Legal Questions

Birthmother related questions

• Can a minor birthmother sign legal documents placing her child for adoption without her parents’ permission?
  A minor birthmother must have her parent(s) or guardian(s) also sign a consent to adoption. If a birthmother’s parent does not agree with her adoption plan, the court can appoint a Guardian Ad Litem to take the place of the parent. When a Guardian Ad Litem is appointed a court Termination of Parental Rights is completed. A birthmother does not necessarily need to attend this hearing.
   
• When does a birthmother actually sign the legal documents required for the adoption?
  A birthmother can not sign a Consent to Adoption until at least 72 hours aft the birth of the child. She must sign within 60 days of the adoptive parents taking the baby home.
   
• Can a birthmother change her mind after signing the legal Consent to Adoption?
  Yes, a birthmother can change her mind for up to 10 working days after she signs a Consent to Adoption. Once the 10 working days are up, she cannot change her mind unless she can prove to a court that her consent was obtained by fraud.
   
• Are birthmothers guaranteed communication with the adoptive family and child after the adoption is finalized?
  A Cooperative Agreement is completed between the birth and adoptive parents outlining what communication will happen in the coming years. This agreement can be turned into a legal agreement if the birthmother requests a Contact Agreement, which is written by an attorney based on the Cooperative Agreement and signed by the judge at the time the adoption is finalized.
   
• Can a birthmother anonymously place her child for adoption?
  Yes, Minnesota has a law which allows a birthmother to leave a newborn child at a hospital without having to give any information about herself or being charged with child abandonment. (See Safe Place for Newborns Law)
   
• What expenses can the adoptive parent pay on behalf of the birth mother and child?
  Adoptive parents are allowed to pay for uninsured medical costs for the birth mother and baby. They can also pay for reasonable living expenses that are needed to maintain an adequate standard of living. A birth mother may not be able to maintain her standard of living due to a loss of income or other support resulting from the pregnancy. She can ask for living expenses for any period during the pregnancy, but for no longer than six weeks after the birth. Adoptive parents can also cover reasonable expenses for transportation, meals and lodging incurred for placement of the child or in order to receive counseling, legal or medical services related to the pregnancy, birth or placement.
  
  A birthmother who has received financial assistance from the adoptive parents and then changes her mind and does not proceed with an adoption, is not liable to repay adoptive parents for any expenses they paid on her behalf.
  
  It is a gross misdemeanor for any one to give, or for a birth parent to accept, money or anything of value, or compensation in exchange for the placement of a child for adoption. A birth parent can not be paid for time, pain or suffering.

Birthfather related questions

• What if the birthmother refuses to give the name of the baby’s father?
  By law she does not have to name him.
   
• Does the father of the baby have to be notified of the birth and the mother’s adoption plan?
  A birthfather who has taken legal responsibility for a child must be notified of an adoption plan. Generally, he has taken responsibility if he is married to the birthmother, appears on the baby’s birth certificate, has completed a paternity test which confirms he is the child’s father, or a court has issued a paternity order saying he is the father.
  
  If a birthfather has not taken legal responsibility for the child, he is not entitled to notification of the birth or adoption plan unless he registers on the Father’s Adoption Registry.
   
• Does a baby’s father have to sign a Consent to Adoption?
  No, if the baby’s father does not assert his legal rights by establishing paternity he does not have to be involved in adoption planning or does not have to sign the Consent to Adoption.
   
• What happens if the birthmother does not know who the baby’s father is?
  She is not required to name who she thinks might be the baby’s father. It is the responsibility of the possible father to come forward to assert his rights. He can register with the Father’s Adoption Registry if he wants notice of an adoption plan.
   
• Can a minor birthfather sign legal documents placing his child for adoption without his parents’ permission?
  A minor father (who is presumed to be the baby’s father) must have his parents or guardians also sign a Consent to Adoption. If no parent or guardian is available or they do not agree with the adoption plan, the court can appoint a Guardian Ad Litem to take the place of the parent. When a Guardian Ad Litem is appointed a court Termination of Parental Rights is completed. A birthfather does not necessarily need to attend this hearing.
   
• Can a birthfather change his mind after signing the legal consents to the adoption?
  Yes, the birthfather can change his mind for up to 10 working days after he signs a Consent to Adoption. Once the 10 working days are up, he cannot change his mind unless he can prove to a court that his consent was obtained by fraud.
   
• What happens if the husband of the birthmother is not the baby’s father?
  Anytime a birthmother is married her husband is automatically the legal father of the child. A birthmother’s husband must either sign a Consent to Adoption or have his parental rights terminated by a court, even if he is not the baby’s biological father. A birthmother’s husband would sign a Statement of Non-Paternity if he was not the baby’s biological father.

Adoptive parent related questions

• Who can be an adoptive parent and who selects them?
  A person, either married or single, who has had an adoption home study done by a licensed adoption agency can adopt a child. Birthparents can choose to select the adoptive parents of her/their child.
   
• What information about the birthparents and the child must be provided to the adoptive parents?
  The birthparent must provide the adoptive parents with a detailed social and medical history of their family, if known. This must be provided on a form prepared by the Commissioner of Human Services.
   
• What procedures are followed to ensure that adoptive parents are fit to adopt a child?
  An adoption study is required by law which requires criminal and social service background checks, medical information, financial statements, and interviews with the adoptive parent(s). The adoption study must be done by a licensed adoption agency worker and a summary is provided to the court when a petition for adoption is filed.
   
• Can potential adoptive parents have the child placed with them prior to the actual court procedures?
  An agency can place a child with the adoptive parent(s) by having them sign a “placement agreement”.
   
• When is the adoption final?
  The adoption is final when a court hearing is held and the court signs a Decree of Adoption. This hearing cannot occur until the child has been in the care of the adoptive parent(s) for at least 3 months.