agency if the birth parents know the adopters. But the family must still have a home study and approval from the court.
• Agency adoptions are most common if social services remove a child from a birth family by court order or the child is in foster care. The agency must maintain records of the relinquishment and the adoptive placement of the child.
• Interstate/international adoption. Interstate adoptions must follow the Interstate Compact on Placement of Children (ICPC). International adoptions must follow the Hague Convention. Parents seeking either type of adoption should consult an adoption attorney or licensed child-placing agency.
• Adult adoption is allowed in the state of Minnesota with the consent of the adult adoptee. Adult adoption terminates the parental rights of the adult adoptee's birth parents, including all rights of inheritance.

When Adoptions Take Place

If the birth parents are surrendering the adoptive child, the adoption can't take place less than 72 hours after the child's birth. The birth parents must give written consent no more than 60 days after the child's placement in the adoptive home. They have 10 days to revoke consent.

The birth mother must give truthful information about the child's conception so the adoptive agency, attorney, or state can attempt to find the birth father as soon as possible. If the putative father is not present, he should put his name on the Minnesota Fathers' Adoption Registry if he wants notification of adoption proceedings. Putative fathers who fail to register will not get notice and may have their parental rights terminated with no further notice from the court.

Who Can Adopt

Anyone 21 years of age or over may adopt in Minnesota. Heterosexual and same-sex couples can adopt, as well as single people and unmarried couples. Minnesota law prohibits adoption agencies from discriminating against LGBTQ+ couples during the placement of a child.

Children age 14 and older must consent in writing to their own adoption.

Minnesota's Adoption Process

The Minnesota Department of Human Services has developed a comprehensive eight-step procedure for birth parents, adoptive parents, and adoption agencies to follow during the adoption of a child. All three groups have similar responsibilities, which helps ensure a smooth custody transfer.

• All parties make an adoption plan. The child's parents find an agency or attorney to help with the adoption. Prospective parents contact an agency to take part in an adoption home study and background check.
• During the home study process, the adoption agency visits the adoptive home at least once and interviews the prospective parents.
• The agency handles matching prospective parents with a child. The birth parents may have the right to approve the prospective parents, depending on when they release their parental rights.
• Adoptive placement is when the birth parents terminate their rights and release custody of the child to the agency or the adoptive parents.
• In some cases, the adoptive parents may qualify for state assistance. Help is only available after placement.
• The agency does at least one post-placement supervision visit to assess the placement. If the court requests more than one, the agency can extend the three-month supervisory period.
• The court finalizes the adoption once the agency completes all post-placement visits.
• All parties, including the birth parents, must follow through with post-adoption paperwork and counseling.

Minnesota law allows the birth parents to be involved with the adoption as long as all parties consent.

Native American Adoptions

If an adoption involves a Native American child, the state must defer to the Indian Child Welfare Act (ICWA). This federal law gives tribal government jurisdiction over the adoption. Under ICWA, a Native child's adoption must be:

• To a relative within the child's family
• To a member of the child's tribe
• To another Native family

Minnesota's Department of Human Services works closely with four tribes within Minnesota to preserve the best interests of Minnesota's Native American children.

Minnesota Adoption Laws: Related Resources

For more information or resources related to this topic, visit the links below.

• Minnesota Family Laws
• Adoption
• Foster Care

Get Legal Advice from a Minnesota Adoption Attorney

Whether you're considering adoption or need help finding placement for your child, you need legal advice from an experienced Minnesota adoption attorney. Get adoption assistance from someone who understands Minnesota's laws.