How do I establish paternity in Minnesota?
Minnesota paternity law is in the Minnesota Parentage Act, Minn. Stat. Ch. 257.
1. Recognition of Parentage (ROP)
Form MDH-VR-008-13 is signed by both parents at the hospital or later through the Office of Vital Records (MDH), notarized, and filed with the Minnesota Department of Health. Under Minn. Stat. § 257.75, subd. 3 the ROP "has the force and effect of a judgment or order determining the existence of the parent-child relationship." Either signer may revoke within the earlier of 60 days or the date of an administrative or judicial proceeding. After 60 days, the ROP may only be vacated under Minn. R. Civ. P. 60.02 for fraud, duress, or material mistake of fact (§ 257.75, subd. 4).
2. Court-Ordered Paternity
A parentage action under Minn. Stat. § 257.57 may be filed by the child, mother, alleged father, public-authority agency, personal representative, or an interested party in the district court of the county where the child resides. Under Minn. Stat. § 257.62 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion of any party; a 99% probability creates a rebuttable presumption (§ 257.62, subd. 5).
3. Presumption of Paternity
Under Minn. Stat. § 257.55, subd. 1 a man is presumed the father if married to the mother at birth or within 280 days before, married after birth and acknowledged parentage in writing, received the child into his home and openly held the child out as his natural child, or pursuant to § 257.62. Presumptions may be rebutted only by clear and convincing evidence (§ 257.55, subd. 2).
4. Effects of Establishing Paternity
Triggers child-support liability under Minn. Stat. Ch. 518A and the Minnesota Child Support Guidelines, opens custody and parenting time under Ch. 518, vests intestate inheritance under Minn. Stat. § 524.2-114, and supports a birth-certificate amendment through MDH Vital Records (MDH-VR-008-15).
5. Special Situations
Same-sex spouses are presumed parents post-Obergefell. Donor non-parentage is recognized under Minn. Stat. § 257.56. Minnesota has no comprehensive surrogacy statute but district courts issue parentage orders. The holding-out presumption is heavily litigated.
This is legal information, not legal advice.
- ROP vacatur petition under Minn. R. Civ. P. 60.02 after the 60-day window
- Competing presumptions under § 257.55, subd. 2 between a holding-out father and a husband
- Surrogacy parentage order in a Minnesota district court
- Minn. Stat. § 257.55
- Minn. Stat. § 257.56
- Minn. Stat. § 257.57
- Minn. Stat. § 257.62
- Minn. Stat. § 257.75
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.