What are the adoption laws in Minnesota?

Minnesota adoption law is found in Minnesota Statutes Chapter 259, and a stepparent adoption is filed with the District Court in your county. It covers stepparent adoptions and adult adoptions, and the main rules are below.

Where you file: Minnesota has 87 counties, and each has a District Court. For an adult adoption, the county where the person adopting lives is the proper county. For a child's adoption, the clerk in your county can confirm where to file and what the filing fee is.

Residency: The general rule is one year of Minnesota residence under Minn. Stat. § 259.22. The court may shorten that to 30 days, and it may waive the requirement for a stepparent. The statute says any person who has lived in the state for one year or more may petition, and it states no minimum age for the adopting person.

Consent of an older child: A child who is 14 or older has a role in the consent process under Minn. Stat. § 259.24. Who else must consent depends on your family's facts, so ask the clerk or an attorney about your situation.

Abandonment: Minnesota uses a six-month period under Minn. Stat. § 260C.301. Whether it applies to you depends on your circumstances. If a biological parent is absent, unknown or likely to object, talk to an attorney about that specific issue.

Home study: Minnesota waives the home study for stepparent adoptions under Minn. Stat. § 259.41. This is one reason stepparent adoptions are usually simpler than other kinds.

Timeline: A stepparent adoption in Minnesota typically takes about 3-6 months. An adult adoption typically takes about 4-8 weeks.

Adult adoption: Minnesota allows it. Under Minn. Stat. § 259.241, a Minnesota resident may petition to adopt someone 18 or older.

• The adult's written consent is the only consent required.
• If the petitioner is married, the spouse also signs the petition.
• The adult's consent is not valid if they are a "vulnerable adult" or not competent to consent. A person in extended foster care