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CERTIFICATE

Minnesota:  Access to OBCs and Non-ID

MINNESOTA

DENIES UNRESTRICTED ACCESS TO OBC (See below)

 

Who May Access Information
Citation: Ann. Stat. §§ 259.83; 259.89

Non-identifying information may be provided to:
• The adopted person who is age 19 or older
• The adoptive parent
Identifying information may be provided to:
• The adopted person who is age 19 or older
• The birth parents
• Adult genetic siblings, if disclosure does not violate the confidentiality of the birth parents or if they give consent

Access to Original Birth Certificate

Citation: Ann. Stat. § 259.89
An adopted person who is age 19 or older may request the Commissioner of Health to disclose the information on his or her original
birth record. Within 5 days, the commissioner shall notify the Department of Human Services or child-placing agency of the request.
Within 6 months after receiving the request, the department or agency shall make reasonable efforts to notify each birth parent.
If the department is unable to notify a parent identified on the original birth record within 6 months, and if neither parent has at any
time filed an unrevoked consent to disclosure, the information may be disclosed as follows:
• If the person was adopted prior to August 1, 1977, he or she may petition the court for disclosure, and the court shall grant
the petition if, after consideration of the interests of all known persons involved, the court determines that disclosure of the
information would be of greater benefit than nondisclosure.
• If the person was adopted on or after August 1, 1977, the commissioner shall release the information to the adopted person.
If either birth parent has ever filed with the commissioner an unrevoked affidavit stating that the information on the original birth
record should not be disclosed, the commissioner shall not disclose the information until the affidavit is revoked by the filing of a
consent to disclosure by that parent.
If a parent named on the original birth record has died, and at any time prior to the death the parent has filed an unrevoked affidavit
stating that the information not be disclosed, the adopted person may petition the court of original jurisdiction of the adoption
proceeding for disclosure.
The State Registrar shall provide a copy of an adopted person’s original birth record to an authorized representative of a federally
recognized American Indian Tribe for the sole purpose of determining the adopted person’s eligibility for enrollment or membership
in the Tribe.

Access to Non-identifying Information
Citation: Ann. Stat. § 259.83

For adoptions finalized on or after August 1, 1994, the adopted person, if age 19 or older, or the adoptive parent may receive the
detailed medical and social history that was provided at the time of the adoption. In addition, the adult adopted person or the
adoptive parent may request the agency to contact the birth parents to request current non-identifying social and medical history of
the adopted person’s birth family.

When the agency receives information about a medical or genetic condition that has affected or may affect the physical or mental
health of genetically related persons, the agency shall make a diligent effort to contact those persons in order to transmit the health
information.

Mutual Access to Identifying Information
Citation: Ann. Stat. §§ 259.83; 259.89

Agencies shall provide assistance and counseling services when the adoptive parents, birth parents, or adopted person who is age
19 or older request current information. The agency shall contact the other adult persons or the adoptive parents of a minor child
in a personal and confidential manner to determine whether there is a desire to share information or to have contact. The agency
shall provide services to adult genetic siblings if there is no known violation of the confidentiality of a birth parent or if the birth
parent gives written consent. The adopted person also must be advised of other siblings who were adopted or relinquished to the
commissioner but not adopted.
In adoptive placements made on and after August 1, 1982, the agency shall obtain from the birth parents an affidavit attesting that:
• The birth parent has been informed of the right of the adopted person at age 19 to request the name, last known address,
birth date, and birthplace of the birth parents named on the original birth record.
• Each birth parent may file an affidavit objecting to the release of information about that birth parent, and that parent only, to
the adopted person.
• If the birth parent does not file an affidavit objecting to release of information before the adopted person reaches age 19, the
information will be released upon request.
• Notwithstanding the filing of an affidavit, the adopted person may petition the court for release of identifying information
about a birth parent.
• The birth parent shall then have the opportunity to present evidence to the court that nondisclosure of identifying information
is of greater benefit to the birth parent than disclosure to the adopted person.
• Any objection filed by the birth parent shall become invalid when withdrawn by the birth parent or when the birth parent dies.
Upon receipt of a death record for the birth parent, the agency shall release the identifying information to the adopted person if
requested.


Where the Information Can Be Located
Adoption Archive, Minnesota Department of Health (Child Safety and Permanency Division, Adoption Assistance Program)

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