What if the biological parent lives in Minnesota but I live in another state?

Where the biological parent lives doesn't decide where you file; Minnesota's rules focus on where you, the adopting stepparent, live. If you live in another state, the first question is whether a Minnesota District Court is open to you at all, and that depends on your own residency.

Minnesota's residency rule. Under Minn. Stat. § 259.22, a person who has lived in Minnesota for one year or more may petition. The court may shorten that period to 30 days, and it may waive it for a stepparent. So if you live outside Minnesota, your residency, not the other parent's address, is what the court will look at. Whether the court would waive the period for your particular situation is a question for the District Court clerk in the Minnesota county you have in mind, or for an attorney.

If you do qualify to file in Minnesota, these points apply:

• Court: The case is filed in the Minnesota District Court.
• Home study: Minnesota waives the home study in stepparent adoptions (Minn. Stat. § 259.41).
• Child's consent: A child who is 14 or older must consent (Minn. Stat. § 259.24).
• Timeline: Stepparent adoptions in Minnesota typically take 3-6 months.
• Filing fee: The clerk in your county can confirm the current amount.

If you live in another state, a court in your home state may be the proper place to file, and its rules would apply instead of Minnesota's. We can't tell you from here which court is right for your family. An attorney, or the court clerk in the county where you live, can answer that for your situation.

The biological parent's role. The biological parent living in Minnesota affects practical questions, such as how that parent is notified, how consent is signed, and what happens if the parent can't be found or objects. Minnesota's abandonment period is 6 months (Minn. Stat. § 260C.301), but how it applies to a parent in your situation depends on the facts. Contested cases, unknown whereabouts, and any question about a parent who won't sign should go to a family law attorney and the court clerk before you file.

**Questions to settle before you start: