Minn. R. Adop. P. 34.01

As amended through October 28, 2024

Rule 34.01 - Persons Who May Enter Into a Communication or Contact Agreement

Subd. 1. Parties to Agreement for Child under Guardianship of the Commissioner of Human Services. A communication or contact agreement for children under the guardianship of the commissioner of human services under Minnesota Statutes § 260C.619 shall be in writing and may be entered into between the following persons:

(a) an adopting parent and a birth parent;

(b) an adopting parent and any relative, including a sibling, or foster parent with whom the child resided before being adopted; or

(c) an adopting parent and any adult sibling of the child or the parent or legal custodian of a sibling of the child, if the child is a minor.

Subd. 2. Parties to Agreement for a Child Not under Guardianship of the Commissioner of Human Services. If the child is not under the guardianship of the commissioner, the adoptive parents and a birth relative or foster parents may enter into an agreement regarding communication with or contact between an adopted minor, adoptive parents, and a birth relative or foster parents pursuant to Minnesota Statutes § 259.58 and § 260C.619. An agreement may be entered between:

(a) adoptive parents and a birth parent;

(b) adoptive parents and any other birth relative or foster parents with whom the child resided before being adopted; or

(c) adoptive parents and any other birth relative if the child is adopted by a birth relative upon the death of both birth parents.

Subd. 3. Approval. The court shall not issue a communication or contact order unless the agreement has been approved as follows:

(a) The responsible social services agency, the prospective adoptive parents or adoptive parents, and any birth parent, birth relative, foster parent, adult sibling, or legal custodian of the child's siblings who desire to be a party to the agreement shall approve, in writing, any agreement involving a child under the guardianship of the commissioner of human services.

(b) A child placing agency shall approve, in writing, any agreement involving a child under its legal custody or guardianship.

(c) A biological parent shall approve in writing an agreement between an adopting parent and any other birth relative or foster parent, unless an action has been filed against the biological parent by a county under Minnesota Statutes Chapter 260C.

An agreement under this subdivision need not disclose the identity of the parties to be legally enforceable, and when the identity of the parties to the agreement is not disclosed, data about the identities in the adoption file shall remain confidential.

Minn. R. Adop. P. 34.01

2004 Advisory Committee Comment
For siblings who grow up in foster care under the guardianship of the Commissioner of Human Services, a communication or contact agreement may be one way to ensure the children are able to maintain their sibling relationship.