Rule 33.01 - Persons and Agencies Required to ConsentSubd. 1. Generally. Except as provided in subdivision 2, witten consent to an adoption is required by the following:
(a) the child to be adopted, if the child is fourteen (14) years of age or older, and the child's consent must be consent to adoption by a particular person;(b) the adult to be adopted, whose consent shall be the only consent required;(c) a registered putative father, if pursuant to Rule 32 he has:(1) been notified under the Minnesota Fathers' Adoption Registry;(2) timely filed an intent to claim parental rights form; and(3) timely filed a paternity action;(d) the child's parents or legal guardian, except: (1) a parent not entitled to notice of the proceedings;(2) a parent who has abandoned the child or a parent who has lost custody of the child through a divorce decree or a decree of dissolution and upon whom notice has been served as required under Rule 31; and(3) a parent whose parental rights to the child have been terminated by a juvenile court order or through a decree in a prior adoption matter; and(e) if there is no parent or legal guardian qualified to consent to the adoption, the consent shall be given by the agency having authority to place the child for adoption, which shall have the exclusive right to consent to the adoption of such child. Subd. 2. Child Under Guardianship of Commissioner of Human Services.
(a) Any consent by a parent whose rights to the child have not been terminated shall be pursuant to Minnesota Statutes § 260C.515, subd. 3, and that consent shall be irrevocable upon acceptance by the court except as otherwise provided in Minnesota Statutes § 260C.515, subd. 3(2)(i). A parent of an Indian child may consent to the adoption of the child according to the Indian Child Welfare Act, 25 U.S.C § 1913, and that consent may be withdrawn for any reason at any time before the entry of a final decree of adoption.(b) When the child to be adopted is age fourteen (14) years or older, the child's written consent to adoption by the adopting parent is required.(c) Consent by the responsible social services agency or the commissioner of human services is not required because the adoptive placement has been made by the responsible social services agency according to Minnesota Statutes § 260C.613, subd. 1.2004 Advisory Committee Comment
The Advisory Committee recommends that, with respect to a parent who has abandoned the child or a parent who has lost custody of the child through a divorce decree or a decree of dissolution, it is best practice to either obtain a parent's consent as provided under Rule 31 or to commence a termination of parental rights proceeding pursuant to the Minnesota Rules of Juvenile Protection Procedure.
2014 Advisory Committee Comment
When a child, age 14 or older, is under the guardianship of the commissioner of human services, the child must give consent to adoption by the particular person seeking to adopt the child. The child may not withhold "general consent" to the responsible social services agency working to find an appropriate adoptive home and making reasonable efforts to finalize adoption. See Minnesota Statutes § 260C.605, subd. 2. .