§Subdivision 1.Terms.
For the purposes of sections 259.21 to 259.63 the terms defined in this section shall have the meanings respectively ascribed to them.
§Subd. 2.Child.
"Child" means a person under the age of 18 years.
§Subd. 2a.Adult adoption.
"Adult adoption" means the adoption of a person at least 18 years of age.
§Subd. 3.Parent.
"Parent" means the natural or adoptive parent of a child.
§Subd. 4.Guardian.
"Guardian" means a guardian of the ward appointed by a court of competent jurisdiction.
§Subd. 5.Commissioner.
"Commissioner" means the commissioner of children, youth, and families of the state of Minnesota.
§Subd. 6.Agency.
"Agency" means an organization or department of government designated or authorized by law to place children for adoption or any person, group of persons, organization, association or society licensed or certified by the commissioner of children, youth, and families to place children for adoption, including a Minnesota federally recognized tribe.
§Subd. 7.Petitioner.
"Petitioner" means a person with spouse, if there be one, petitioning for the adoption of any person or persons pursuant to sections 259.21 to 259.63. In the case of adoption by a stepparent, the parent who is the stepparent's spouse shall not be required to join the petition.
§Subd. 8.Placement.
"Placement" means the transfer of physical custody of a child from a birth parent or legal guardian to a prospective adoptive home.
§Subd. 9.Placement activities.
"Placement activities" means any of the following:
(1) placement;
(2) arranging or providing short-term foster care pending an adoptive placement;
(3) facilitating placement by maintaining a list in any form of birth parents or prospective adoptive parents;
(4) collecting health and social histories of a birth family;
(5) conducting an adoption study;
(6) witnessing consents to an adoption; or
(7) engaging in any activity listed in clauses (1) to (6) for purposes of fulfilling any requirements of the interstate compact on the placement of children.
§Subd. 10.Direct adoptive placement.
"Direct adoptive placement" means the placement of a child by a birth parent or legal guardian other than an agency under the procedure for adoption authorized by section 259.47.
§Subd. 11.Working day.
"Working day" means Monday through Friday, excluding any holiday as defined under section 645.44, subdivision 5.
§Subd. 12.Putative father.
"Putative father" means a man who may be a child's father, but who:
(1) is not married to the child's mother on or before the date that the child was or is to be born; and
(2) has not established paternity of the child according to section 257.57 in a court proceeding before the filing of a petition for the adoption of the child.
"Putative father" includes a male who is less than 18 years old.
Notes of Decisions
Heidbreder v. Carton, 645 N.W.2d 355 (Minn. 2002).
· cites it 4× “Minn.Stat. § 259.21, subd. 12 (2000). [3] These two statutes were later recodified at Minn.”
In the MATTER OF the Application of J.M.M. O/B/O Minors for a Change of Name, 890 N.W.2d 750 (Minn. Ct. App. 2017).
· cites it 2× “” Minn. Stat. § 259.21 , subd. 3 (2016). However, a natural father is not entitled to notice of a hearing on a petition to adopt a child if the father has not been named on the child’s birth record, has not substantially supported the child, was not married to the natural mother…”
Sherman v. Bureau of Catholic Charities, 63 N.W.2d 573 (Minn. 1954).
· cites it 8× “We are concerned with these issues: (1) Whether the term guardian as defined in § 259.21, subd. 4 (enacted in 1951), embraces within its meaning the custodial guardianship resulting from a final committal of dependent or neglected children to the care of an accredited…”
Adoption of T.A.M. ex rel. J.M.J. v. L.A.M., 791 N.W.2d 573 (Minn. Ct. App. 2010).
· cites it 2× “”); Minn.Stat. § 259.21, subd. 7 (1953) (“ ‘Petitioner’ means a person and his spouse, if there be one, petitioning for the adoption of any person.”
Tibbetts v. Crossroads, Inc., 411 N.W.2d 535 (Minn. Ct. App. 1987).
· cites it 2× “The adoption statutes, Minn.Stat. §§ 259.21 et seq., contemplate that a licensed adoption agency must conduct a thorough investigation to ascertain whether a prospective parent is fit to adopt a child and whether the adoption would be in the best interests of the child.”
In Re Adoption of Anderson, 50 N.W.2d 278 (Minn. 1951).
“508, and supplanted by sections coded as §§ 259.21 to 259.32. [4] Those who find the English language inadequate may prefer Expressio unius est exclusio alterius.”
In Re Welfare of Shady, 118 N.W.2d 449 (Minn. 1962).
“This definition is the same as under the adoption laws, § 259.21, subd. 3. That the putative father of an illegitimate child is considered to be a parent is evidenced from the adoption statutes, § 259.”
In Re Welfare of Zink, 119 N.W.2d 731 (Minn. 1963).
“§ 259.21, subd. 3. 11 Compare the suggestion of the U.”
Berston v. Minnesota Dep't of Pub. Welfare, 206 N.W.2d 28 (Minn. 1973).
· cites it 2× “" Because § 259.21, subd. 2, defines "child" as "a person under the age 21 years," these sections which refer only to "child" adoptions arguably do not apply to adult adoptions.”
Mower Cnty. Human Servs. Ex Rel. Garcia v. Graves, 611 N.W.2d 386 (Minn. Ct. App. 2000).
· cites it 2× “218, § 7; see also Minn.Stat. § 259.21, subd. 12 (1998) (defining "putative father” as a person who is not married to the child's mother before the child is born and who has not established paternity of the child in a court proceeding before the filing of a petition for the…”
DeGrande v. Demby, 529 N.W.2d 340 (Minn. Ct. App. 1995).
· cites it 2× “See Minn. Stat. § 259.21 -.49 (1992). As the majority's decision in this case demonstrates, however, the two procedures have the same effect when the putative father is not actually the father.”
In re M.O., 838 N.W.2d 577 (Minn. Ct. App. 2013).
“The legislature addressed the subject by stating, “Any order, judgment, or decree of a court pursuant to the provisions of sections 259.21 to 259.63 may be appealed by any person against whom the order, judgment, or decree is made or who is affected by it as in other civil cases.”
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