Can I adopt my stepchild who was born in another country in Minnesota?

Yes. You can pursue a stepparent adoption in Minnesota for a stepchild who was born in another country, and you file it in the District Court in your county. Minnesota's adoption rules are in Minnesota Statutes Chapter 259. Some details, such as foreign records and immigration, depend on your family's facts, and those are covered below.

The Minnesota basics that apply to your family:

• Court: The case is filed in District Court. Minnesota has 87 counties, and you file in the county where you live.
• Residency: Minnesota's general rule is 1 year of residence (Minn. Stat. § 259.22). The court may shorten that to 30 days, and may waive it for a stepparent.
• Child's consent: If your stepchild is 14 or older, their consent is part of the process (Minn. Stat. § 259.24).
• Home study: It is waived for stepparent adoptions (Minn. Stat. § 259.41).
• Timeline: Stepparent adoptions in Minnesota typically take 3-6 months.

The other birth parent: Where a child was born doesn't change the fact that the other legal parent's role has to be addressed. Minnesota's abandonment period is 6 months (Minn. Stat. § 260C.301). If the other parent lives overseas, can't be located, or may not agree, the right approach depends on your facts. Please ask the District Court clerk in your county or an attorney about that specific situation.

Foreign birth records: You'll likely need your stepchild's birth certificate from their country of birth. Whether the court wants an English translation, or any other proof of identity or parentage, is something the District Court clerk in your county can confirm. After the adoption, the Minnesota Office of Vital Records is the agency to contact about records. Ask them what they can issue for a child born abroad.

Immigration and citizenship: An adoption order and a child's immigration status are separate questions. If your stepchild's citizenship or residency status is part of why you're adopting, talk with an immigration attorney about how the two fit together. The clerk's office can answer court filing questions, but not immigration ones.

Court fees: Filing fees are set by the court. The District Court clerk in your county can tell you the current amount and how to pay it.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.