Frequently Asked Questions

MN law requires that adoptions be filed in court so that the best interests of the child can be protected. An adoption involves much more than filing papers with the court, and the exact steps you need to follow and the papers you need to file depend on the type of adoption you are filing. Generally, the steps of the court process include:

The adoption case is filed with the juvenile court in the county where the petitioner(s) lives;
Petitioner(s) must file a petition (and written consents or other documents depending on the type of adoption) and a proposed adoption decree;
A home study and background check is done of the petitioner(s);
There is a hearing before a judge; and
If the judge grants the petition, the court issues an adoption decree (court order for adoption).

There may be other steps and requirements that you will need to follow. If you have questions about the procedures in your case, it is a good idea to talk to a lawyer.

The following is a brief summary of some, but not all, of the legal impacts of adoption:

The person being adopted, whether they are a minor or an adult, becomes the legal child of the adopting parent. The adopting parent becomes the legal parent of the person being adopted, with all the rights and responsibilities that come with being a legal parent.
As a result of the adoption, the adoptee (the person being adopted) will have the same right to inherit from the adoptive parent(s) as a birth child.
The adoption can end the parent-child relationship between the adoptee and one or both of their birth parents. If the petitioner is a stepparent, the legal relationship between the biological parent and the adult adoptee will not be affected, so long as the biological parent is included as a co-petitioner.
The adoption can end the sibling relationship between the adoptee and their biological siblings, unless otherwise stated in the court order.

Your options may depend on if paternity has been established.

If you think you may be the father of a child born to a woman who is not your wife, but paternity has not yet been established by a Recognition of Parentage form or court order, you can register with the MN Father's Adoption Registry. The Registry makes it possible for you to be notified if a petition to adopt the child is filed in a MN court. You must register no later than 30 days after the child's birth. If it has been more than 30 days, you should talk to a lawyer. You can also visit the Paternity Help Topic page for more information about establishing paternity.

If paternity has already been established either through a Recognition of Parentage form or court order, the adoption process requires the petitioner to serve any existing legal parent with court paperwork so they are notified of the court proceedings and have an opportunity to object to the adoption. The MN Judicial Branch does not publish forms for objecting to an adoption.

Whether paternity has been established or not, if your child is involved in adoption proceedings, you should talk to a lawyer.

Yes, as long as you meet MN’s residency requirements. The petitioner in an adoption case generally must have lived in MN for at least one year in order to file in MN. However, the court can modify (change) or waive the residency requirement in certain situations, such as when it would be in the best interests of the child or the petitioning adoptive parent is a family member of the child. See Minn. Stat § 259.22, subd. 1.

Adoption