ADOPTION LAW
Adoption means adopting a child by a person and makes himself responsible for the care, maintenance and education of the adopted child.
The adoption in this state may be of the following types
- Step-parent adoptions
- State ward adoptions
- Agency placement adoptions
- Relative adoptions
- Adult adoptions
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Validity of inter-country adoptions
REQUIREMENTS
- Any person who has resided in the state for one year or more may file a petition to adopt a child or an adult, the adoption of two or more persons in one petition. Taking into consideration the best interest of the child the court may reduced the period of residence in the state.
- The court may also waive any residence requirement of this section if
- the petitioner is an individual who is related, or
- a member of a child's extended family or
- important friends with whom the child has resided or had significant contact.
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A child may be adopted with the consent of the child's birth parents or the child's guardian. Therefore a written consent is required from the child's birth parent or the guardian.
PROCEDURE TO ADOPT A CHILD
- The juvenile court of the county of the petitioner's residence has original jurisdiction in all adoption proceedings.
- A petition for adoption may be filed after placing the child to be adopted to the commissioner of human services, the commissioner's agent, or a licensed child-placing agency, within 12 months if the child
- is below 14 years of age
- is sought to be adopted by an individual who is not related to the child,
- and petitioner resided in one state;
- 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
- If the petition is not filed within the 12 months, a petition for motion for an order and a report recommending one of the following may be filed with the same court:
- extension of the time for filing a petition because of the child's special needs as defined in the Social Security Act, United States Code,
- that, based on a written plan for completing filing of the petition in the best interest of the child, to which the prospective adoptive parents have agreed, the time for filing a petition be extended and additional time is needed for the child to adjust to the adoptive home; or
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that the child be removed from the prospective adoptive home.
INTER-COUNTRY ADOPTIONS
The adoption of a child of another country by a resident of this state under the laws of a foreign country is valid and binding under the laws of this state. Provided that the validity of the foreign adoption has been verified by the granting of an IR-3 VISA for the child by the United States Immigration and Naturalization Service.
PROCEDURE FOR INTER-COUNTRY ADOPTION
The petitioner(s) must file with the court the following:
- A petition/application in the form of a signed, sworn and notarized statement to issue a Minnesota birth certificate and the adoptive parents completed the adoption of the child under the laws of a foreign country and it is valid in this state.
- The documents that is to be submitted along with the petition/application are:
- a copy of the child's original birth certificate, if available.
- a copy of the final adoption certificate or equivalent as issued by the foreign jurisdiction.
- a copy of the child's passport
- the United States VISA indicating IR-3 immigration status.
- Certified English translations of any of the documents if required
- The proposed order/decree shall confirm the validity of the inter-country adoption which also orders that the Minnesota Department of Vital Statistics issue a Minnesota birth certificate.
- The Certificate of adoption
- The Minnesota birth certificate application
- Shall fill all the documents along with appropriate filing fees
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