Minn. R. Adop. P. 35.04

As amended through October 28, 2024

Rule 35.04 - Conditions for Filing Petition for Adoption of a Child; Exceptions

Subd. 1. Generally. No petition for adoption of a child may be filed unless the adoptive placement of the child was made by:

(a) the responsible social services agency as agent of the commissioner of human services; or

(b) a child placing agency as defined in Rule 2.01(10).

Subd. 2. Exceptions. The requirements of subdivision 1 shall not apply if:

(a) the child is over fourteen (14) years of age;

(b) the petitioner is an individual who is related to the child as defined in Rule 2.01(19);

(c) the child has been lawfully placed under the laws of another state while the child and the petitioner resided in that state;

(d) the court waives the requirement of subdivision 1 in the best interests of the child and the placement is not made by transfer of physical custody of the child from a biological parent or legal guardian to the prospective adoptive home; or

(e) the child has been lawfully placed pursuant to an order for direct placement pursuant to Rule 29.

Minn. R. Adop. P. 35.04

2014 Advisory Committee Comment
Agency placement cannot be waived for children under the guardianship of the commissioner of human services. Under Minnesota Statutes § 260C.613, the responsible social services agency has exclusive authority to make an adoptive placement. An adoptive placement is made through a fully executed adoption placement agreement between the adopting parent, the responsible social services agency and the commissioner. The agency's adoptive placement can be challenged in a motion under Minnesota Statutes § 260C.607, subd. 6, and if the prevailing party is not the adopting parent party to the adoption placement agreement, the court may order the agency to make the adoptive placement in the home of the prevailing party.