Adoption in MinnesotaMinnesota is the Land of 10,000 Lakes, and in-state only adoption. A person must be a resident of Minnesota for one year to adopt. Birth moms may receive financial support from Adoptive families for medical, legal, counseling, necessary living expenses (transportation, utilities, phone, meals, lodging) for up to 6 weeks postpartum. Fun fact: Minnesota is the home of Robert Zimmerman, aka Bob Dylan.
Home Study Providers in Minnesota
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Adoption Attorneys in Minnesota
Adoption Agencies in MN
AAAA Attorneys in MN
Academy of Adoption & Assisted Reproduction Attorneys
AttorneyMark D. Fiddler5200 Wllson Road, Suite 150
Edina, MN 55424Services Offered Contested Adoption, Domestic Adoption, Grandparent Representation, Interstate (ICPC) Adoption, Special Needs Children, LGBT Family Formation
AttorneyJody O. DeSmidt900 IDS Center, 80 South Eighth Street
Minneapolis, MN 55402Services Offered Assisted Reproduction, Contested Adoption, Domestic Adoption, Grandparent Representation, Interstate (ICPC) Adoption, Special Needs Children, LGBT Family Formation, Egg Donation, Embryo Donation, Sperm Donation, Surrogacy
AttorneyBrittany Shively111 Third Avenue South, Suite 360
Minneapolis, MN 55401Services Offered Domestic Adoption, Interstate (ICPC) Adoption
AttorneyGary A. Debele1400 Fifth Street Towers, 100 South Fifth Street
Minneapolis, MN 55402Services Offered Assisted Reproduction, Contested Adoption, Domestic Adoption, Grandparent Representation, Intercountry Adoption, Interstate (ICPC) Adoption, Mediation, Special Needs Children, LGBT Family Formation, Egg Donation, Embryo Donation, Sperm Donation, Surrogacy
Who’s Waiting to Adopt in Minnesota
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Traveling For Your Adoption in Minnesota
Length of ICPC
Minnesota participates in the Interstate Compact on the Placement of Children (ICPC) – a statutory agreement between all 50 states, the District of Columbia and the US Virgin Islands. The agreement governs the placement of children from one state into another state. It sets forth the requirements that must be met before a child can be placed out of state. The Compact ensures prospective placements are safe and suitable before approval, and it ensures that the individual or entity placing the child remains legally and financially responsible for the child following placement.
Adoption Law FAQ in Minnesota
Adoption Law Info
Who Can Adopt?
Any individual who has lived in Minnesota for at least 1 year may adopt.
Can out-of-state residents finalize an adoption?
No, except if related within 3 degrees or close family friend of child.
Can adopting parents use an adoption facilitator or another paid intermediary?
Yes, only the commissioner or a child-placing agency may act as an adoption facilitator. The childâs birth parent may aid in the placement of their child in a preadoptive home, but canât accept payment.
What birth parent expenses may be paid, and in what time period?
Medical, legal, counseling, necessary living (transportation, utilities, phone, meals, lodging. Birth mother must show loss of income or increased expenses due to pregnancy. All payments must be made through agency or attorney. Gifts or educational expenses prohibited. Payments for placement is a misdemeanor. Contract requiring birth mother to reimburse adoptive parent's expenses if adoption fails is void. Generally 6 weeks postpartum.
When does consent become irrevocable? If consent is revoked, is return to birth parent automatic?
10 days after signing. Return is automatic.
Qualifications for Adoptive Parents for adoption
Citation: Admin. Code R. 9560.0140
When determining the suitability of prospective adoptive parents, the child-placing agency shall consider at a minimum the following:
• The applicant shall be motivated to meet the childâs needs, emotionally mature with healthy interpersonal relationships, in good physical and mental health, and able to adequately support and parent a child in a healthy and emotionally secure environment.
• The applicant shall have the capacity to accept and incorporate into the family a child born to other parents and to assist the child in understanding the childâs genetic background and adoption.
• The applicant must not be delayed or denied the opportunity to adopt based on the race, color, or national origin of the applicant or the child involved.
Home Study Info
Elements of a Home Study for Adoption
Citation: Ann. Stat. §§ 259.41; 245C.33
The adoption study must include at least one in-home visit with the prospective adoptive parent. At a minimum, the study must document the following information about the prospective adoptive parent:
• A background study that includes:
o An assessment of the data and information provided by § 245C.33(4) to determine if the prospective adoptive parent and any other person older than age 13 living in the home has a felony conviction consistent with 42 U.S.C. § 671(a)(2)
o An assessment of the effect of any conviction or finding of substantiated maltreatment on the capacity of the prospective adoptive parent to safely care for and parent a child
• An assessment of the effect of any conviction or finding of substantiated maltreatment on the capacity of the prospective adoptive parent to safely care for and parent a child
• An assessment of potential parenting skills
• An assessment of ability to provide adequate financial support for a child
• An assessment of the level of knowledge and awareness of adoption issues including, where appropriate, matters relating to interracial, cross-cultural, and special needs adoptions
The adoption study is the basis for completion of a written report. The report must be in a format specified by the commissioner and must contain recommendations regarding the suitability of the subject of the study to be an adoptive parent.
The commissioner shall review the following information regarding the background study subject:
• Information from the child abuse and neglect registry for any State in which the subject has resided for the past 5 years
• Information from State and national crime information databases
Grounds for Withholding Approval for Adoption
Citation: Ann. Stat. § 259.41
A home study must not be approved if a background study reveals a felony conviction at any time for:
• Child abuse or neglect
• Spousal abuse
• A crime against children, including child pornography
• A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery
A home study must not be approved if a background study reveals a felony conviction within the past 5 years for physical assault or battery or a drug-related offense.
When Home Studies Must Be Completed for Adoption
Citation: Ann. Stat. § 259.41
An approved adoption study, completed background study, and written report must be completed before the child is placed in a prospective adoptive home. In an agency placement, the report must be filed with the court at the time the adoption petition is filed. In a direct adoptive placement, the report must be filed with the court in support of a motion for temporary preadoptive custody.
An agency may update an adoption study and report as needed, regardless of when the original study and report or most recent update was completed. An adoption study is valid if the report has been completed or updated within the previous 12 months.
Postplacement Study Requirements for Adoption
Citation: Ann. Stat. § 259.53
Upon the filing of a petition for adoption, the court shall immediately refer the petition to an agency for completion of a postplacement assessment and report.
The agency to which the petition has been referred shall conduct a postplacement assessment and file a report with the court within 90 days of receipt of a copy of the adoption petition. The assessment and report must evaluate the environment and antecedents of the child to be adopted, the home of the petitioners, and whether placement with the petitioners meets the needs of the child. The report must include a recommendation to the court as to whether the petition should or should not be granted.
In making evaluations and recommendations, the postplacement assessment and report must at least address the following:
• The level of adaptation by the prospective adoptive parents to parenting the child
• The health and well-being of the child in the prospective adoptive parentsâ home
• The level of incorporation by the child into the prospective adoptive parentsâ home, extended family, and community
• The level of inclusion of the childâs previous history into the prospective adoptive home, such as cultural or ethnic practices, or contact with former foster parents or biological relatives
No petition shall be granted until the child has lived for 3 months in the proposed home, subject to a right of visitation by the commissioner or an agency or their authorized representatives.