Minn. R. Adop. P. 45.01

As amended through October 28, 2024
Rule 45.01 - Dismissal and Denial of Adoption Petition

If the court finds that the consent of the adult person to be adopted is not valid, the court shall deny the petition. The court may dismiss an adoption petition if appropriate legal grounds have not been proved. In the case of a child under the guardianship of the commissioner of human services, the court shall dismiss the petition if the petitioner is not a party to a fully executed adoption placement agreement. If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and:

(a) order that the child be returned to the custody of the person or agency legally vested with permanent custody; or
(b) in the case of a child under the guardianship of the commissioner of human services, order the responsible social services agency to take appropriate action for the protection and safety of the child and notify the court responsible for conducting review hearings under Minnesota Statute § 260C.607, which shall set a hearing within thirty (30) days of receiving notice of the denial of the petition; or
(c) order the case transferred for appropriate action and disposition by the court having jurisdiction to determine the custody and guardianship of the child.

Minn. R. Adop. P. 45.01