Rule 33.03 - Execution of Consent to AdoptionSubd. 1. Requirements of Consent.
(a)Generally. Except as provided in subdivision 3, all consents to an adoption shall: (2) be executed before two competent witnesses;(3) be acknowledged by the consenting party;(4) include a notice to the parent of the substance of Minnesota Statutes § 259.24, subd. 6a, providing for the right to withdraw consent; and(5) include the following written notice in all capital letters at least one-eighth inch high: "The agency responsible for supervising the adoptive placement of the child will submit your consent to adoption to the court. If you are consenting to adoption by the child's stepparent, the consent will be submitted to the court by the petitioner in your child's adoption. The consent itself does not terminate your parental rights. Parental rights to a child may be terminated only by an adoption decree or by a court order terminating parental rights. Unless the child is adopted or your parental rights are terminated, you may be asked to support the child."
(b)Child Under Guardianship of Commissioner of Human Services. Pursuant to Minnesota Statutes § 260C.515, subd. 3, consents for children under the guardianship of the commissioner of human services shall: (1) be on a form prescribed by the commissioner of human services;(2) be executed before two competent witnesses;(3) be confirmed by the consenting parent before the court or executed before the court; and(4) include notice that the consent is irrevocable upon acceptance by the court and shall result in an order that the child is under the guardianship of the commissioner of human services, unless: (a) fraud is established and an order is issued permitting revocation for fraud pursuant to Minnesota Statutes § 260C.515, subd. 3(2)(i), and § 259.24; or(b) the matter is governed by the Indian Child Welfare Act, 25 U.S.C. § 1913(c).Subd. 2. Consents Taken Outside of Minnesota. A consent executed and acknowledged outside of Minnesota, either in accordance with the law of this state or in accordance with the law of the place where executed, is valid.
Subd. 3. Exceptions to Consent Requirements. The requirements of subdivision 1 do not apply to:
(a) consents to adoption given by: (1) the Commissioner of Human Services, when required by Minnesota Statutes § 259.24, subd. 2;(2) a licensed child-placing agency;(4) the child's parent in a petition for adoption by a stepparent; or(5) a parent or legal guardian when executed, together with a waiver of notice of hearing, before a judicial officer;(b) a Minnesota Fathers' Adoption Registry consent to adoption; or(c) consent to the adoption of an Indian child.