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Minnesota

Adopting a child involves a number of often-complicated procedures and requirements, such as background checks, interviews, and matching children with prospective parents. As with other family-related legal matters, adoption is regulated at the state level. State adoption laws don't differ too much, but the process itself is unique to each state and requires close scrutiny. Also, the profound emotional component of adopting a child into your home can't be overstated.

Adoption in Minnesota

The state of Minnesota allows any individual to be adopted, although children 14 and older must consent to the adoption in writing. To adopt a child, you must have lived in the state for at least one year. However, this requirement may be reduced to 30 days or waived altogether if it's in the child's best interests.

Like most states, Minnesota requires prospective parents to take part in an adoption home study and background check. Minnesota also requires a three-month home residency before the adoption is finalized; but this, too, may be waived by the court in some circumstances. Adults also may be adopted in Minnesota by giving written consent to the prospective parent, which establishes the right to inherit.

Minnesota Adoption Laws at a Glance

It's always important to read the actual text of a statute when conducting legal research. But, since statutes are usually written in legal jargon, it can also be helpful to read an overview in plain English. In the following table, you can find an overview of adoption laws in Minnesota as well as links to relevant statutes.

Statute(s)

Minnesota Statutes, Public Welfare and Related Activities (Ch. 245-267), Chapter 259, Section 259.20, et seq. (Adoption)

Who May Be Adopted

Any person

When is Child's Consent Needed?

14 years and older

Who May Adopt?

Any person who's resided in the state for more than one year, unless length of residence is reduced to 30 days in child's best interest or waived altogether.

State Agency/Court Responsible for Adoptions

The Minnesota Department of Human Services and the Minnesota Judicial Branch are the government bodies involved in adoptions.

Related Statute(s)

Minnesota Statutes, Public Welfare and Related Activities (Ch. 245-267):

  • Chapter 257, Section 257.74 (Adoption; Termination Proceedings)
  • Chapter 259A, Section 259A.01, et seq. (Adoption Assistance)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Minnesota Adoption Laws: Related Resources

If you'd like additional information or resources related to this topic, please visit the links listed below.

Looking to Adopt in Minnesota? Consult with a Local Attorney First

If you or someone you love is going through the adoption process, you'll want a strong legal advocate on your side to help you through the paperwork, home visits, and more. Adoption can be a tricky process and it's important to get it done right from the very beginning. Make sure the process is legit; contact an experienced Minnesota adoption attorney today.

From FindLaw  Created by FindLaw's team of legal writers and editors.

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