§Subdivision 1.Best interests of the child.
(a) The policy of the state of Minnesota is to ensure that the best interests of the child are met by requiring individualized determination of the needs of the child and of how the adoptive placement will serve the needs of the child.
(b) Among the factors the agency shall consider in determining the needs of the child are those specified under section 260C.193, subdivision 3, paragraph (b).
(c) Except for emergency placements provided for in section 142B.06, a completed background study is required under section 245C.33 before the approval of an adoptive placement in a home.
§Subd. 2.Placement with relative or friend.
The authorized child-placing agency shall consider placement, consistent with the child's best interests and in the following order, with (1) a relative or relatives of the child, or (2) an important friend with whom the child has resided or had significant contact. In implementing this section, an authorized child-placing agency may disclose private or confidential data, as defined in section 13.02, to relatives of the child for the purpose of locating a suitable adoptive home. The agency shall disclose only data that is necessary to facilitate implementing the preference.
If the child's birth parent or parents explicitly request that placement with a specific relative or important friend not be considered, the authorized child-placing agency shall honor that request if it is consistent with the best interests of the child and consistent with the requirements of sections 260C.212, subdivision 2, and 260C.221.
If the child's birth parent or parents express a preference for placing the child in an adoptive home of the same or a similar religious background to that of the birth parent or parents, the agency shall place the child with a family that meets the birth parent's religious preference.
This subdivision does not affect the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
Notes of Decisions
Cited in
16
cases, 1960–2010 · leading case:
Toombs v. Daniels, 361 N.W.2d 801 (Minn. 1985).
Toombs v. Daniels, 361 N.W.2d 801 (Minn. 1985).
· cites it 16× “Minn.Stat. § 259.29, subd. 1, provides: Upon adoption, the child shall become the legal child of the adopting persons and *807 they shall become the legal parents of the child with all the rights and duties between them of natural parents and legitimate child.”
Matter of Trust Created Under Agreement With McLaughlin, 361 N.W.2d 43 (Minn. 1985).
· cites it 8× “From 1951 to 1979 Minn.Stat. § 259.29 (1978) provided in part: After a decree of adoption is entered the natural parents of an adopted child shall be relieved of all parental responsibilities for the child, and they shall not exercise or have any rights over the adopted child or…”
Matter of Welfare of HGB, 306 N.W.2d 821 (Minn. 1981).
· cites it 4× “Laws 365 (amending Minn.Stat. §§ 259.29, 260.015,.111, .131, .”
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. § 259.29 (1953) (excepting only stepparent adoption by the married spouse of the child’s parent from rule that every adoption automatically extinguishes all preexisting parental relationships between the natural parents and adopted child).”
In Re the Welfare of D.L., 479 N.W.2d 408 (Minn. Ct. App. 1992).
· cites it 4× “See Minn. Stat. § 259.29 , subd. 1 (1990). Accordingly, our supreme court has not recognized a near relative preference in adoption proceedings.”
Dahle v. Aetna Cas. & Sur. Ins. Co., 352 N.W.2d 397 (Minn. 1984).
· cites it 2× “, Minn.Stat. § 259.29, subd. 1 (1982), which provides in part that "[u]pon adoption, the child shall become the legal child of the adopting persons and they shall become the legal parents of the child with all the rights and duties between them of natural parents and legitimate…”
In Re the Welfare of R.A.N., 435 N.W.2d 71 (Minn. Ct. App. 1989).
· cites it 2× “Minn.Stat. § 259.29, subd. 1 (1986). Because Daniel Wersal has no individual visitation right with R.”
In Re the Welfare of A.M.P., 507 N.W.2d 616 (Minn. Ct. App. 1993).
· cites it 2× “Minn.Stat. § 259.29, subd. 1 (1992). This serves the commendable purpose of giving finality to adoption.”
In Re Est. of Braa, 452 N.W.2d 686 (Minn. 1990).
· cites it 2× “Minn.Stat. § 259.29 (1953) provided that an adopted child “shall inherit from his adoptive parents or their relatives the same as though he were the legitimate child of such parents * * *.”
Bakke v. Bakke, 351 N.W.2d 387 (Minn. Ct. App. 1984).
· cites it 2× “2d 677, 680 (1960); Minn.Stat. § 259.29 (1982). DECISION We reverse and remand the case to the trial court with instructions to modify the decree to require Arlan Bakke to pay $275 per month child support.”
In Re Est. of Carlson, 457 N.W.2d 789 (Minn. Ct. App. 1990).
· cites it 4× “In 1951, Minn.Stat. § 259.29 was enacted. See 1951 Minn.”
Berston v. Minnesota Dep't of Pub. Welfare, 206 N.W.2d 28 (Minn. 1973).
· cites it 2× “" Similarly, § 259.29, dealing with the effect of adoption, provides: "Upon adoption, such child shall become the legal child of the persons adopting him, and they shall become his legal parents with all the rights and duties between them of natural parents and legitimate child.”
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