Minn. R. Adop. P. 31.01

As amended through October 28, 2024
Rule 31.01 - Notice

Subd. 1. Definition. A notice of hearing is a document providing notice of the specific date, time and place of a hearing or trial upon an adoption petition.

Subd. 2. Upon Whom.

(a)Generally. Except as provided in paragraph b, the petitioner shall serve a notice of hearing and adoption petition upon:
(1) all parties under Rule 20;
(2) the parent of a child if:
(i) the person's name appears on the child's birth record as a parent;
(ii) the person has substantially supported the child;
(iii) the person either was married to the person designated on the birth record as the biological mother within the 325 days before the child's birth or married that person within the ten (10) days after the child's birth;
(iv) the person is openly living with the child or the person designated on the birth record as the biological mother of the child, or both;
(v) the person has been adjudicated the child's parent;
(vi) the person has filed a paternity action within thirty (30) days after the child's birth and the action is still pending; or
(vii) the person and the mother of the child signed a declaration of parentage before August 1, 1995, which has not been revoked or a recognition of parentage which has not been revoked or vacated;
(3) a person who has timely registered pursuant to Minnesota Statutes § 259.52;
(4) the responsible social services agency;
(5) any parent who has abandoned the child or who has lost custody of the child through a divorce decree or dissolution of marriage; and
(6) the child's Indian tribe, if the child is an Indian child.
(b)Child Under Guardianship of Commissioner of Human Services. For a child under the guardianship of the commissioner of human services, the court administrator shall serve a notice of hearing and petition, unless service of the petition has already been accomplished, upon:
(1) the child's tribe if the child is an Indian child;
(2) the responsible social services agency;
(3) the child's guardian ad litem;
(4) the child, if the child is age ten or over;
(5) the child's attorney;
(6) the adopting parent; and
(7) the county attorney.

Minn. R. Adop. P. 31.01