Who May Adopt, Be Adopted, or Place a Child for Adoption - Minnesota

Date: January 2020

Who May Adopt

Citation: Ann. Stat. §§ 259.22; 259.21

Any person who has resided in the State for at least 1 year may adopt. The court may waive any residence requirement if the petitioner is an individual who is related to the child, a member of a child's extended family, or important friends with whom the child has resided or had significant contact.

The term 'petitioner' means a person with his or her spouse, if there is one, petitioning for the adoption of any person. In the case of adoption by a stepparent, the parent who is the stepparent's spouse shall not be required to join the petition.

Who May Be Adopted

Citation: Ann. Stat. § 259.22

Any child or adult may be adopted.

Who May Place a Child for Adoption

Citation: Ann. Stat. §§ 259.22; 259.47

A child must be placed by a licensed child-placing agency. An exception may be made if any of the following apply:

  • The child is age 14 or older.
  • The child is sought to be adopted by an individual who is related to the child.
  • The child has been lawfully placed under the laws of another State while the child and petitioner resided in that other State.
  • The court waives the requirement in the best interests of the child or petitioners.
  • The child has been lawfully placed by a parent or guardian in a direct placement.

Direct placement by a parent or guardian must be approved by the court and an adoption study must be completed.

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