HF 890

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/15/2010 01:17pm

A bill for an act
relating to children; modifying and clarifying provisions governing parentage
presumptions and right to custody; providing for prebirth parentage orders or
judgments in certain cases; amending Minnesota Statutes 2008, sections 257.54;
257.541, subdivision 1; 257.55, subdivision 1; 257.57, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 257.54, is amended to read:

257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED.

new text begin Subdivision 1. new text end

new text begin General. new text end

The parent and child relationship between a child and:

(a) the biological mother may be established by proof of her having given birth to
the child, or under sections 257.51 to 257.74 or 257.75;

(b) the biological father may be established under sections 257.51 to 257.74 or
257.75; or

(c) an adoptive parent may be established by proof of adoption.

new text begin Subd. 2. new text end

new text begin Application of paternity provisions to maternity determinations.
new text end

new text begin Provisions of sections 257.51 to 257.74 or 257.75 relating to determinations of paternity,
including all presumptions and procedures, apply to determinations of maternity.
new text end

Sec. 2.

Minnesota Statutes 2008, section 257.541, subdivision 1, is amended to read:

Subdivision 1.

Mother's right to custody.

new text begin (a) new text end The biological mother of a child born
to a mother who was not married to the child's father when the child was born and was not
married to the child's father when the child was conceived has sole custody of the child
until paternity has been established under sections 257.51 to 257.74, or until custody is
determined in a separate proceeding under section 518.156.

new text begin (b) This subdivision does not apply in a contested paternity or maternity proceeding
if the pregnancy was initiated by means other than sexual intercourse pursuant to an
express written agreement among all known presumptive parents, entered into prior to
the initiation of the pregnancy, under which another woman is identified as the intended
mother.
new text end

Sec. 3.

Minnesota Statutes 2008, section 257.55, subdivision 1, is amended to read:

Subdivision 1.

Presumption.

A man is presumed to be the biological father of
a child if:

(a) he and the child's biological mother 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
by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of
legal separation is entered by a court. The presumption in this paragraph does not apply if
the man has joined in a recognition of parentage recognizing another man as the biological
father under section 257.75, subdivision 1a;

(b) before the child's birth, he and the child's biological mother have attempted to
marry each other by a marriage solemnized in apparent compliance with law, although the
attempted marriage is or could be declared void, voidable, or otherwise invalid, and:

(1) 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 by death,
annulment, declaration of invalidity, dissolution or divorce; or

(2) if the attempted marriage is invalid without a court order, the child is born within
280 days after the termination of cohabitation;

(c) after the child's birth, he and the child's biological mother have married, or
attempted to marry, each other by a marriage solemnized in apparent compliance with
law, although the attempted marriage is or could be declared void, voidable, or otherwise
invalid, and:

(1) he has acknowledged his paternity of the child in writing filed with the state
registrar of vital statistics;

(2) with his consent, he is named as the child's father on the child's birth record; or

(3) he is obligated to support the child under a written voluntary promise or by
court order;

(d) while the child is under the age of majority, he receives the child into his home
and openly holds out the child as his biological child;

(e) he and the child's biological mother acknowledge his paternity of the child in a
writing signed by both of them under section 257.34 and filed with the state registrar of
vital statistics. If another man is presumed under this paragraph to be the child's father,
acknowledgment may be effected only with the written consent of the presumed father or
after the presumption has been rebutted;

(f) he and the child's biological mother have executed a recognition of parentage
in accordance with section 257.75 and another man is presumed to be the father under
this subdivision;

(g) he and the child's biological mother have executed a recognition of parentage in
accordance with section 257.75 and another man and the child's mother have executed a
recognition of parentage in accordance with section 257.75; deleted text begin or
deleted text end

(h) he and the child's biological mother executed a recognition of parentage in
accordance with section 257.75 when either or both of the signatories were less than
18 years of age new text begin ; or
new text end

new text begin (i) the pregnancy was initiated by means other than sexual intercourse and he
intended at the outset of the process to be the legal parent of any resulting child, pursuant
to an express written agreement among all known presumptive parents entered into prior
to initiation of the pregnancy.
new text end

Sec. 4.

Minnesota Statutes 2008, section 257.57, subdivision 5, is amended to read:

Subd. 5.

Action brought before birth of child.

new text begin (a) Except as provided in paragraph
(b), new text end if an action under this section is brought before the birth of the child, all proceedings
shall be stayed until after the birth, except service of process and the taking of depositions
to perpetuate testimony.

new text begin (b) The court may enter a prebirth order or judgment to establish paternity or
maternity before the birth of the child if the pregnancy was initiated by means other
than sexual intercourse. The order or judgment may be issued by the court ex parte
without an appearance by the parties or their attorneys if the parties have filed a verified
petition and stipulation requesting the order or judgment and an affidavit attesting that
the pregnancy resulted from a means other than sexual intercourse. For proceedings
under this paragraph, a background study under section 245C.33, the appointment of a
guardian ad litem under section 257.60, a background study under section 259.41, a search
of the fathers' adoption registry under section 259.52, or an assessment and report under
section 259.53 is not required.
new text end

Sec. 5. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment and apply to
proceedings pending on or commenced on or after that date.
new text end