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Minnesota does not set a minimum age for the person who adopts. The statute says that "any person who has resided in the state for one year or more may petition" (Minn. Stat. § 259.22, subd. 1). It names no minimum age, and we found no required age gap between the adult and the person being adopted. If you are very young or the age difference is small, ask the District Court clerk in your county how the court handles that, or talk with an attorney about your situation.
What matters more than your age: residency. Minnesota's rule is about how long you have lived in the state.
- The general residency period is 1 year (Minn. Stat. § 259.22).
- The court may shorten it to 30 days.
- The court may waive it for a stepparent.
If the child is 14 or older. Minnesota has a consent rule tied to the child's age. The child's consent is addressed in Minn. Stat. § 259.24, and the age in our records is 14. Ask the clerk how it applies to your family.
If you are considering adopting an adult. Minnesota allows it, and 18 is the age at which a person counts as an adult adoptee.
- The statute says, "Any adult person may be adopted, regardless of the adult person's residence" (Minn. Stat. § 259.241).
- The person adopting must be a Minnesota resident.
- No relationship is required, and there is no age gap.
- The adult's written consent is the only consent required from the adoptee (Minn. Stat. § 259.24, subd. 4).
- If the petitioner is married, the spouse also signs the petition.
- The consent is not valid if the adoptee is a "vulnerable adult" or is not competent to consent. There is an exception for a person in extended foster care, if the court finds them competent.
- An adoption study and background study are not needed for an adult adoption (Minn. Stat. § 259.41).
Where you file. You file in the District Court of the county where you live. Minnesota has 87 counties, and filing fees and local procedures can differ. The clerk can tell you the current fee.
Other steps for a stepparent adoption.
- The home study is waived for stepparent adoptions (Minn. Stat. § 259.41).
- Stepparent adoptions typically take 3-6 months, and adult adoptions 4-8 weeks.
- Situations involving a parent who cannot be found, or a parent who objects, depend heavily on the facts. Those are best discussed with an attorney or the court clerk.
How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The price is $349 for the first child (or for one adult adoptee) and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 189 Minnesota families, and more than 34,000 families nationally since 2001.
Stepparent adoption in Minnesota at a glance
- Court
- District Court
- Residency before filing
- 1 year (the court may shorten it to 30 days, and may waive it for a stepparent)
- Typical timeline
- 3-6 months
- Child must consent at age
- 14
- Home study
- Usually waived for stepparents
- Minnesota families we've helped
- 189
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Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.
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