What To Know About Minnesota’s New Law: A FAQ

As of July 1, 2024 Minnesota became the fifteenth state in the United States to affirm or restore the right of all adopted people to request and obtain their own original birth certificates (OBC). Here’s what the new law does plus how and when Minnesota-born adoptees and their families can apply for a copy of the OBC.

Does the new law apply to all adopted people born in Minnesota?

Yes. All Minnesota-born adopted people, who are at least 18 years of age, will have an unrestricted right to request and obtain their own original birth certificates.

Who else can apply for the OBC other than the adopted person?

The law also allows for “a person related to the adopted person” to apply for the adoptee’s original birth record so long as the adopted person is deceased. The law defines a “person related to the adopted person” as a “spouse, child, or grandchild of an adopted person” as well as the legal representative of the adopted person. The spouse, child, or grandchild must be at least 18 years of age.

Do all descendants of a deceased adoptee have a right to request a copy of their ancestor’s original birth record?

No. This law applies only to the adult children or grandchildren of the deceased adopted person and not to all descendants. Another part of the bill, however, provides that “[d]ata pertaining to the birth of a child that are not accessible to the public become public data if 100 years have elapsed since the birth of the child.” This provision, which is new, will make birth records of adopted people publicly available 100 years after their births (previous law, which this law changes, made records available 100 years after the date of the finalized adoption, which often made it difficult for many people to determine the actual date when records would become available).

What other documents or information could I receive when I apply for the original birth record?

You will likely receive several documents, though it depends on the circumstances of your adoption and whether a birthparent has filed any forms prior to your request for the record. In addition to a copy of the original birth record, you may also receive:

1. “evidence of the adoption previously filed with the State Registrar.” This almost always includes the order or report of adoption issued by a court after an adoption is finalized. What you receive as “evidence of the adoption” may vary depending on the year of the adoption, as documentation and other requirements in adoptions changed over the years.
2. a birthparent contact preference form that a birthparent may have filed;
3. information about the existence of an unrevoked consent to disclosure or of an affidavit of nondisclosure, including the name of the birthparent who filed the consent or affidavit. If a birthparent authorized the release of the birthparent’s address through a previously filed consent form, that information may also be provided.

I thought the law eliminates the use of consent and denial forms in releasing information and birth records. Does the law eliminate the use of those forms?

Yes, the new law sunsets the use of consent forms or affidavits of nondisclosure (sometimes called disclosure vetoes). They are no longer effective. While you receive information that a birthparent previously filed a disclosure veto, you will receive a copy of the original birth record.

What is a contact preference form and how does that affect the release of the original birth certificate?

A genuine contact preference form allows a birthparent listed on the original birth record to express a preference for any contact with the adopted person or the adopted person’s descendants. The form has three choices, and none of the choices will impact the release of the original birth record. Those choices include:

1. I would like to be contacted.
2. I would prefer to be contacted only through an intermediary.
3. I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the Minnesota Department of Health.

In addition, the contact preference form “shall include space where the birth parent may include information that the birth parent feels is important for the adopted person to know.”

BIRTHPARENT CONTACT PREFERENCE FORM

How much does it cost to apply for the original birth certificate?

It costs $40 to apply for a copy of the original birth record.

How long will it take to get the copy of the original birth certificate?

We do not yet have an estimate on this, though the law provides that “[a]ll procedures, fees, and waiting periods applicable to a nonadopted person’s request for a copy of a birth record apply in the same manner as requests” made by adopted people. Typically, however, it may take slightly longer for issuance of a copy of the original birth record because of the need to match the original record with the amended record and to provide any other documents that accompany the record (e.g., a birthparent contact preference form).

Will any information on the original birth record be changed or removed?

No. The law does not allow for anyone to change or remove information from the original birth record.

Will I get a certified copy of the original birth certificate?

No, the copy of the original birth record will not be certified. The law also specifically provides that:

The copy of the original birth certificate shall clearly indicate that it may not be used for identification purposes.

Does this new law have any impact on intercountry adoptees?

Yes. A specific provision in the law makes it easier for intercountry adoptees to obtain records related to their adoptions, if the adoption was finalized in Minnesota and a certificate of foreign birth was also issued. The law will provide for release of the order of adoption, a certificate of adoption, or a decree issued in the adoption, as filed with the state registrar. This may make it easier for intercountry adoptees to secure specific adoption-related records necessary to prove or secure US citizenship, rather than requiring a court petition to obtain the necessary records.

Where can I read the text of the new law?

You can find the relevant portions of the law here as a PDF, which is a portion of the much larger bill (SF2995) that contained these adoptee rights provisions. Once the law is in effect on July 1, 2024, the Minnesota page will also be updated to reflect the new law.

Courtesy of Adoptee Rights Law Center, where this FAQ was originally published.