Subd. 1. Case Caption.
(a) Generally. In all adoption proceedings, except as otherwise stated in this subdivision, the case caption shall be "In Re the Petition of _____ and _____ (petitioners) to adopt _____ (child's birth name)." In proceedings commenced before the birth of the child being adopted, the case shall be "In Re the Petition of _____ and _____ (petitioners) to adopt _____ (unborn child of _____ )."(b)Child Under Guardianship of Commissioner of Human Services. The petition shall be captioned in the legal name of the child as that name is reflected on the child's birth record prior to adoption and shall be entitled "Petition to Adopt Child under the Guardianship of the commissioner of human services." The actual name of the child shall be supplied to the court by the responsible social services agency if unknown to the individual with whom the agency has made the adoptive placement. Subd. 2. Allegations. An adoption petition may be filed regarding one or more children, shall be verified by the petitioner upon information and belief, and shall allege:
(a) the full name, age, and place of residence of the adopting parent, except as provided in Rule 7;(b) if married, the date and place of marriage of the adopting parents, and the name of any parent who will retain legal rights;(c) the date the petitioner acquired physical custody of the child and from what person or agency or, in the case of a stepparent adoption or adoption by an individual related to the child as defined in Rule 2.01(19), the date the petitioner began residing with the child;(d) the date of birth of the child, if known, and the county, state, and country where born;(e) the name of the child's parents, if known, and the legal custodian or legal guardian if there be one;(f) the actual name of the child, if known, and any known aliases;(g) the name to be given the child, if a change of name is desired;(h) the description and value of any real or personal property owned by the child;(i) the relationship of the adopting parent to the child, if any;(j) whether the Indian Child Welfare Act does or does not apply;(k) the name and address of the parties identified in Rule 20;(l) whether the child has been placed with petitioner for adoption by an agency and, if so, the date of the adoptive placement; and(m) that the petitioner desires that the relationship of parent and child be established between petitioner and the child, and that it is in the best interests of the child to be adopted by the petitioner. Subd. 3. Exception to Content. In agency placements, the information required in subdivision 2(e) and (f) shall not be required to be alleged in the petition but shall be provided to the court by the agency responsible for the child's adoptive placement. In the case of an adoption by a stepparent, the parent who is the stepparent's spouse shall not be required to join the petition.
Subd. 4. Attachments. The following shall be filed with the petition:
(a) the adoption study report required under Rule 37 and Minnesota Statutes § 259.41;(b) any biological parent social and medical history required under Minnesota Statutes § 259.43 and § 260C.609, except if the petitioner is the child's stepparent;(c) the request, if any, under Rule 38.04 to waive the post-placement assessment report and background check;(d) in the case of a child under the guardianship of the commissioner of human services, a document prepared by the petitioner that establishes who must be given notice of the proceeding under Minnesota Statutes § 260C.627, subd. 1, that includes the names and mailing addresses of those to be served by the court administrator;(e) proof of service, except in the case of a petition for a child under guardianship of the commissioner of human services under Minnesota Statutes § 260C.623; and(f) in the case of a child under the guardianship of the commissioner of human services, the adoption placement agreement required under Minnesota Statutes § 260C.613, subd. 1. Subd. 5. Other Documents to be Filed. The petitioner, or the responsible social services agency in the case of a child under the guardianship of the commissioner of human services, shall file the following documents prior to finalization of the adoption:
(a) a certified copy of the child's birth record;(b) a certified copy of the findings and order for termination of parental rights, if any, or an order accepting the parent's consent to adoption and for guardianship to the commissioner of human services under Minnesota Statutes § 260C.515, subd. 3;(c) a copy of the communication or contact agreement, if any;(d) certification that the Minnesota Fathers' Adoption Registry has been searched as required under Rule 32;(e) the original of each consent to adoption required under Rule 33, if any, unless the original was filed in the permanency proceeding conducted under Minnesota Statutes § 260C.515, subd. 3, and the order filed under clause (b) has a copy of the consent attached; and(f) the post-placement assessment report required under Rule 38. Subd. 6. Missing Information. If any information required by subdivision 2 or 3 is unknown at the time of the filing of the petition, as soon as such information becomes known to the petitioner it shall be provided to the court and parties either orally on the record, by affidavit, or by amended petition. If presented orally on the record, the court shall annotate the petition to reflect the updated information.
Subd. 7. Acceptance Despite Missing Information. The court administrator shall accept a petition for filing even if, on its face, the petition appears to be incomplete or does not include all information specified in subdivision 2 and 3. The presiding judge shall determine whether the petition complies with the requirements of these rules.
Amended effective 7/1/2015.