Adopting a Child in Minnesota
Who can adopt in Minnesota, whose consent is needed, home studies, and how stepparent adoption works.
Short answer: Any person who has lived in Minnesota for one year or more may petition the district court to adopt; Minn. Stat. §§ 259.22, 259.24, 259.41
| Adoption requirements | Any person who has lived in Minnesota for one year or more may petition the district court to adopt; the court may reduce this to 30 days in the child's best interest, or waive it for relatives and others with significant ties to the child. Generally the child must have been placed by a licensed child-placing agency, with exceptions such as relative adoptions and children over 14. An approved adoption study (including an in-home visit and a background study of household members over 13) must be completed before placement. Both parents (and any guardian) must consent in writing before two witnesses, no sooner than 72 hours after birth, unless an exception applies; a child over 14 must also consent. A parent may withdraw consent for any reason within 10 working days. |
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| Stepparent adoption | For a stepparent adoption, the full adoption study is not required; a background study must be done on the stepparent and certain children in the home, initiated by the county social services agency unless a child-placing agency is involved. The noncustodial parent's written consent is required unless an exception applies (for example, the parent abandoned the child after notice, is not entitled to notice, or had rights terminated). That parent can withdraw consent within 10 working days by notifying the district court where the stepparent lives. A child over 14 must consent. |
Where to get help in Minnesota
More Minnesota divorce & family law
- Getting a Marriage License in Minnesota
- Guardianship of a Child or Adult in Minnesota
- Establishing Paternity in Minnesota
- Changing Your Name in Minnesota
- Child Custody Laws in Minnesota
- How Child Support Is Calculated in Minnesota
- Divorce Records in Minnesota
- Alimony and Spousal Support in Minnesota
- How to File for Divorce in Minnesota
- Legal Separation and Annulment in Minnesota
- All Minnesota divorce & family law rules
FAQ
What are the requirements to adopt a child in Minnesota?
Any person who has lived in Minnesota for one year or more may petition the district court to adopt; the court may reduce this to 30 days in the child's best interest, or waive it for relatives and others with significant ties to the child. Generally the child must have been placed by a licensed child-placing agency, with exceptions such as relative adoptions and children over 14. An approved adoption study (including an in-home visit and a background study of household members over 13) must be completed before placement. Both parents (and any guardian) must consent in writing before two witnesses, no sooner than 72 hours after birth, unless an exception applies; a child over 14 must also consent. A parent may withdraw consent for any reason within 10 working days.
How does stepparent adoption work in Minnesota?
For a stepparent adoption, the full adoption study is not required; a background study must be done on the stepparent and certain children in the home, initiated by the county social services agency unless a child-placing agency is involved. The noncustodial parent's written consent is required unless an exception applies (for example, the parent abandoned the child after notice, is not entitled to notice, or had rights terminated). That parent can withdraw consent within 10 working days by notifying the district court where the stepparent lives. A child over 14 must consent.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.