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A Guide to Minnesota Adoption Laws

Adoption laws in the U.S. are individually established by each state. This means that Minnesota adoption laws will be unique from any other state’s laws. For this reason, it’s recommended for an adoption professional to guide you through the legal processes of adopting a child in Minnesota to protect the legality of your adoption.

If you work with a national adoption agency like American Adoptions, as many adoptive families do, you’ll likely adopt outside of Minnesota state lines. The adoption laws within an expectant mother’s home state will vary from the adoption laws in Minnesota, and you’ll need your adoption professional to guide you through both states’ individual sets of adoption laws.

Call 1-800-ADOPTION to request free information about Minnesota adoption with our agency. The information below will also be helpful in providing you with an outline of the domestic adoption laws in Minnesota that can affect how you adopt a child in Minnesota.

*It should be noted that the following information is not a substitute for legal advice. Contact your adoption attorney if you have any legal concerns.*

Who Can Adopt in Minnesota?

Minnesota adoption laws simply state that anyone who has resided in the state for at least one year may adopt. This requirement of residence may be waived by the court in some circumstances.

However, individual adoption professionals often have their own requirements that prospective adoptive parents must meet. Adoption requirements for adoptive parents vary between different types of adoption as well as different adoption professionals.

However, anyone who wishes to adopt in Minnesota must first be approved to adopt by a MN-licensed home study provider, regardless of the type of adoption or adoption professional used. Your home study will require background checks, home inspections, family interviews, adoption training courses and more.

Who Can Be Adopted in Minnesota?

Any child or adult may be adopted, according to Minnesota adoption laws.

Before a minor may be adopted in Minnesota, their biological parents must first terminate their legal parental rights. Consent may not be issued by the biological parents until at least 72 hours after the birth of a baby, and consent becomes irrevocable after 10 days in Minnesota.

Any person who is 14 years old or older must consent to being adopted in Minnesota.

Minnesota Adoption Laws about Advertising

Although the use of advertisement is not directly addressed in adoption laws in MN, the state’s laws do say that it’s illegal for anyone other than licensed human services departments or agencies to complete placement services for birth or adoptive parents in Minnesota.

Minnesota Adoption Laws about Birth Parent Expenses

Adoption laws in Minnesota dictate the type of financial adoption assistance provided to prospective birth parents, including the amount and duration of time that prospective birth parent expenses may be offered. Minnesota allows for the following “reasonable” expenses to be paid for on behalf of prospective birth parents:

  • Counseling, medical, and legal fees

  • Transportation, food, and housing costs associated with the adoption

  • Adoption services provided by the adoption professional

  • Living expenses of the birth mother to cope with loss of income as a result of her pregnancy

In MN, payments for living expenses may not extend beyond six weeks after the birth of the baby, unless otherwise specified by the court.

Payment in any form, including gifts or anything of value, in exchange for the placement of a child into an adoption is illegal.

In the event of a disrupted adoption, American Adoptions financially protects adoptive parents through our unique Risk-Sharing Program, which, unlike other agencies, reimburses any lost expenses paid in a disrupted adoption situation.

To find out which MN adoption laws may impact your adoption, and to learn more about the adoption laws in Minnesota, please speak with a local adoption attorney. To learn more about American Adoptions' programs, call us now at 1-800-ADOPTION.

Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.

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