The Rights of Unmarried Parents - Minnesota

Date:

Definitions

Citation: Ann. Stat. §§ 257.52; 257.55

The term 'parent and child relationship' means the legal relationship existing between a child and the child's biological or adoptive parents on which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.

A person is presumed to be the biological other parent of a child if any of the following apply:

  • The person and the child's birth parent are or have been married to each other and the child is born during the marriage or within 280 days after the marriage is terminated.
  • Before the child's birth, the person and the child's birth parent have attempted to marry each other, although the attempted marriage is or could be declared invalid, and either of the following apply:
    • If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage or within 280 days after its termination.
    • If the attempted marriage is invalid without a court order, the child is born within 280 days after the termination of cohabitation.
  • After the child's birth, the person and the child's birth parent have married or attempted to marry, although the attempted marriage is or could be declared invalid, and any of the following:
    • They have acknowledged parentage of the child in writing filed with the State Registrar of Vital Statistics.
    • With their consent, they are named as the child's other parent on the child's birth record.
    • They are obligated to support the child under a written voluntary promise or by court order.
  • While the child is a minor, they receive the child into their home and openly hold out the child as their biological child.
  • They and the child's birth parent acknowledge their parentage of the child in a writing that is signed by both and filed with the State registrar.

Use of Parentage Registries

Citation: Ann. Stat. § 259.52

The Commissioner of Health shall establish a fathers' adoption registry for the purpose of determining the identity and location of a putative other parent interested in a minor child who is, or is expected to be, the subject of an adoption proceeding to provide notice of the adoption proceeding to the putative other parent who is not otherwise entitled to notice.

Alternate Means to Establish Parentage

Citation: Ann. Stat. §§ 257.57; 257.62

A child, the child's birth parent, or a person presumed to be the child's other parent may bring an action to do either of the following:

  • At any time for the purpose of declaring the existence of the parent and child relationship
  • For declaring the nonexistence of the parent and child relationship, only if the action is brought within 2 years after the person bringing the action has reason to believe that the presumed parent is not the other parent of the child, but no later than 3 years after the child's birth

The court may, and upon request of a party shall, require the child, other parent, or alleged other parent to submit to blood or genetic tests. A birth parent or alleged other parent requesting the tests shall file with the court an affidavit either alleging or denying parentage and setting forth facts that establish the reasonable possibility that there was, or was not, the requisite sexual contact between the parties.

If the results of blood or genetic tests indicate that likelihood of the alleged other parent's parentage is 99 percent or greater, there is an evidentiary presumption that the alleged other parent is the genetic parent. A determination that the alleged other parent is the genetic parent does not preclude the adjudication of another person as the legal parent.

Required Information

Citation: Ann. Stat. § 259.52

The fathers' adoption registry must contain the following information:

  • With respect to the putative other parent, the following:
    • Their name, including any other names by which they may be known
    • The address at which they may be served with notice of a petition, including any change of address
    • Their Social Security number, if known
    • Their date of birth
    • If applicable, a certified copy of an order by a court of another State or territory of the United States adjudicating the putative other parent to be the parent of this child
  • With respect to the child's birth parent, the following:
    • Their name, including all other names known to the putative other parent by which the birth parent may be known
    • If known to the putative other parent, their last address
    • Their Social Security number, if known
    • Their date of birth
  • If known to the putative other parent, the name, gender, place of birth, and date of birth or anticipated date of birth of the child
  • The date that the Commissioner of Health received the putative other parent's registration
  • Other information the commissioner determines by rule is necessary for the orderly administration of the registry

Revocation of Claim to Parentage

Citation: Ann. Stat. § 257.57, Subd. 2

The child, the birth parent, personal representative of the child, the public authority chargeable by law with the support of the child, or a person alleged to be the other parent may bring an action for the purpose of declaring the nonexistence of the parent and child relationship if the action is brought as follows:

  • Within 6 months after the person bringing the action obtains the results of blood or genetic tests that indicate that the presumed other parent is not the genetic parent of the child
  • Within 3 years after the party bringing the action has been provided the blood or genetic test results
  • By the minor signatory within 6 months after the minor signatory reaches age 18

Access to Information

Citation: Ann. Stat. § 259.52

The commissioner shall notify the child's birth parent whenever a putative other parent has registered with the father's adoption registry. Notice shall be sent to the name and address submitted by the putative other parent.

Data in the fathers' adoption registry, including all data provided in requesting the search of the registry, are private data on individuals and are nonpublic data. Data in the registry may be released to the following:

  • A person who is required to search the registry if the data relate to the child who is or may be the subject of the adoption petition
  • The birth parent of the child listed on the putative other parent's registration form
  • A public authority responsible for child support enforcement
  • An attorney who has signed an affidavit from the commissioner attesting that the attorney represents the birth parent or the prospective adoptive parents