Rule 35.01 - Who May Petition; Residency of PetitionerSubd. 1. Who May Petition.
(a)Generally. The adopting parent may petition for adoption of the child.(b)Child Under Guardianship of Commissioner of Human Services. The responsible social services agency may petition for the adopting parent to adopt a child who is under the guardianship of the commissioner of human services. The petition shall contain or have attached a statement certified by the adopting parent that the adopting parent desires that the relationship of parent and child be established between the adopting parent and the child and that adoption is in the best interests of the child. An adopting parent must be at least 21 years of age at the time the adoption petition is filed unless the adopting parent is an individual related to the child as defined under Rule 2.01. Subd. 2. Residency Requirement.
(a)Child Not Under Guardianship of the Commissioner of Human Services. Any person who has resided in the state for one (1) year or more may petition to adopt.(b)Child Under Guardianship of the Commissioner of Human Services. An adopting parent for a child under state guardianship may reside within or outside the state of Minnesota. Subd. 3. Exception to Residency Requirement. The one (1) year residency requirement may be reduced to thirty (30) days by the court in the best interests of the child. The court may waive any residency requirement of this rule if the petitioner is an individual related to the child, as defined in Rule 2.01(19), or as a member of a child's extended family or important friend with whom the child has resided or had significant contact or, upon a showing of good cause, the court is satisfied that the proposed adoptive home and the child are suited to each other.