| Minn. Stat. § 259.57
Minnesota
Statutes
Public Welfare and Related Activities
Chapter
259. Change of Name, Adoption Adoption
259.57. Hearing, decree
Subdivision
1. Findings; orders.
Upon the hearing,
(a)
if the court finds that it is in the best interests of the child that
the petition be granted, a decree of adoption shall be made and recorded
in the office of the court administrator, ordering that henceforth the
child shall be the child of the petitioner. In the decree the court may
change the name of the child if desired. After the decree is granted the
court administrator shall immediately mail a copy of the recorded decree
to the commissioner of human services;
(b)
if the court is not satisfied that the proposed adoption is in the best
interests of the child, the court shall deny the petition, and shall order
the child returned to the custody of the person or agency legally vested
with permanent custody or certify the case for appropriate action and
disposition to the court having jurisdiction to determine the custody
and guardianship of the child.
Subd.
2. Protection of child's best interests.
(a) The policy of the state of Minnesota is to ensure that the best interests
of children are met by requiring an individualized determination of the
needs of the child and how the adoptive placement will serve the needs
of the child.
(b)
Among the factors the court shall consider in determining the needs of
the child are those specified under section 260C.193, subdivision 3, paragraph
(b).
(c)
In reviewing adoptive placement and in determining appropriate adoption,
the
court shall consider placement, consistent with the child's best interests
and in the following order, with (1) a relative or relatives of the child,
or (2) an important friend with whom the child has resided or had significant
contact. Placement of a child cannot be delayed or denied based on race,
color, or national origin of the adoptive parent or the child. Whenever
possible, siblings should be placed together unless it is determined not
to be in the best interests of a sibling.
(d)
If the child's birth parent or parents explicitly request that relatives
and important friends not be considered, the court shall honor that request
consistent with the best interests of the child.
If the child's birth parent
or parents express a preference for placing the child in an adoptive home
of the same or a similar religious background to that of the birth parent
or parents, the court shall place the child with a family that also meets
the birth parent's religious preference. Only if no family is available
as described in clause (a) or (b) may the court give preference to a family
described in clause (c) that meets the parent's religious preference.
(e)
This subdivision does not affect the Indian Child Welfare Act, United
States Code, title 25, sections 1901 to 1923, and the Minnesota Indian
Family Preservation Act, sections 260.751 to 260.835.
Subd.
3. Compliance with Indian Child Welfare Act.
The provisions of this chapter must be construed consistently with the
Indian Child Welfare Act of 1978, United States Code, title 25, sections
1901 to 1963.
CREDIT(S)
Amended by Laws 1997,
c. 86, § 10, eff. May 7, 1997; Laws 1999, c. 139, art. 4, §
2.
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