Subdivision 1. Who may petition. Any person who has resided in the state for one year or more may petition to adopt a child or an adult, and the same petitioner may petition for the adoption of two or more persons in one petition. The provisions as to length of residence in the state may be reduced to 30 days by the court whenever it appears to be for the best interest of the child.
The court may waive any residence requirement of this section if the petitioner is an individual who is related, as defined in section 245A.02, subdivision 13, or a member of a child's extended family or important friends with whom the child has resided or had significant contact.
Subd. 2. Persons who may be adopted. No petition for adoption shall be filed unless the person sought to be adopted has been placed by a licensed child-placing agency. The provisions of this subdivision shall not apply if:
(1) the person to be adopted is over 14 years of age;
(2) the child is sought to be adopted by an individual who is related to the child, as defined by section 245A.02, subdivision 13;
(3) the child has been lawfully placed under the laws of another state while the child and petitioner resided in that other state;
(4) the court waives the requirement of this subdivision in the best interests of the child or petitioners, provided that the adoption does not involve a placement as defined in section 259.21, subdivision 8; or
(5) the child has been lawfully placed under section 259.47.
Subd. 3. Placements prior to August 1, 1974. This section shall not apply to placements made prior to August 1, 1974. Any placement made prior to that date may be finalized by a petition for adoption.
Subd. 4. Time for filing petition. A petition shall be filed not later than 12 months after a child is placed in a prospective adoptive home. If a petition is not filed by that time, the agency that placed the child, or, in a direct adoptive placement, the agency that is supervising the placement shall file with the district court in the county where the prospective adoptive parent resides a motion for an order and a report recommending one of the following:
(1) that the time for filing a petition be extended because of the child's special needs as defined under title IV-E of the Social Security Act, United States Code, title 42, section 673;
(2) that, based on a written plan for completing filing of the petition, including a specific timeline, to which the prospective adoptive parents have agreed, the time for filing a petition be extended long enough to complete the plan because such an extension is in the best interests of the child and additional time is needed for the child to adjust to the adoptive home; or
(3) that the child be removed from the prospective adoptive home.
The prospective adoptive parent must reimburse an agency for the cost of preparing and filing the motion and report under this section, unless the costs are reimbursed by the commissioner under section 259.73 or 256N.25, subdivision 1a.
1951 c 508 s 2; 1974 c 499 s 1; 1984 c 654 art 5 s 58; 1986 c 444; 1994 c 631 s 12-14,31; 1997 c 177 s 5,6; 1998 c 406 art 1 s 16,37; 1998 c 407 art 9 s 15; 2008 c 361 art 6 s 3; 2012 c 216 art 1 s 6; 2013 c 125 art 1 s 52; 2021 c 30 art 9 s 13
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 259 — Change Of Name, Adoption
Section 259.10 — General Requirements.
Section 259.11 — Order; Filing Copies.
Section 259.115 — Criminal Penalties.
Section 259.12 — Correctional Inmates; Name Changes; Limited.
Section 259.13 — Persons With Felony Conviction; Name Changes.
Section 259.23 — Juvenile Court, Jurisdiction.
Section 259.241 — Adult Adoption.
Section 259.25 — Agreement Conferring Authority To Place For Adoption.
Section 259.27 — Notification Of Death Or Terminal Illness.
Section 259.29 — Protection Of Best Interests In Adoptive Placements.
Section 259.31 — Agency Placement Factors.
Section 259.35 — Notice To Adoptive Parents.
Section 259.37 — Agency; Fee Schedule; Disclosure; Civil Action.
Section 259.39 — Commissioner's Statement.
Section 259.41 — Adoption Study.
Section 259.43 — Birth Parent History; Commissioner's Form.
Section 259.45 — State Audit Of Adoption Agency; Civil Action.
Section 259.47 — Direct Adoptive Placement.
Section 259.49 — Notice, Hearing On Petition.
Section 259.52 — Fathers' Adoption Registry.
Section 259.53 — Petition; Investigations; Reports.
Section 259.55 — Payment Of Birth Parent Expenses; Penalty.
Section 259.57 — Hearing, Decree.
Section 259.58 — Communication Or Contact Agreements.
Section 259.59 — Effect Of Adoption.
Section 259.60 — Intercountry Adoptions; Obtaining Amended Birth Record.
Section 259.61 — Hearings, Confidential.
Section 259.65 — Appointment Of Attorney And Guardian Ad Litem.
Section 259.73 — Reimbursement Of Nonrecurring Adoption Expenses.
Section 259.75 — State Adoption Exchange.
Section 259.77 — Family Recruitment.
Section 259.78 — Grandparent Visitation.
Section 259.79 — Adoption Records.
Section 259.81 — Referral For Services.
Section 259.83 — Postadoption Services.
Section 259.88 — Data And Best Practices.
Section 259.89 — Access To Original Birth Record Information.