How to Start the Adoption Process in Minnesota

At Shively Law Office, LLC, we are passionate about helping our fellow Minnesotans build a family through adoption. In this article, we want to provide adoptive parents a guide on what they can expect as they begin the adoption process in Minnesota.

Starting the Adoption Process in Minnesota

1. Check your residency status.

In order to file for adoption in Minnesota, you need to have lived in this state for a minimum of one year. There are a few special cases in which the length of residence can be reduced or waived for the child’s best interest, but that requires its own filing.

2. Arrange a Minnesota home study.

The Minnesota home study process is done by a licensed professional from a licensed child-placing agency who will:

• Complete at least one in-home visit with the prospective adoptive family.
• Arrange an Adam Walsh background check. This is a criminal background check looking for felony convictions or convictions, or charges relating to substantiated maltreatment.
• Complete a full medical and social history.
• Complete an assessment of what financial support can be provided and what will be needed.
• Complete an assessment on parenting skills and the prospective family’s understanding of general adoption issues (the form of this assessment will vary depending upon who you are adopting from; i.e., those looking to direct adopt from the hospital can expect different questions than those looking to adopt an older child within the foster care system).

Once all of the above is completed, the licensed professional undertaking the home study will write up a report which is filed with the court in conjunction with the adoption petition. The report must be available for review and submittal before a child can be placed in an adoptive home. Additionally, the Minnesota home study report is only valid for 12 months. After 12 months, if you have not filed for child placement, then you will need to have the home study report updated or completed anew.

3. Complete pre-adoption and foster care training.

This is a requirement if you are adopting from Minnesota foster care system but not necessarily a requirement for direct adoptions (although some adoption agencies will require it or have their own version). That said, we recommend everyone to go through this training for their own education.

4, Become matched with a Birth Mother.

Whether through a Parent Profile on an Agency website, your own networking, or word of mouth, there are many ways to be matched with a Birth Mother considering adoption.  Although Minnesota law prevents attorneys from being involved in matching activities, at Shively Law Office, we are ready and able to help you assess the legal risks or benefits of a potential match.

II. What is an Open Adoption?

Just a few short decades ago, the vast majority of adoptions were closed adoptions, in which there was no contact between birth parents and adoptive parents before, during, or after the pregnancy and no contact between the child and birth parent.

Much has changed since then. Today, most adoption and mental health professionals agree that some exchange of information is beneficial for all involved. Although open adoption is now common, the amount and type of communication between the parties varies as much as the parties themselves.

Open adoption may be informal or, in some states including Minnesota, it may be in the form of a legally enforceable agreement. Communication or contact between the parties may include anything from exchanging annual letters and pictures to periodic, in-person visits.

If the parties mutually agree to a legally enforceable contact agreement, it is important you work with an experienced adoption attorney in MN. Here at Shively Law Office, LLC, we get a lot of questions about whether prospective parents should agree to an open adoption and, if so, how much. Our extensive experience allows us to help guide you through the process and end up with an agreement you are comfortable and confident you can follow.

Contact Shively Law Office, LLC, for Adoption Process in MN information

Once you are matched with a Birth Mother, it is important to immediately contact an experienced attorney from Shively Law Office to guide you through the legal process.  Contact us today to get started!