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HF 1719

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/14/2018 12:25pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to paternity; modifying the statute of limitations for nonpaternity actions;
providing procedures for actions to declare nonpaternity; amending Minnesota
Statutes 2016, sections 257.57, subdivisions 1, 2, by adding a subdivision; 257.75,
subdivision 4; 518.145, subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 257.57, subdivision 1, is amended to read:


Subdivision 1.

Actions under section 257.55, subdivision 1, paragraph (a), (b), or
(c).

A child, the child's biological mother, or a man presumed to be the child's father under
section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:

(1) at any time for the purpose of declaring the existence of the father and child
relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or

(2) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action
is brought within deleted text begin twodeleted text end new text begin threenew text end years after the person bringing the action has reason to believe
that the presumed father is not the father of the childdeleted text begin , but in no event later than three years
after the child's birth
deleted text end . However, if the presumed father was divorced from the child's mother
and if, on or before the 280th day after the judgment and decree of divorce or dissolution
became final, he did not know that the child was born during the marriage or within 280
days after the marriage was terminated, the action is not barred until deleted text begin one year after the child
reaches the age of majority or one year
deleted text end new text begin three yearsnew text end after the presumed father knows or
reasonably should have known of the birth of the childdeleted text begin , whichever is earlierdeleted text end . After the
presumption has been rebutted, paternity of the child by another man may be determined
in the same action, if he has been made a party.

Sec. 2.

Minnesota Statutes 2016, section 257.57, subdivision 2, is amended to read:


Subd. 2.

Actions under other paragraphs of section 257.55, subdivision 1.

The child,
the mother, or personal representative of the child, the public authority chargeable by law
with the support of the child, the personal representative or a parent of the mother if the
mother has died or is a minor, a man alleged or alleging himself to be the father, or the
personal representative or a parent of the alleged father if the alleged father has died or is
a minor may bring an action:

(1) at any time for the purpose of declaring the existence of the father and child
relationship presumed under sections 257.55, subdivision 1, paragraph (d), (e), (g), or (h),
and 257.62, subdivision 5, paragraph (b)deleted text begin , or the nonexistence of the father and child
relationship presumed under section 257.55, subdivision 1, clause (d)
deleted text end ;

(2) new text begin for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (d), only if the action is brought
within three years from when the presumed father began holding the child out as his own;
new text end

new text begin (3) new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is
brought within deleted text begin six monthsdeleted text end new text begin three yearsnew text end after the person bringing the action deleted text begin obtains the results
of blood or genetic tests that indicate that the presumed father is not the father of the child
deleted text end new text begin
has reason to believe that the presumed father is not the biological father
new text end ;

deleted text begin (3)deleted text end new text begin (4)new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.62, subdivision 5, paragraph (b), only if the action is brought
within three years after the party bringing the action, or the party's attorney of record, has
been provided deleted text begin the blood ordeleted text end genetic test results; or

deleted text begin (4)deleted text end new text begin (5)new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.75, subdivision 9, only if the action is brought by the minor
signatory within deleted text begin six monthsdeleted text end new text begin three yearsnew text end after thenew text begin youngestnew text end minor signatory reaches the age
of 18new text begin or three years after the person bringing the action has reason to believe that the father
is not the biological father of the child, whichever is later
new text end . deleted text begin In the case of a recognition of
parentage executed by two minor signatories, the action to declare the nonexistence of the
father and child relationship must be brought within six months after the youngest signatory
reaches the age of 18.
deleted text end

Sec. 3.

Minnesota Statutes 2016, section 257.57, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Nonexistence of father-child relationship. new text end

new text begin (a) An action to declare the
nonexistence of the father-child relationship must be personally served on all parties and
meet the requirements of either subdivision 1 or 2. An action must be brought by a petition,
except that a motion may be filed in an underlying action regarding parentage, custody, or
parenting time.
new text end

new text begin (b) An action to declare the nonexistence of the father-child relationship cannot proceed
if the court finds that in a previous proceeding:
new text end

new text begin (1) the father-child relationship was contested and a court order determined the existence
of the father-child relationship; or
new text end

new text begin (2) the father-child relationship was determined based upon a court order as a result of
a stipulation or joint petition of the parties.
new text end

new text begin (c) Nothing in this subdivision precludes a party from relief under section 518.145,
subdivision 2, clauses (1) to (3), if applicable, or the Minnesota Rules of Civil Procedure.
new text end

new text begin (d) In evaluating whether or not to declare the nonexistence of the father-child
relationship, the court must consider, evaluate, and make written findings on the following
factors:
new text end

new text begin (1) the length of time between the paternity adjudication or presumption of paternity
and the time that the moving party knew or should have known that the presumed or
adjudicated father might not be the biological father;
new text end

new text begin (2) the length of time during which the presumed or adjudicated father has assumed the
role of father of the child;
new text end

new text begin (3) the facts surrounding the moving party's discovery of the presumed or adjudicated
father's possible nonpaternity;
new text end

new text begin (4) the nature of the relationship between the child and the presumed or adjudicated
father;
new text end

new text begin (5) the current age of the child;
new text end

new text begin (6) the harm or benefit that may result to the child if the court ends the father-child
relationship of the current presumed or adjudicated father;
new text end

new text begin (7) the nature of the relationship between the child and any presumed or adjudicated
father;
new text end

new text begin (8) the parties' agreement to the nonexistence of the father-child relationship and
adjudication of paternity in the same action;
new text end

new text begin (9) the extent to which the passage of time reduces the chances of establishing paternity
of another man and a child support order for that parent;
new text end

new text begin (10) the likelihood of adjudication of the biological father if not already joined in this
action; and
new text end

new text begin (11) any additional factors deemed to be relevant by the court.
new text end

new text begin (e) The burden of proof shall be on the petitioner to show by clear and convincing
evidence that, after consideration of the factors in paragraph (d), declaring the nonexistence
of the father-child relationship is in the child's best interests.
new text end

new text begin (f) The court may grant the relief in the petition or motion upon finding that:
new text end

new text begin (1) the moving party has met the requirements of this section;
new text end

new text begin (2) the genetic testing results were properly conducted in accordance with section 257.62;
new text end

new text begin (3) the presumed or adjudicated father has not adopted the child;
new text end

new text begin (4) the child was not conceived by artificial insemination that meets the requirements
under section 257.56 or that the presumed or adjudicated father voluntarily agreed to the
artificial insemination; and
new text end

new text begin (5) the presumed or adjudicated father did not act to prevent the biological father of the
child from asserting his parental rights with respect to the child.
new text end

new text begin (g) Upon granting the relief sought in the petition or motion, the court shall order the
following:
new text end

new text begin (1) the father-child relationship has ended and the presumed or adjudicated father's
parental rights and responsibilities end upon the granting of the petition;
new text end

new text begin (2) the presumed or adjudicated father's name shall be removed from the minor child's
birth record and a new birth certificate shall be issued upon the payment of any fees;
new text end

new text begin (3) the presumed or adjudicated father's obligation to pay ongoing child support shall
be terminated, effective on the first of the month after the petition or motion was served;
new text end

new text begin (4) any unpaid child support due prior to service of the petition or motion remains due
and owing absent an agreement of all parties including the public authority or the court
determines other relief is appropriate under the Rules of Civil Procedure; and
new text end

new text begin (5) the presumed or adjudicated father has no right to reimbursement of past child support
paid to the mother, the public authority, or any other assignee of child support.
new text end

new text begin The order must include the provisions of section 257.66 if another party to the action is
adjudicated as the father of the child.
new text end

Sec. 4.

Minnesota Statutes 2016, section 257.75, subdivision 4, is amended to read:


Subd. 4.

Action to vacate recognition.

(a) An action to vacate a recognition of paternity
may be brought by the mother, father, husband or former husband who executed a joinder,
or the child. An action to vacate a recognition of parentage may be brought by the public
authority. A mother, father, or husband or former husband who executed a joinder must
bring the action within deleted text begin one year of the execution of the recognition or within six months
after the person bringing the action obtains the results of blood or genetic tests that indicate
that the man who executed the recognition is not the father of the child
deleted text end new text begin three years after the
person bringing the action has reason to believe that the father is not the biological father
of the child
new text end . A child must bring an action to vacate within deleted text begin six monthsdeleted text end new text begin three yearsnew text end after the
child deleted text begin obtains the result of blood or genetic tests that indicate thatdeleted text end new text begin has reason to believenew text end the
man who executed the recognition is not thenew text begin biologicalnew text end father of the child, or within one
year of reaching the age of majority, whichever is later. If the court finds a prima facie basis
for vacating the recognition, the court shall order the child, mother, father, and husband or
former husband who executed a joinder to submit to deleted text begin blooddeleted text end new text begin geneticnew text end tests. If the court issues
an order for the taking of deleted text begin blooddeleted text end new text begin geneticnew text end tests, the court shall require the party seeking to
vacate the recognition to make advance payment for the costs of the deleted text begin blooddeleted text end new text begin geneticnew text end testsnew text begin ,
unless the parties agree and the court finds that the previous genetic test results exclude the
man who executed the recognition as the biological father of the child
new text end . If the party fails to
pay for the costs of the deleted text begin blooddeleted text end new text begin geneticnew text end tests, the court shall dismiss the action to vacate with
prejudice. The court may also order the party seeking to vacate the recognition to pay the
other party's reasonable attorney fees, costs, and disbursements. If the results of the deleted text begin blooddeleted text end new text begin
genetic
new text end tests establish that the man who executed the recognition is not the father, the court
shall vacate the recognition. new text begin Notwithstanding the vacation of the recognition, the court may
adjudicate the man who executed the recognition under any other applicable paternity
presumption under section 257.55.
new text end If a recognition is vacated, any joinder in the recognition
under subdivision 1a is also vacated. The court shall terminate the obligation of a party to
pay ongoing child support based on the recognition. A modification of child support based
on a recognition may be made retroactive with respect to any period during which the
moving party has pending a motion to vacate the recognition but only from the date of
service of notice of the motion on the responding party.

(b) The burden of proof in an action to vacate the recognition is on the moving party.
The moving party must request the vacation on the basis of fraud, duress, or material mistake
of fact. The legal responsibilities in existence at the time of an action to vacate, including
child support obligations, may not be suspended during the proceeding, except for good
cause shown.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to recognition
of parentage signed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2016, section 518.145, subdivision 2, is amended to read:


Subd. 2.

Reopening.

On motion and upon terms as are just, the court may relieve a party
from a judgment and decree, order, or proceeding under this chapter, except for provisions
dissolving the bonds of marriage, annulling the marriage, or directing that the parties are
legally separated, and may order a new trial or grant other relief as may be just for the
following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence which by due diligence could not have been discovered
in time to move for a new trial under the Rules of Civil Procedure, rule 59.03;

(3) fraud, whether denominated intrinsic or extrinsic, misrepresentation, or other
misconduct of an adverse party;

(4) the judgment and decree or order is void; or

(5) the judgment has been satisfied, released, or discharged, or a prior judgment and
decree or order upon which it is based has been reversed or otherwise vacated, or it is no
longer equitable that the judgment and decree or order should have prospective application.

The motion must be made within a reasonable time, and for a reason under clause (1),
(2), or (3), new text begin other than a motion to declare the nonexistence of the parent-child relationship,
new text end not more than one year after the judgment and decree, order, or proceeding was entered or
taken.new text begin An action to declare the nonexistence of the father-child relationship must be made
within in a reasonable time under clause (1), (2), or (3), and not more than three years after
the person bringing the action has reason to believe that the father is not the father of the
child.
new text end A motion under this subdivision does not affect the finality of a judgment and decree
or order or suspend its operation. This subdivision does not limit the power of a court to
entertain an independent action to relieve a party from a judgment and decree, order, or
proceeding or to grant relief to a party not actually personally notified as provided in the
Rules of Civil Procedure, or to set aside a judgment for fraud upon the court.