HF 453

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to parentage; adopting the Uniform Parentage 
  1.3             Act (2000); amending Minnesota Statutes 2002, sections 
  1.4             13.3806, subdivision 4; 13.465, subdivisions 2, 4; 
  1.5             13.84, subdivision 2; 144.215, subdivision 3; 257.34, 
  1.6             subdivisions 1, 4; 260C.307, subdivision 3; 518.156, 
  1.7             subdivision 1; 518.157, subdivision 3; 518.1705, 
  1.8             subdivision 3; 518.5513, subdivision 6; 518B.01, 
  1.9             subdivision 2; 518C.201; 518C.701; 524.2-114; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 257C; repealing Minnesota Statutes 2002, 
  1.12            sections 13.465, subdivision 3; 257.51; 257.52; 
  1.13            257.53; 257.54; 257.541; 257.55; 257.56; 257.57; 
  1.14            257.58; 257.59; 257.60; 257.61; 257.62; 257.63; 
  1.15            257.64; 257.65; 257.651; 257.66; 257.67; 257.68; 
  1.16            257.69; 257.70; 257.71; 257.72; 257.73; 257.74; 257.75.
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18                             ARTICLE 1
  1.19                         GENERAL PROVISIONS
  1.20     Section 1.  [257C.101] [SHORT TITLE.] 
  1.21     This chapter may be cited as the "Uniform Parentage Act 
  1.22  (2000)." 
  1.23     Sec. 2.  [257C.102] [DEFINITIONS.] 
  1.24     Subdivision 1.  [SCOPE.] The definitions in this section 
  1.25  apply to this chapter. 
  1.26     Subd. 2.  [ACKNOWLEDGED FATHER.] "Acknowledged father" 
  1.27  means a man who has established a father-child relationship 
  1.28  under article 3. 
  1.29     Subd. 3.  [ADJUDICATED FATHER.] "Adjudicated father" means 
  1.30  a man who has been adjudicated by a court of competent 
  1.31  jurisdiction to be the father of a child. 
  2.1      Subd. 4.  [ALLEGED FATHER.] "Alleged father" means a man 
  2.2   who alleges himself to be, or is alleged to be, the genetic 
  2.3   father or a possible genetic father of a child, but whose 
  2.4   paternity has not been determined.  The term does not include: 
  2.5      (1) a presumed father; 
  2.6      (2) a man whose parental rights have been terminated or 
  2.7   declared not to exist; or 
  2.8      (3) a male donor. 
  2.9      Subd. 5.  [ASSISTED REPRODUCTION.] "Assisted reproduction" 
  2.10  means a method of causing pregnancy other than sexual 
  2.11  intercourse.  The term includes: 
  2.12     (1) intrauterine insemination; 
  2.13     (2) donation of eggs; 
  2.14     (3) donation of embryos; 
  2.15     (4) in vitro fertilization and transfer of embryos; and 
  2.16     (5) intracytoplasmic sperm injection. 
  2.17     Subd. 6.  [CHILD.] "Child" means an individual of any age 
  2.18  whose parentage may be determined under this chapter. 
  2.19     Subd. 7.  [COMMENCE.] "Commence" means to serve process 
  2.20  under the Rules of Civil Procedure. 
  2.21     Subd. 8.  [DETERMINATION OF PARENTAGE.] "Determination of 
  2.22  parentage" means the establishment of the parent-child 
  2.23  relationship by the signing of a valid acknowledgment of 
  2.24  paternity under article 3 or adjudication by a court. 
  2.25     Subd. 9.  [DONOR.] "Donor" means an individual who produces 
  2.26  eggs or sperm used for assisted reproduction, whether or not for 
  2.27  consideration.  The term does not include: 
  2.28     (1) a husband who provides sperm, or a wife who provides 
  2.29  eggs, to be used for assisted reproduction by the wife; 
  2.30     (2) a woman who gives birth to a child by means of assisted 
  2.31  reproduction, except as otherwise provided in article 8; or 
  2.32     (3) a parent under article 7 or an intended parent under 
  2.33  article 8. 
  2.34     Subd. 10.  [ETHNIC OR RACIAL GROUP.] "Ethnic or racial 
  2.35  group" means, for purposes of genetic testing, a recognized 
  2.36  group that an individual identifies as all or part of the 
  3.1   individual's ancestry or that is so identified by other 
  3.2   information. 
  3.3      Subd. 11.  [GENETIC TESTING.] "Genetic testing" means an 
  3.4   analysis of genetic markers to exclude or identify a man as the 
  3.5   father or a woman as the mother of a child.  The term includes 
  3.6   an analysis of one or a combination of the following: 
  3.7      (1) deoxyribonucleic acid; and 
  3.8      (2) blood-group antigens, red-cell antigens, 
  3.9   human-leukocyte antigens, serum enzymes, serum proteins, or 
  3.10  red-cell enzymes.  
  3.11     Subd. 12.  [GESTATIONAL MOTHER.] "Gestational mother" means 
  3.12  an adult woman who gives birth to a child under a gestational 
  3.13  agreement. 
  3.14     Subd. 13.  [MAN.] "Man" means a male individual of any age. 
  3.15     Subd. 14.  [PARENT.] "Parent" means an individual who has 
  3.16  established a parent-child relationship under section 257C.201. 
  3.17     Subd. 15.  [PARENT-CHILD RELATIONSHIP.] "Parent-child 
  3.18  relationship" means the legal relationship between a child and a 
  3.19  parent of the child.  The term includes the mother-child 
  3.20  relationship and the father-child relationship. 
  3.21     Subd. 16.  [PATERNITY INDEX.] "Paternity index" means the 
  3.22  likelihood of paternity calculated by computing the ratio 
  3.23  between: 
  3.24     (1) the likelihood that the tested man is the father, based 
  3.25  on the genetic markers of the tested man, mother, and child, 
  3.26  conditioned on the hypothesis that the tested man is the father 
  3.27  of the child; and 
  3.28     (2) the likelihood that the tested man is not the father, 
  3.29  based on the genetic markers of the tested man, mother, and 
  3.30  child, conditioned on the hypothesis that the tested man is not 
  3.31  the father of the child and that the father is of the same 
  3.32  ethnic or racial group as the tested man.  
  3.33     Subd. 17.  [PRESUMED FATHER.] "Presumed father" means a man 
  3.34  who, by operation of law under section 257C.204, is recognized 
  3.35  as the father of a child until that status is rebutted or 
  3.36  confirmed in a judicial proceeding. 
  4.1      Subd. 18.  [PROBABILITY OF PATERNITY.] "Probability of 
  4.2   paternity" means the measure, for the ethnic or racial group to 
  4.3   which the alleged father belongs, of the probability that the 
  4.4   individual in question is the father of the child, compared with 
  4.5   a random, unrelated man of the same ethnic or racial group, 
  4.6   expressed as a percentage incorporating the paternity index and 
  4.7   a prior probability. 
  4.8      Subd. 19.  [RECORD.] "Record" means information that is 
  4.9   inscribed on a tangible medium or that is stored in an 
  4.10  electronic or other medium and is retrievable in perceivable 
  4.11  form. 
  4.12     Subd. 20.  [SIGNATORY.] "Signatory" means an individual who 
  4.13  authenticates a record and is bound by its terms. 
  4.14     Subd. 21.  [STATE.] "State" means a state of the United 
  4.15  States, the District of Columbia, Puerto Rico, the United States 
  4.16  Virgin Islands, or any territory or insular possession subject 
  4.17  to the jurisdiction of the United States. 
  4.18     Subd. 22.  [SUPPORT ENFORCEMENT AGENCY.] "Support 
  4.19  enforcement agency" means a public official or agency authorized 
  4.20  to: 
  4.21     (1) enforce support orders or laws relating to the duty of 
  4.22  support; 
  4.23     (2) establish or modify child support; 
  4.24     (3) determine parentage; or 
  4.25     (4) locate child support obligors and their income and 
  4.26  assets. 
  4.27     Sec. 3.  [257C.103] [SCOPE OF CHAPTER; CHOICE OF LAW.] 
  4.28     (a) This chapter applies to determination of parentage in 
  4.29  this state. 
  4.30     (b) The court shall apply the law of this state to 
  4.31  adjudicate the parent-child relationship.  The applicable law 
  4.32  does not depend on: 
  4.33     (1) the place of birth of the child; or 
  4.34     (2) the past or present residence of the child. 
  4.35     (c) This chapter does not create, enlarge, or diminish 
  4.36  parental rights or duties under other law of this state. 
  5.1      (d) This chapter does not authorize or prohibit an 
  5.2   agreement between a woman and a man and another woman in which 
  5.3   the woman relinquishes all rights as a parent of a child 
  5.4   conceived by means of assisted reproduction, and which provides 
  5.5   that the man and other woman become the parents of the child.  
  5.6   If a birth results under such an agreement and the agreement is 
  5.7   unenforceable under the law of this state, the parent-child 
  5.8   relationship is determined as provided in article 2. 
  5.9      Sec. 4.  [257C.104] [COURT OF THIS STATE.] 
  5.10     The district court is authorized to adjudicate parentage 
  5.11  under this chapter. 
  5.12     Sec. 5.  [257C.105] [PROTECTION OF PARTICIPANTS.] 
  5.13     Proceedings under this chapter are subject to other law of 
  5.14  this state governing the health, safety, privacy, and liberty of 
  5.15  a child or other individual who could be jeopardized by 
  5.16  disclosure of identifying information, including address, 
  5.17  telephone number, place of employment, social security number, 
  5.18  and the child's day care facility and school. 
  5.19     Sec. 6.  [257C.106] [DETERMINATION OF MATERNITY.] 
  5.20     Provisions of this chapter relating to determination of 
  5.21  paternity apply to determinations of maternity. 
  5.22     Sec. 7.  [257C.107] [APPLICABILITY OF INDIAN CHILD WELFARE 
  5.23  ACT.] 
  5.24     In an action involving an American Indian child, sections 
  5.25  260.751 to 260.835, and the Indian Child Welfare Act, United 
  5.26  States Code, title 25, sections 1901 to 1923, control to the 
  5.27  extent that the provisions of this chapter are inconsistent with 
  5.28  those laws.  The public acts, records, and judicial proceedings 
  5.29  of any Indian tribe that provide an acknowledgment of paternity 
  5.30  or that establish paternity pursuant to tribal law or custom 
  5.31  shall be given full faith and credit as provided in United 
  5.32  States Code, title 25, section 1911(d).  Nothing in this chapter 
  5.33  defeats the right of an Indian father who has acknowledged or 
  5.34  established his paternity pursuant to tribal law or custom to 
  5.35  commence a paternity proceeding, except that no father may file 
  5.36  a paternity proceeding after the entry of a final decree of 
  6.1   adoption. 
  6.2                              ARTICLE 2
  6.3                      PARENT-CHILD RELATIONSHIP
  6.4      Section 1.  [257C.201] [ESTABLISHMENT OF PARENT-CHILD 
  6.5   RELATIONSHIP.] 
  6.6      (a) The mother-child relationship is established between a 
  6.7   woman and a child by: 
  6.8      (1) the woman's having given birth to the child, except as 
  6.9   otherwise provided in article 8; 
  6.10     (2) an adjudication of the woman's maternity; 
  6.11     (3) adoption of the child by the woman; or 
  6.12     (4) an adjudication confirming the woman as a parent of a 
  6.13  child born to a gestational mother if the agreement was 
  6.14  validated under article 8 or is enforceable under other law. 
  6.15     (b) The father-child relationship is established between a 
  6.16  man and a child by: 
  6.17     (1) an unrebutted presumption of the man's paternity of the 
  6.18  child under section 257C.204; 
  6.19     (2) an effective acknowledgment of paternity by the man 
  6.20  under article 3, unless the acknowledgment has been rescinded or 
  6.21  successfully challenged; 
  6.22     (3) an adjudication of the man's paternity; 
  6.23     (4) adoption of the child by the man; 
  6.24     (5) the man's having consented to assisted reproduction by 
  6.25  a woman under article 7 which resulted in the birth of the 
  6.26  child; or 
  6.27     (6) an adjudication confirming the man as a parent of a 
  6.28  child born to a gestational mother if the agreement was 
  6.29  validated under article 8 or is enforceable under other law. 
  6.30     Sec. 2.  [257C.202] [NO DISCRIMINATION BASED ON MARITAL 
  6.31  STATUS.] 
  6.32     A child born to parents who are not married to each other 
  6.33  has the same rights under the law as a child born to parents who 
  6.34  are married to each other. 
  6.35     Sec. 3.  [257C.203] [CONSEQUENCES OF ESTABLISHMENT OF 
  6.36  PARENTAGE.] 
  7.1      Unless parental rights are terminated, a parent-child 
  7.2   relationship established under this chapter applies for all 
  7.3   purposes, except as otherwise provided by other law of this 
  7.4   state. 
  7.5      Sec. 4.  [257C.204] [PRESUMPTION OF PATERNITY.] 
  7.6      (a) A man is presumed to be the father of a child if: 
  7.7      (1) he and the mother of the child are married to each 
  7.8   other and the child is born during the marriage; 
  7.9      (2) he and the mother of the child were married to each 
  7.10  other and the child is born within 300 days after the marriage 
  7.11  is terminated by death, annulment, declaration of invalidity, or 
  7.12  divorce, or after a decree of separation; 
  7.13     (3) before the birth of the child, he and the mother of the 
  7.14  child married each other in apparent compliance with law, even 
  7.15  if the attempted marriage is or could be declared invalid, and 
  7.16  the child is born during the invalid marriage or within 300 days 
  7.17  after its termination by death, annulment, declaration of 
  7.18  invalidity, or divorce, or after a decree of separation; 
  7.19     (4) after the birth of the child, he and the mother of the 
  7.20  child married each other in apparent compliance with law, 
  7.21  whether or not the marriage is or could be declared invalid, and 
  7.22  he voluntarily asserted his paternity of the child, and: 
  7.23     (i) the assertion is in a record filed with the department 
  7.24  of health; 
  7.25     (ii) he agreed to be and is named as the child's father on 
  7.26  the child's birth certificate; or 
  7.27     (iii) he promised in a record to support the child as his 
  7.28  own; or 
  7.29     (5) for the first two years of the child's life, he resided 
  7.30  in the same household with the child and openly held out the 
  7.31  child as his own. 
  7.32     (b) A presumption of paternity established under this 
  7.33  section may be rebutted only by an adjudication under article 6. 
  7.34     Sec. 5.  [257C.205] [CUSTODY AND PARENTING TIME WITH 
  7.35  CHILDREN BORN OUTSIDE OF MARRIAGE.] 
  7.36     (a) [MOTHER'S RIGHT TO CUSTODY.] The biological mother of a 
  8.1   child born to a mother who was not married to the child's father 
  8.2   when the child was born and was not married to the child's 
  8.3   father when the child was conceived has sole custody of the 
  8.4   child until paternity has been established under this chapter, 
  8.5   or until custody is determined in a separate proceeding under 
  8.6   section 518.156.  
  8.7      (b) [FATHER'S RIGHT TO PARENTING TIME AND CUSTODY.] If 
  8.8   paternity has been acknowledged under section 257.34 and 
  8.9   paternity has been established under this chapter, the father's 
  8.10  rights of parenting time or custody are determined under 
  8.11  sections 518.17 and 518.175.  If paternity has not been 
  8.12  acknowledged under section 257.34 and paternity has been 
  8.13  established under this chapter, the biological father may 
  8.14  petition for rights of parenting time or custody in the 
  8.15  paternity proceeding or in a separate proceeding under section 
  8.16  518.156.  
  8.17     (c) [FATHER'S RIGHT TO PARENTING TIME AND CUSTODY; 
  8.18  ACKNOWLEDGMENT OF PATERNITY.] If the father executed a 
  8.19  recognition of parentage under section 257.75 or an 
  8.20  acknowledgment of paternity under article 3, the father may 
  8.21  petition for rights of parenting time or custody in an 
  8.22  independent action under section 518.156.  The proceeding must 
  8.23  be treated as an initial determination of custody under section 
  8.24  518.17.  The provisions of chapter 518 apply with respect to the 
  8.25  granting of custody and parenting time.  An action to determine 
  8.26  custody and parenting time may be commenced pursuant to chapter 
  8.27  518 without an adjudication of parentage.  These proceedings may 
  8.28  not be combined with any proceeding under chapter 518B. 
  8.29                             ARTICLE 3
  8.30               VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
  8.31     Section 1.  [257C.301] [ACKNOWLEDGMENT OF PATERNITY.] 
  8.32     The mother of a child and a man claiming to be the genetic 
  8.33  father of the child may sign an acknowledgment of paternity with 
  8.34  intent to establish the man's paternity. 
  8.35     Sec. 2.  [257C.302] [EXECUTION OF ACKNOWLEDGMENT OF 
  8.36  PATERNITY.] 
  9.1      (a) An acknowledgment of paternity must: 
  9.2      (1) be in a record; 
  9.3      (2) be signed, or otherwise authenticated, under penalty of 
  9.4   perjury by the mother and by the man seeking to establish his 
  9.5   paternity; 
  9.6      (3) state that the child whose paternity is being 
  9.7   acknowledged: 
  9.8      (i) does not have a presumed father, or has a presumed 
  9.9   father whose full name is stated; and 
  9.10     (ii) does not have another acknowledged or adjudicated 
  9.11  father; 
  9.12     (4) state whether there has been genetic testing and, if 
  9.13  there has been testing, that the acknowledging man's claim of 
  9.14  paternity is consistent with the results of the testing; and 
  9.15     (5) state that the signatories understand that the 
  9.16  acknowledgment is the equivalent of a judicial adjudication of 
  9.17  paternity of the child and that a challenge to the 
  9.18  acknowledgment is permitted only under limited circumstances and 
  9.19  is barred after two years. 
  9.20     (b) An acknowledgment of paternity is void if it: 
  9.21     (1) states that another man is a presumed father, unless a 
  9.22  denial of paternity signed or otherwise authenticated by the 
  9.23  presumed father is filed with the department of health; 
  9.24     (2) states that another man is an acknowledged or 
  9.25  adjudicated father; or 
  9.26     (3) falsely denies the existence of a presumed, 
  9.27  acknowledged, or adjudicated father of the child. 
  9.28     (c) A presumed father may sign or otherwise authenticate an 
  9.29  acknowledgment of paternity. 
  9.30     Sec. 3.  [257C.303] [DENIAL OF PATERNITY.] 
  9.31     A presumed father may sign a denial of his paternity.  The 
  9.32  denial is valid only if: 
  9.33     (1) an acknowledgment of paternity signed, or otherwise 
  9.34  authenticated, by another man is filed pursuant to section 
  9.35  257C.305; 
  9.36     (2) the denial is in a record, and is signed, or otherwise 
 10.1   authenticated, under penalty of perjury; and 
 10.2      (3) the presumed father has not previously: 
 10.3      (i) acknowledged his paternity, unless the previous 
 10.4   acknowledgment has been rescinded pursuant to section 257C.307 
 10.5   or successfully challenged pursuant to section 257C.308; or 
 10.6      (ii) been adjudicated to be the father of the child. 
 10.7      Sec. 4.  [257C.304] [RULES FOR ACKNOWLEDGMENT AND DENIAL OF 
 10.8   PATERNITY.] 
 10.9      (a) An acknowledgment of paternity and a denial of 
 10.10  paternity may be contained in a single document or may be signed 
 10.11  in counterparts, and may be filed separately or simultaneously.  
 10.12  If the acknowledgment and denial are both necessary, neither is 
 10.13  valid until both are filed. 
 10.14     (b) An acknowledgment of paternity or a denial of paternity 
 10.15  may be signed before the birth of the child. 
 10.16     (c) Subject to paragraph (a), an acknowledgment of 
 10.17  paternity or denial of paternity takes effect on the birth of 
 10.18  the child or the filing of the document with the department of 
 10.19  health, whichever occurs later. 
 10.20     (d) An acknowledgment of paternity or denial of paternity 
 10.21  signed by a minor is valid if it is otherwise in compliance with 
 10.22  this chapter. 
 10.23     Sec. 5.  [257C.305] [EFFECT OF ACKNOWLEDGMENT OR DENIAL OF 
 10.24  PATERNITY.] 
 10.25     (a) Except as otherwise provided in sections 257C.307 and 
 10.26  257C.308, a valid acknowledgment of paternity filed with the 
 10.27  department of health is equivalent to an adjudication of 
 10.28  paternity of a child and confers upon the acknowledged father 
 10.29  all of the rights and duties of a parent. 
 10.30     (b) Except as otherwise provided in sections 257C.307 and 
 10.31  257C.308, a valid denial of paternity filed with the department 
 10.32  of health in conjunction with a valid acknowledgment of 
 10.33  paternity is equivalent to an adjudication of the nonpaternity 
 10.34  of the presumed father and discharges the presumed father from 
 10.35  all rights and duties of a parent. 
 10.36     Sec. 6.  [257C.306] [NO FILING FEE.] 
 11.1      The department of health may not charge a fee for filing an 
 11.2   acknowledgment of paternity or denial of paternity. 
 11.3      Sec. 7.  [257C.307] [PROCEEDING FOR RESCISSION.] 
 11.4      A signatory may rescind an acknowledgment of paternity or 
 11.5   denial of paternity by commencing a proceeding to rescind before 
 11.6   the earlier of: 
 11.7      (1) 60 days after the effective date of the acknowledgment 
 11.8   or denial, as provided in section 257C.304; or 
 11.9      (2) the date of the first hearing, in a proceeding to which 
 11.10  the signatory is a party, before a court to adjudicate an issue 
 11.11  relating to the child, including a proceeding that establishes 
 11.12  support. 
 11.13     Sec. 8.  [257C.308] [CHALLENGE AFTER EXPIRATION OF PERIOD 
 11.14  FOR RESCISSION.] 
 11.15     (a) After the period for rescission under section 257C.307 
 11.16  has expired, a signatory of an acknowledgment of paternity or 
 11.17  denial of paternity may commence a proceeding to challenge the 
 11.18  acknowledgment or denial only: 
 11.19     (1) on the basis of fraud, duress, or material mistake of 
 11.20  fact; and 
 11.21     (2) within two years after the acknowledgment or denial is 
 11.22  filed with the department of health. 
 11.23     (b) A party challenging an acknowledgment of paternity or 
 11.24  denial of paternity has the burden of proof. 
 11.25     Sec. 9.  [257C.309] [PROCEDURE FOR RESCISSION OR 
 11.26  CHALLENGE.] 
 11.27     (a) Every signatory to an acknowledgment of paternity and 
 11.28  any related denial of paternity must be made a party to a 
 11.29  proceeding to rescind or challenge the acknowledgment or denial. 
 11.30     (b) For the purpose of rescission of, or challenge to, an 
 11.31  acknowledgment of paternity or denial of paternity, a signatory 
 11.32  submits to personal jurisdiction of this state by signing the 
 11.33  acknowledgment or denial, effective upon the filing of the 
 11.34  document with the department of health. 
 11.35     (c) Except for good cause shown, during the pendency of a 
 11.36  proceeding to rescind or challenge an acknowledgment of 
 12.1   paternity or denial of paternity, the court may not suspend the 
 12.2   legal responsibilities of a signatory arising from the 
 12.3   acknowledgment, including the duty to pay child support. 
 12.4      (d) A proceeding to rescind or to challenge an 
 12.5   acknowledgment of paternity or denial of paternity must be 
 12.6   conducted in the same manner as a proceeding to adjudicate 
 12.7   parentage under article 6. 
 12.8      (e) At the conclusion of a proceeding to rescind or 
 12.9   challenge an acknowledgment of paternity or denial of paternity, 
 12.10  the court shall order the department of health to amend the 
 12.11  birth record of the child, if appropriate. 
 12.12     Sec. 10.  [257C.310] [RATIFICATION BARRED.] 
 12.13     A court or administrative agency conducting a judicial or 
 12.14  administrative proceeding is not required or permitted to ratify 
 12.15  an unchallenged acknowledgment of paternity. 
 12.16     Sec. 11.  [257C.311] [FULL FAITH AND CREDIT.] 
 12.17     A court of this state shall give full faith and credit to 
 12.18  an acknowledgment of paternity or denial of paternity effective 
 12.19  in another state if the acknowledgment or denial has been signed 
 12.20  and is otherwise in compliance with the law of the other state. 
 12.21     Sec. 12.  [257C.312] [FORMS FOR ACKNOWLEDGMENT AND DENIAL 
 12.22  OF PATERNITY.] 
 12.23     (a) To facilitate compliance with this article, the 
 12.24  department of human services shall prescribe forms for the 
 12.25  acknowledgment of paternity and the denial of paternity. 
 12.26     (b) A valid acknowledgment of paternity or denial of 
 12.27  paternity is not affected by a later modification of the 
 12.28  prescribed form. 
 12.29     Sec. 13.  [257C.313] [RELEASE OF INFORMATION.] 
 12.30     The department of health may release information relating 
 12.31  to the acknowledgment of paternity or denial of paternity to a 
 12.32  signatory of the acknowledgment or denial and to courts and 
 12.33  appropriate state or federal agencies of this or another state. 
 12.34     Sec. 14.  [257C.314] [ADOPTION OF RULES.] 
 12.35     The department of health may adopt rules to implement this 
 12.36  article. 
 13.1                              ARTICLE 4
 13.2                      FATHERS' ADOPTION REGISTRY
 13.3      Section 1.  [257C.401] [FATHERS' ADOPTION REGISTRY.] 
 13.4      The fathers' adoption registry is established in section 
 13.5   259.52.  Sections 259.49, 260.761, and 260C.301 contain 
 13.6   provisions relating to the effect of the fathers' adoption 
 13.7   registry in adoption and termination of parental rights 
 13.8   proceedings. 
 13.9                              ARTICLE 5
 13.10                          GENETIC TESTING
 13.11     Section 1.  [257C.501] [SCOPE OF ARTICLE.] 
 13.12     This article governs genetic testing of an individual to 
 13.13  determine parentage, whether the individual: 
 13.14     (1) voluntarily submits to testing; or 
 13.15     (2) is tested pursuant to an order of a court or a support 
 13.16  enforcement agency. 
 13.17     Sec. 2.  [257C.502] [ORDER FOR TESTING.] 
 13.18     (a) Except as otherwise provided in this article and 
 13.19  article 6, the court shall order the child and other designated 
 13.20  individuals to submit to genetic testing if the request for 
 13.21  testing is supported by the sworn statement of a party to the 
 13.22  proceeding: 
 13.23     (1) alleging paternity and stating facts establishing a 
 13.24  reasonable probability of the requisite sexual contact between 
 13.25  the individuals; or 
 13.26     (2) denying paternity and stating facts establishing a 
 13.27  possibility that sexual contact between the individuals, if any, 
 13.28  did not result in the conception of the child. 
 13.29     (b) A support enforcement agency may order genetic testing 
 13.30  only if there is no presumed, acknowledged, or adjudicated 
 13.31  father. 
 13.32     (c) If a request for genetic testing of a child is made 
 13.33  before birth, the court or support enforcement agency may not 
 13.34  order in utero testing. 
 13.35     (d) If two or more men are subject to court-ordered genetic 
 13.36  testing, the testing may be ordered concurrently or sequentially.
 14.1      Sec. 3.  [257C.503] [REQUIREMENTS FOR GENETIC TESTING.] 
 14.2      (a) Genetic testing must be of a type reasonably relied 
 14.3   upon by experts in the field of genetic testing and performed in 
 14.4   a testing laboratory accredited by: 
 14.5      (1) the American Association of Blood Banks or a successor 
 14.6   to its functions; 
 14.7      (2) the American Society for Histocompatibility and 
 14.8   Immunogenetics or a successor to its functions; or 
 14.9      (3) an accrediting body designated by the United States 
 14.10  Secretary of Health and Human Services. 
 14.11     (b) A specimen used in genetic testing may consist of one 
 14.12  or more samples, or a combination of samples, of blood, buccal 
 14.13  cells, bone, hair, or other body tissue or fluid.  The specimen 
 14.14  used in the testing need not be of the same kind for each 
 14.15  individual undergoing genetic testing. 
 14.16     (c) Based on the ethnic or racial group of an individual, 
 14.17  the testing laboratory shall determine the databases from which 
 14.18  to select frequencies for use in calculation of the probability 
 14.19  of paternity.  If there is disagreement as to the testing 
 14.20  laboratory's choice, the following rules apply: 
 14.21     (1) The individual objecting may require the testing 
 14.22  laboratory, within 30 days after receipt of the report of the 
 14.23  test, to recalculate the probability of paternity using an 
 14.24  ethnic or racial group different from that used by the 
 14.25  laboratory. 
 14.26     (2) The individual objecting to the testing laboratory's 
 14.27  initial choice shall: 
 14.28     (i) if the frequencies are not available to the testing 
 14.29  laboratory for the ethnic or racial group requested, provide the 
 14.30  requested frequencies compiled in a manner recognized by 
 14.31  accrediting bodies; or 
 14.32     (ii) engage another testing laboratory to perform the 
 14.33  calculations. 
 14.34     (3) The testing laboratory may use its own statistical 
 14.35  estimate if there is a question regarding which ethnic or racial 
 14.36  group is appropriate.  If available, the testing laboratory 
 15.1   shall calculate the frequencies using statistics for any other 
 15.2   ethnic or racial group requested. 
 15.3      (d) If, after recalculation using a different ethnic or 
 15.4   racial group, genetic testing does not rebuttably identify a man 
 15.5   as the father of a child under section 257C.505, an individual 
 15.6   who has been tested may be required to submit to additional 
 15.7   genetic testing. 
 15.8      Sec. 4.  [257C.504] [REPORT OF GENETIC TESTING.] 
 15.9      (a) A report of genetic testing must be in a record and 
 15.10  signed under penalty of perjury by a designee of the testing 
 15.11  laboratory.  A report made under the requirements of this 
 15.12  article is self-authenticating. 
 15.13     (b) Documentation from the testing laboratory of the 
 15.14  following information is sufficient to establish a reliable 
 15.15  chain of custody that allows the results of genetic testing to 
 15.16  be admissible without testimony: 
 15.17     (1) the names and photographs of the individuals whose 
 15.18  specimens have been taken; 
 15.19     (2) the names of the individuals who collected the 
 15.20  specimens; 
 15.21     (3) the places and dates the specimens were collected; 
 15.22     (4) the names of the individuals who received the specimens 
 15.23  in the testing laboratory; and 
 15.24     (5) the dates the specimens were received. 
 15.25     Sec. 5.  [257C.505] [GENETIC TESTING RESULTS; REBUTTAL.] 
 15.26     (a) Under this chapter, a man is rebuttably identified as 
 15.27  the father of a child if the genetic testing complies with this 
 15.28  article and the results disclose: 
 15.29     (1) that the man has at least a 99 percent probability of 
 15.30  paternity, using a prior probability of 0.50, as calculated by 
 15.31  using the combined paternity index obtained in the testing; and 
 15.32     (2) a combined paternity index of at least 100 to 1. 
 15.33     (b) A man identified under paragraph (a) as the father of a 
 15.34  child may rebut the genetic testing results only by other 
 15.35  genetic testing satisfying the requirements of this article 
 15.36  which: 
 16.1      (1) excludes the man as a genetic father of the child; or 
 16.2      (2) identifies another man as the father of the child. 
 16.3      (c) Except as otherwise provided in section 257C.510, if 
 16.4   more than one man is identified by genetic testing as the 
 16.5   possible father of a child, the court shall order them to submit 
 16.6   to further genetic testing to identify the genetic father. 
 16.7      Sec. 6.  [257C.506] [COSTS OF GENETIC TESTING.] 
 16.8      (a) Subject to assessment of costs under article 6, the 
 16.9   cost of initial genetic testing must be advanced: 
 16.10     (1) by a support enforcement agency in a proceeding in 
 16.11  which the support enforcement agency is providing services; 
 16.12     (2) by the individual who made the request; 
 16.13     (3) as agreed by the parties; or 
 16.14     (4) as ordered by the court. 
 16.15     (b) In cases in which the cost is advanced by the support 
 16.16  enforcement agency, the agency may seek reimbursement from a man 
 16.17  who is rebuttably identified as the father. 
 16.18     Sec. 7.  [257C.507] [ADDITIONAL GENETIC TESTING.] 
 16.19     The court or the support enforcement agency shall order 
 16.20  additional genetic testing upon the request of a party who 
 16.21  contests the result of the original testing.  If the previous 
 16.22  genetic testing identified a man as the father of the child 
 16.23  under section 257C.505, the court or agency may not order 
 16.24  additional testing unless the party provides advance payment for 
 16.25  the testing. 
 16.26     Sec. 8.  [257C.508] [GENETIC TESTING WHEN SPECIMENS NOT 
 16.27  AVAILABLE.] 
 16.28     (a) Subject to paragraph (b), if a genetic testing specimen 
 16.29  is not available from a man who may be the father of a child, 
 16.30  for good cause and under circumstances the court considers to be 
 16.31  just, the court may order the following individuals to submit 
 16.32  specimens for genetic testing: 
 16.33     (1) the parents of the man; 
 16.34     (2) the brothers and sisters of the man; 
 16.35     (3) other children of the man and their mothers; and 
 16.36     (4) other relatives of the man necessary to complete 
 17.1   genetic testing. 
 17.2      (b) Issuance of an order under this section requires a 
 17.3   finding that a need for genetic testing outweighs the legitimate 
 17.4   interests of the individual sought to be tested. 
 17.5      Sec. 9.  [257C.509] [DECEASED INDIVIDUAL.] 
 17.6      For good cause shown, the court may order genetic testing 
 17.7   of a deceased individual. 
 17.8      Sec. 10.  [257C.510] [IDENTICAL BROTHERS.] 
 17.9      (a) The court may order genetic testing of a brother of a 
 17.10  man identified as the father of a child if the man is commonly 
 17.11  believed to have an identical brother and evidence suggests that 
 17.12  the brother may be the genetic father of the child. 
 17.13     (b) If each brother satisfies the requirements as the 
 17.14  identified father of the child under section 257C.505 without 
 17.15  consideration of another identical brother being identified as 
 17.16  the father of the child, the court may rely on nongenetic 
 17.17  evidence to adjudicate which brother is the father of the child. 
 17.18     Sec. 11.  [257C.511] [CONFIDENTIALITY OF GENETIC TESTING.] 
 17.19     (a) Release of the report of genetic testing for parentage 
 17.20  is controlled by applicable state law. 
 17.21     (b) An individual who intentionally releases an 
 17.22  identifiable specimen of another individual for any purpose 
 17.23  other than that relevant to the proceeding regarding parentage 
 17.24  without a court order or the written permission of the 
 17.25  individual who furnished the specimen commits a misdemeanor. 
 17.26                             ARTICLE 6
 17.27                 PROCEEDING TO ADJUDICATE PARENTAGE
 17.28                               PART 1
 17.29                        NATURE OF PROCEEDING
 17.30     Section 1.  [257C.601] [PROCEEDING AUTHORIZED.] 
 17.31     A civil proceeding may be maintained to adjudicate the 
 17.32  parentage of a child.  The proceeding is governed by the 
 17.33  Minnesota Rules of Civil Procedure. 
 17.34     Sec. 2.  [257C.602] [STANDING TO MAINTAIN PROCEEDING.] 
 17.35     Subject to article 3 and sections 257C.607 and 257C.609, a 
 17.36  proceeding to adjudicate parentage may be maintained by: 
 18.1      (1) the child; 
 18.2      (2) the mother of the child; 
 18.3      (3) a man whose paternity of the child is to be 
 18.4   adjudicated; 
 18.5      (4) the support enforcement agency or other governmental 
 18.6   agency authorized by other law; 
 18.7      (5) an authorized adoption agency or licensed child-placing 
 18.8   agency; 
 18.9      (6) a representative authorized by law to act for an 
 18.10  individual who would otherwise be entitled to maintain a 
 18.11  proceeding but who is deceased, incapacitated, or a minor; or 
 18.12     (7) an intended parent under article 8. 
 18.13     Sec. 3.  [257C.603] [PARTIES TO PROCEEDING; RIGHT TO 
 18.14  COUNSEL.] 
 18.15     (a) The following individuals must be joined as parties in 
 18.16  a proceeding to adjudicate parentage: 
 18.17     (1) the mother of the child; and 
 18.18     (2) a man whose paternity of the child is to be adjudicated.
 18.19     (b) In a proceeding to adjudicate parentage, any party may 
 18.20  be represented by counsel.  The county attorney shall represent 
 18.21  the support enforcement agency.  The court shall appoint counsel 
 18.22  for a party who is unable to pay for counsel in the proceeding. 
 18.23     Sec. 4.  [257C.604] [PERSONAL JURISDICTION.] 
 18.24     (a) An individual may not be adjudicated to be a parent 
 18.25  unless the court has personal jurisdiction over the individual. 
 18.26     (b) A court of this state having jurisdiction to adjudicate 
 18.27  parentage may exercise personal jurisdiction over a nonresident 
 18.28  individual, or the guardian or conservator of the individual, if 
 18.29  the conditions prescribed in section 518C.201 are fulfilled. 
 18.30     (c) Lack of jurisdiction over one individual does not 
 18.31  preclude the court from making an adjudication of parentage 
 18.32  binding on another individual over whom the court has personal 
 18.33  jurisdiction. 
 18.34     Sec. 5.  [257C.605] [VENUE.] 
 18.35     Venue for a proceeding to adjudicate parentage is in the 
 18.36  county of this state in which: 
 19.1      (1) the child resides or is found; 
 19.2      (2) the respondent resides or is found if the child does 
 19.3   not reside in this state; or 
 19.4      (3) a proceeding for probate or administration of the 
 19.5   presumed or alleged father's estate has been commenced. 
 19.6      Sec. 6.  [257C.606] [NO LIMITATION; CHILD HAVING NO 
 19.7   PRESUMED, ACKNOWLEDGED, OR ADJUDICATED FATHER.] 
 19.8      A proceeding to adjudicate the parentage of a child having 
 19.9   no presumed, acknowledged, or adjudicated father may be 
 19.10  commenced at any time, even after: 
 19.11     (1) the child becomes an adult, but only if the child 
 19.12  initiates the proceeding; or 
 19.13     (2) an earlier proceeding to adjudicate paternity has been 
 19.14  dismissed based on the application of a statute of limitation 
 19.15  then in effect. 
 19.16     Sec. 7.  [257C.607] [LIMITATION; CHILD HAVING PRESUMED 
 19.17  FATHER.] 
 19.18     (a) Except as otherwise provided in paragraph (b), a 
 19.19  proceeding brought by a presumed father, the mother, or another 
 19.20  individual to adjudicate the parentage of a child having a 
 19.21  presumed father must be commenced not later than two years after 
 19.22  the birth of the child. 
 19.23     (b) A proceeding seeking to disprove the father-child 
 19.24  relationship between a child and the child's presumed father may 
 19.25  be maintained at any time if the court determines that: 
 19.26     (1) the presumed father and the mother of the child neither 
 19.27  cohabited nor engaged in sexual intercourse with each other 
 19.28  during the probable time of conception; and 
 19.29     (2) the presumed father never openly held out the child as 
 19.30  his own. 
 19.31     Sec. 8.  [257C.608] [AUTHORITY TO DENY MOTION FOR GENETIC 
 19.32  TESTING.] 
 19.33     (a) In a proceeding to adjudicate the parentage of a child 
 19.34  having a presumed father or to challenge the paternity of a 
 19.35  child having an acknowledged father, the court may deny a motion 
 19.36  seeking an order for genetic testing of the mother, the child, 
 20.1   and the presumed or acknowledged father if the court determines 
 20.2   that: 
 20.3      (1) the conduct of the mother or the presumed or 
 20.4   acknowledged father estops that party from denying parentage; 
 20.5   and 
 20.6      (2) it would be inequitable to disprove the father-child 
 20.7   relationship between the child and the presumed or acknowledged 
 20.8   father. 
 20.9      (b) In determining whether to deny a motion seeking an 
 20.10  order for genetic testing under this section, the court shall 
 20.11  consider the best interest of the child, including the following 
 20.12  factors: 
 20.13     (1) the length of time between the proceeding to adjudicate 
 20.14  parentage and the time that the presumed or acknowledged father 
 20.15  was placed on notice that he might not be the genetic father; 
 20.16     (2) the length of time during which the presumed or 
 20.17  acknowledged father has assumed the role of the father of the 
 20.18  child; 
 20.19     (3) the facts surrounding the presumed or acknowledged 
 20.20  father's discovery of his possible nonpaternity; 
 20.21     (4) the nature of the relationship between the child and 
 20.22  the presumed or acknowledged father; 
 20.23     (5) the age of the child; 
 20.24     (6) the harm that may result to the child if presumed or 
 20.25  acknowledged paternity is successfully disproved; 
 20.26     (7) the nature of the relationship between the child and 
 20.27  any alleged father; 
 20.28     (8) the extent to which the passage of time reduces the 
 20.29  chances of establishing the paternity of another man and a child 
 20.30  support obligation in favor of the child; and 
 20.31     (9) other factors that may affect the equities arising from 
 20.32  the disruption of the father-child relationship between the 
 20.33  child and the presumed or acknowledged father or the chance of 
 20.34  other harm to the child. 
 20.35     (c) In a proceeding involving the application of this 
 20.36  section, a minor or incapacitated child must be represented by a 
 21.1   guardian ad litem. 
 21.2      (d) Denial of a motion seeking an order for genetic testing 
 21.3   must be based on clear and convincing evidence. 
 21.4      (e) If the court denies a motion seeking an order for 
 21.5   genetic testing, it shall issue an order adjudicating the 
 21.6   presumed or acknowledged father to be the father of the child. 
 21.7      Sec. 9.  [257C.609] [LIMITATIONS; CHILD HAVING ACKNOWLEDGED 
 21.8   OR ADJUDICATED FATHER.] 
 21.9      (a) If a child has an acknowledged father, a signatory to 
 21.10  the acknowledgment of paternity or denial of paternity may 
 21.11  commence a proceeding seeking to rescind the acknowledgment or 
 21.12  denial or challenge the paternity of the child only within the 
 21.13  time allowed under section 257C.307 or 257C.308. 
 21.14     (b) If a child has an acknowledged father or an adjudicated 
 21.15  father, an individual, other than the child, who is neither a 
 21.16  signatory to the acknowledgment of paternity nor a party to the 
 21.17  adjudication and who seeks an adjudication of paternity of the 
 21.18  child must commence a proceeding not later than two years after 
 21.19  the effective date of the acknowledgment or adjudication. 
 21.20     Sec. 10.  [257C.610] [JOINDER OF PROCEEDINGS.] 
 21.21     (a) Except as otherwise provided in paragraph (b), a 
 21.22  proceeding to adjudicate parentage may be joined with a 
 21.23  proceeding for adoption, termination of parental rights, child 
 21.24  custody or visitation, child support, divorce, annulment, legal 
 21.25  separation or separate maintenance, probate or administration of 
 21.26  an estate, or other appropriate proceeding. 
 21.27     (b) A respondent may not join a proceeding described in 
 21.28  paragraph (a) with a proceeding to adjudicate parentage brought 
 21.29  under chapter 518C. 
 21.30     (c) A proceeding under this section is subject to the 
 21.31  application of the principles of estoppel established in section 
 21.32  257C.608. 
 21.33     Sec. 11.  [257C.611] [PROCEEDING BEFORE BIRTH.] 
 21.34     A proceeding to determine parentage may be commenced before 
 21.35  the birth of the child, but may not be concluded until after the 
 21.36  birth of the child.  The following actions may be taken before 
 22.1   the birth of the child: 
 22.2      (1) service of process; 
 22.3      (2) discovery; and 
 22.4      (3) except as prohibited by section 257C.502, collection of 
 22.5   specimens for genetic testing. 
 22.6      Sec. 12.  [257C.612] [CHILD AS PARTY; REPRESENTATION.] 
 22.7      (a) A minor child is a permissible party, but is not a 
 22.8   necessary party to a proceeding under this article. 
 22.9      (b) The court shall appoint a guardian ad litem to 
 22.10  represent a minor or incapacitated child if the child is a party 
 22.11  or the court finds that the interests of the child are not 
 22.12  adequately represented. 
 22.13                               PART 2
 22.14                    SPECIAL RULES FOR PROCEEDING
 22.15                      TO ADJUDICATE PARENTAGE
 22.16     Sec. 13.  [257C.621] [ADMISSIBILITY OF RESULTS OF GENETIC 
 22.17  TESTING; EXPENSES.] 
 22.18     (a) Except as otherwise provided in paragraph (c), a record 
 22.19  of a genetic testing expert is admissible as evidence of the 
 22.20  truth of the facts asserted in the report unless a party objects 
 22.21  to its admission within 14 days after its receipt by the 
 22.22  objecting party and cites specific grounds for exclusion.  The 
 22.23  admissibility of the report is not affected by whether the 
 22.24  testing was performed: 
 22.25     (1) voluntarily or pursuant to an order of the court or a 
 22.26  support enforcement agency; or 
 22.27     (2) before or after the commencement of the proceeding. 
 22.28     (b) A party objecting to the results of genetic testing may 
 22.29  call one or more genetic testing experts to testify in person or 
 22.30  by telephone, videoconference, deposition, or another method 
 22.31  approved by the court.  Unless otherwise ordered by the court, 
 22.32  the party offering the testimony bears the expense for the 
 22.33  expert testifying. 
 22.34     (c) If a child has a presumed, acknowledged, or adjudicated 
 22.35  father, the results of genetic testing are inadmissible to 
 22.36  adjudicate parentage unless performed: 
 23.1      (1) with the consent of both the mother and the presumed, 
 23.2   acknowledged, or adjudicated father; or 
 23.3      (2) pursuant to an order of the court under section 
 23.4   257C.502. 
 23.5      (d) Copies of bills for genetic testing and for prenatal 
 23.6   and postnatal health care for the mother and child which are 
 23.7   furnished to the adverse party not less than ten days before the 
 23.8   date of a hearing are admissible to establish: 
 23.9      (1) the amount of the charges billed; and 
 23.10     (2) that the charges were reasonable, necessary, and 
 23.11  customary. 
 23.12     Sec. 14.  [257C.622] [CONSEQUENCES OF DECLINING GENETIC 
 23.13  TESTING.] 
 23.14     (a) An order for genetic testing is enforceable by contempt.
 23.15     (b) If an individual whose paternity is being determined 
 23.16  declines to submit to genetic testing ordered by the court, the 
 23.17  court for that reason may adjudicate parentage contrary to the 
 23.18  position of that individual. 
 23.19     (c) Genetic testing of the mother of a child is not a 
 23.20  condition precedent to testing the child and a man whose 
 23.21  paternity is being determined.  If the mother is unavailable or 
 23.22  declines to submit to genetic testing, the court may order the 
 23.23  testing of the child and every man whose paternity is being 
 23.24  adjudicated. 
 23.25     Sec. 15.  [257C.623] [ADMISSION OF PATERNITY AUTHORIZED.] 
 23.26     (a) A respondent in a proceeding to adjudicate parentage 
 23.27  may admit to the paternity of a child by filing a pleading to 
 23.28  that effect or by admitting paternity under penalty of perjury 
 23.29  when making an appearance or during a hearing. 
 23.30     (b) If the court finds that the admission of paternity 
 23.31  satisfies the requirements of this section and finds that there 
 23.32  is no reason to question the admission, the court shall issue an 
 23.33  order adjudicating the child to be the child of the man 
 23.34  admitting paternity. 
 23.35     Sec. 16.  [257C.624] [TEMPORARY ORDER.] 
 23.36     (a) In a proceeding under this article, the court shall 
 24.1   issue a temporary order for support of a child if the order is 
 24.2   appropriate and the individual ordered to pay support is: 
 24.3      (1) a presumed father of the child; 
 24.4      (2) petitioning to have his paternity adjudicated; 
 24.5      (3) identified as the father through genetic testing under 
 24.6   section 257C.505; 
 24.7      (4) an alleged father who has declined to submit to genetic 
 24.8   testing; 
 24.9      (5) shown by clear and convincing evidence to be the father 
 24.10  of the child; or 
 24.11     (6) the mother of the child. 
 24.12     (b) A temporary order may include provisions for custody 
 24.13  and visitation as provided by other law of this state. 
 24.14                               PART 3
 24.15                     HEARINGS AND ADJUDICATION
 24.16     Sec. 17.  [257C.631] [RULES FOR ADJUDICATION OF PATERNITY.] 
 24.17     The court shall apply the following rules to adjudicate the 
 24.18  paternity of a child: 
 24.19     (a) The paternity of a child having a presumed, 
 24.20  acknowledged, or adjudicated father may be disproved only by 
 24.21  admissible results of genetic testing excluding that man as the 
 24.22  father of the child or identifying another man as the father of 
 24.23  the child. 
 24.24     (b) Unless the results of genetic testing are admitted to 
 24.25  rebut other results of genetic testing, a man identified as the 
 24.26  father of a child under section 257C.505 must be adjudicated the 
 24.27  father of the child. 
 24.28     (c) If the court finds that genetic testing under section 
 24.29  257C.505 neither identifies nor excludes a man as the father of 
 24.30  a child, the court may not dismiss the proceeding.  In that 
 24.31  event, the results of genetic testing, and other evidence, are 
 24.32  admissible to adjudicate the issue of paternity. 
 24.33     (d) Unless the results of genetic testing are admitted to 
 24.34  rebut other results of genetic testing, a man excluded as the 
 24.35  father of a child by genetic testing must be adjudicated not to 
 24.36  be the father of the child. 
 25.1      Sec. 18.  [257C.632] [COURT OR JURY TRIAL.] 
 25.2      The court, without a jury, shall adjudicate paternity of a 
 25.3   child unless a jury trial is demanded. 
 25.4      Sec. 19.  [257C.633] [HEARINGS; INSPECTION OF RECORDS.] 
 25.5      (a) On request of a party and for good cause shown, the 
 25.6   court may close a proceeding under this article. 
 25.7      (b) A final order in a proceeding under this article is 
 25.8   available for public inspection.  Other papers and records are 
 25.9   available only with the consent of the parties or on order of 
 25.10  the court for good cause. 
 25.11     Sec. 20.  [257C.634] [ORDER ON DEFAULT.] 
 25.12     The court shall issue an order adjudicating the paternity 
 25.13  of a man who: 
 25.14     (1) after service of process, is in default; and 
 25.15     (2) is found by the court to be the father of a child. 
 25.16     Sec. 21.  [257C.635] [DISMISSAL FOR WANT OF PROSECUTION.] 
 25.17     The court may issue an order dismissing a proceeding 
 25.18  commenced under this chapter for want of prosecution only 
 25.19  without prejudice.  An order of dismissal for want of 
 25.20  prosecution purportedly with prejudice is void and has only the 
 25.21  effect of a dismissal without prejudice. 
 25.22     Sec. 22.  [257C.636] [ORDER ADJUDICATING PARENTAGE.] 
 25.23     (a) The court shall issue an order adjudicating whether a 
 25.24  man alleged or claiming to be the father is the parent of the 
 25.25  child. 
 25.26     (b) An order adjudicating parentage must identify the child 
 25.27  by name and date of birth. 
 25.28     (c) Except as otherwise provided in paragraph (d), the 
 25.29  court may assess filing fees, reasonable attorney fees, fees for 
 25.30  genetic testing, other costs, and necessary travel and other 
 25.31  reasonable expenses incurred in a proceeding under this 
 25.32  article.  The court may award attorney fees, which may be paid 
 25.33  directly to the attorney, who may enforce the order in the 
 25.34  attorney's own name. 
 25.35     (d) The court may not assess fees, costs, or expenses 
 25.36  against the support enforcement agency of this state or another 
 26.1   state, except as provided by other law. 
 26.2      (e) On request of a party and for good cause shown, the 
 26.3   court may order that the name of the child be changed. 
 26.4      (f) If the order of the court is at variance with the 
 26.5   child's birth certificate, the court shall order the department 
 26.6   of health to issue an amended birth registration. 
 26.7      Sec. 23.  [257C.637] [BINDING EFFECT OF DETERMINATION OF 
 26.8   PARENTAGE.] 
 26.9      (a) Except as otherwise provided in paragraph (b), a 
 26.10  determination of parentage is binding on: 
 26.11     (1) all signatories to an acknowledgment or denial of 
 26.12  paternity as provided in article 3; and 
 26.13     (2) all parties to an adjudication by a court acting under 
 26.14  circumstances that satisfy the jurisdictional requirements of 
 26.15  section 518C.201. 
 26.16     (b) A child is not bound by a determination of parentage 
 26.17  under this chapter unless: 
 26.18     (1) the determination was based on an unrescinded 
 26.19  acknowledgment of paternity and the acknowledgment is consistent 
 26.20  with the results of genetic testing; 
 26.21     (2) the adjudication of parentage was based on a finding 
 26.22  consistent with the results of genetic testing and the 
 26.23  consistency is declared in the determination or is otherwise 
 26.24  shown; or 
 26.25     (3) the child was a party or was represented in the 
 26.26  proceeding determining parentage by a guardian ad litem. 
 26.27     (c) In a proceeding to dissolve a marriage, the court is 
 26.28  deemed to have made an adjudication of the parentage of a child 
 26.29  if the court acts under circumstances that satisfy the 
 26.30  jurisdictional requirements of section 518C.201 and the final 
 26.31  order: 
 26.32     (1) expressly identifies a child as a "child of the 
 26.33  marriage," "issue of the marriage," or similar words indicating 
 26.34  that the husband is the father of the child; or 
 26.35     (2) provides for support of the child by the husband unless 
 26.36  paternity is specifically disclaimed in the order. 
 27.1      (d) Except as otherwise provided in paragraph (b), a 
 27.2   determination of parentage may be a defense in a subsequent 
 27.3   proceeding seeking to adjudicate parentage by an individual who 
 27.4   was not a party to the earlier proceeding. 
 27.5      (e) A party to an adjudication of paternity may challenge 
 27.6   the adjudication only under law of this state relating to 
 27.7   appeal, vacation of judgments, or other judicial review. 
 27.8      Sec. 24.  [257C.638] [SUPPORT AND CUSTODY.] 
 27.9      (a) An order adjudicating parentage must contain provisions 
 27.10  concerning the duty of support, the custody of the child, the 
 27.11  social security number of the mother, father, and child, if 
 27.12  known at the time of order, parenting time with the child, the 
 27.13  furnishing of bond or other security for the payment of the 
 27.14  judgment, or any other matter in the best interest of the 
 27.15  child.  Custody and parenting time and all subsequent motions 
 27.16  related to them must proceed and be determined under section 
 27.17  257C.205.  The remaining matters and all subsequent motions 
 27.18  related to them are governed by chapter 518.  
 27.19     (b) The order may direct the appropriate party to pay all 
 27.20  or a proportion of the reasonable expenses of the mother's 
 27.21  pregnancy and confinement, including the mother's lost wages due 
 27.22  to medical necessity, after consideration of the relevant facts, 
 27.23  including the relative financial means of the parents; the 
 27.24  earning ability of each parent; and any health insurance 
 27.25  policies held by either parent, or by a spouse or parent of the 
 27.26  parent, which would provide benefits for the expenses incurred 
 27.27  by the mother during her pregnancy and confinement.  Pregnancy 
 27.28  and confinement expenses and genetic testing costs, submitted by 
 27.29  the support enforcement agency, are admissible as evidence 
 27.30  without third-party foundation testimony and constitute prima 
 27.31  facie evidence of the amounts incurred for those services or for 
 27.32  the genetic testing.  Remedies available for the collection and 
 27.33  enforcement of child support apply to confinement costs and are 
 27.34  considered additional child support. 
 27.35     (c) Support judgments or orders ordinarily must be for 
 27.36  periodic payments which may vary in amount. In the best interest 
 28.1   of the child, a lump sum payment may be ordered in lieu of 
 28.2   periodic payments of support.  The court shall limit the 
 28.3   parent's liability for past support of the child to the 
 28.4   proportion of the expenses that the court deems just, which were 
 28.5   incurred in the two years immediately preceding the commencement 
 28.6   of the action.  In determining the amount of the parent's 
 28.7   liability for past support, the court may deviate downward from 
 28.8   the guidelines if:  
 28.9      (1) the child for whom child support is sought is more than 
 28.10  five years old and the obligor discovered or was informed of the 
 28.11  existence of the parent and child relationship within one year 
 28.12  of commencement of the action seeking child support; 
 28.13     (2) the obligor is a custodian for or pays support for 
 28.14  other children; and 
 28.15     (3) the obligor's family income is less than 175 percent of 
 28.16  the federal poverty level. 
 28.17     (d) An order for support or maintenance issued under this 
 28.18  section must provide for a conspicuous notice that, if the 
 28.19  obligor fails to make a support payment, the payment owed 
 28.20  becomes a judgment by operation of law on and after the date the 
 28.21  payment is due and the obligee or a support enforcement agency 
 28.22  may obtain entry and docketing of the judgment for the unpaid 
 28.23  amounts under section 548.091.  
 28.24     (e) Upon entry of the order, each parent who is a party in 
 28.25  a paternity proceeding shall: 
 28.26     (1) file with the support enforcement agency the party's 
 28.27  social security number, residential and mailing address, 
 28.28  telephone number, driver's license number, and name, address, 
 28.29  and telephone number of any employer if the party is receiving 
 28.30  services from the support enforcement agency or begins receiving 
 28.31  services from the support enforcement agency; 
 28.32     (2) file the information in clause (1) with the district 
 28.33  court; and 
 28.34     (3) notify the court and, if applicable, the support 
 28.35  enforcement agency of any change in the information required 
 28.36  under this section within ten days of the change. 
 29.1                              ARTICLE 7
 29.2                    CHILD OF ASSISTED REPRODUCTION
 29.3      Section 1.  [257C.701] [SCOPE OF ARTICLE.] 
 29.4      This article does not apply to the birth of a child 
 29.5   conceived by means of sexual intercourse. 
 29.6      Sec. 2.  [257C.702] [PARENTAL STATUS OF DONOR.] 
 29.7      A donor is not a parent of a child conceived by means of 
 29.8   assisted reproduction. 
 29.9      Sec. 3.  [257C.703] [PATERNITY OF CHILD OF ASSISTED 
 29.10  REPRODUCTION.] 
 29.11     A man who provides sperm for, or consents to, assisted 
 29.12  reproduction by a woman as provided in section 257C.704 with the 
 29.13  intent to be the parent of her child, is a parent of the 
 29.14  resulting child. 
 29.15     Sec. 4.  [257C.704] [CONSENT TO ASSISTED REPRODUCTION.] 
 29.16     (a) Consent by a woman, and a man who intends to be a 
 29.17  parent of a child born to the woman, by assisted reproduction, 
 29.18  must be in a record signed by the woman and the man.  This 
 29.19  requirement does not apply to a donor. 
 29.20     (b) Failure to sign a consent required by paragraph (a), 
 29.21  before or after the birth of the child, does not preclude a 
 29.22  finding of paternity if the woman and the man, during the first 
 29.23  two years of the child's life, resided together in the same 
 29.24  household with the child and openly held out the child as their 
 29.25  own. 
 29.26     Sec. 5.  [257C.705] [LIMITATION ON HUSBAND'S DISPUTE OF 
 29.27  PATERNITY.] 
 29.28     (a) Except as otherwise provided in paragraph (b), the 
 29.29  husband of a wife who gives birth to a child by means of 
 29.30  assisted reproduction may not challenge his paternity of the 
 29.31  child unless: 
 29.32     (1) within two years after learning of the birth of the 
 29.33  child he commences a proceeding to adjudicate his paternity; and 
 29.34     (2) the court finds that he did not consent to the assisted 
 29.35  reproduction, before or after the birth of the child. 
 29.36     (b) A proceeding to adjudicate paternity may be maintained 
 30.1   at any time if the court determines that: 
 30.2      (1) the husband did not provide sperm for, or before or 
 30.3   after the birth of the child consent to, assisted reproduction 
 30.4   by his wife; 
 30.5      (2) the husband and the mother of the child have not 
 30.6   cohabited since the probable time of assisted reproduction; and 
 30.7      (3) the husband never openly held out the child as his own. 
 30.8      (c) The limitation provided in this section applies to a 
 30.9   marriage declared invalid after assisted reproduction. 
 30.10     Sec. 6.  [257C.706] [EFFECT OF DISSOLUTION OF MARRIAGE OR 
 30.11  WITHDRAWAL OF CONSENT.] 
 30.12     (a) If a marriage is dissolved before placement of eggs, 
 30.13  sperm, or embryos, the former spouse is not a parent of the 
 30.14  resulting child unless the former spouse consented in a record 
 30.15  that if assisted reproduction were to occur after a divorce, the 
 30.16  former spouse would be a parent of the child. 
 30.17     (b) The consent of a woman or a man to assisted 
 30.18  reproduction may be withdrawn by that individual in a record at 
 30.19  any time before placement of eggs, sperm, or embryos.  An 
 30.20  individual who withdraws consent under this section is not a 
 30.21  parent of the resulting child. 
 30.22     Sec. 7.  [257C.707] [PARENTAL STATUS OF DECEASED 
 30.23  INDIVIDUAL.] 
 30.24     If an individual who consented in a record to be a parent 
 30.25  by assisted reproduction dies before placement of eggs, sperm, 
 30.26  or embryos, the deceased individual is not a parent of the 
 30.27  resulting child unless the deceased individual consented in a 
 30.28  record that if assisted reproduction were to occur after death, 
 30.29  the deceased individual would be a parent of the child. 
 30.30                             ARTICLE 8
 30.31                      MISCELLANEOUS PROVISIONS
 30.32     Section 1.  [257C.901] [UNIFORMITY OF APPLICATION AND 
 30.33  CONSTRUCTION.] 
 30.34     In applying and construing this chapter, consideration must 
 30.35  be given to the need to promote uniformity of the law with 
 30.36  respect to its subject matter among states that enact it. 
 31.1      Sec. 2.  [257C.905] [TRANSITIONAL PROVISION.] 
 31.2      A proceeding to adjudicate parentage which was commenced 
 31.3   before the effective date of this chapter is governed by the law 
 31.4   in effect at the time the proceeding was commenced, unless the 
 31.5   parties agree to be governed by this chapter. 
 31.6      Sec. 3.  [REPEALER.] 
 31.7      Minnesota Statutes 2002, sections 257.51; 257.52; 257.53; 
 31.8   257.54; 257.541; 257.55; 257.56; 257.57; 257.58; 257.59; 257.60; 
 31.9   257.61; 257.62; 257.63; 257.64; 257.65; 257.651; 257.66; 257.67; 
 31.10  257.68; 257.69; 257.70; 257.71; 257.72; 257.73; 257.74; and 
 31.11  257.75, are repealed. 
 31.12                             ARTICLE 9
 31.13                       CONFORMING AMENDMENTS
 31.14     Section 1.  Minnesota Statutes 2002, section 13.3806, 
 31.15  subdivision 4, is amended to read: 
 31.16     Subd. 4.  [VITAL STATISTICS.] (a)  [PARENTS' SOCIAL 
 31.17  SECURITY NUMBER; BIRTH RECORD.] Parents' social security numbers 
 31.18  provided for a child's birth record are classified under section 
 31.19  144.215, subdivision 4. 
 31.20     (b)  [FOUNDLING REGISTRATION.] The report of the finding of 
 31.21  an infant of unknown parentage is classified under section 
 31.22  144.216, subdivision 2. 
 31.23     (c)  [NEW RECORD OF BIRTH.] In circumstances in which a new 
 31.24  record of birth may be issued under section 144.218, the 
 31.25  original record of birth is classified as provided in that 
 31.26  section. 
 31.27     (d)  [VITAL RECORDS.] Physical access to vital records is 
 31.28  governed by section 144.225, subdivision 1.  
 31.29     (e)  [BIRTH RECORD OF CHILD OF UNMARRIED PARENTS.] Access 
 31.30  to the birth record of a child whose parents were not married to 
 31.31  each other when the child was conceived or born is governed 
 31.32  by sections section 144.225, subdivisions 2 and 4, and 257.73. 
 31.33     (f)  [HEALTH DATA FOR BIRTH REGISTRATION.] Health data 
 31.34  collected for birth registration or fetal death reporting are 
 31.35  classified under section 144.225, subdivision 2a.  
 31.36     (g)  [GROUP PURCHASER IDENTITY FOR BIRTH REGISTRATION.] 
 32.1   Classification of and access to the identity of a group 
 32.2   purchaser collected in association with birth registration is 
 32.3   governed by section 144.225, subdivision 6.  
 32.4      Sec. 2.  Minnesota Statutes 2002, section 13.465, 
 32.5   subdivision 2, is amended to read: 
 32.6      Subd. 2.  [CHILD SUPPORT PARTIES.] Certain data regarding 
 32.7   the location of parties in connection with child support 
 32.8   proceedings are governed by sections 256.87, subdivision 
 32.9   8; 257.70; and 518.005, subdivision 5.  Certain data regarding 
 32.10  the suspension of licenses of persons owing child support are 
 32.11  governed by section 518.551, subdivision 13a, and certain data 
 32.12  on newly hired employees maintained by the public authority for 
 32.13  support enforcement are governed by section 256.998.  
 32.14     Sec. 3.  Minnesota Statutes 2002, section 13.465, 
 32.15  subdivision 4, is amended to read: 
 32.16     Subd. 4.  [PARENTAGE ACTION RECORDS.] Inspection of Access 
 32.17  to records in parentage actions held by the court, the 
 32.18  commissioner of human services, or elsewhere is governed by 
 32.19  section 257.70 257C.633.  
 32.20     Sec. 4.  Minnesota Statutes 2002, section 13.84, 
 32.21  subdivision 2, is amended to read: 
 32.22     Subd. 2.  [GENERAL.] Unless the data is summary data or a 
 32.23  statute, including sections section 609.115 and 257.70, 
 32.24  specifically provides a different classification, the following 
 32.25  court services data are classified as private pursuant to 
 32.26  section 13.02, subdivision 12:  
 32.27     (a) Court services data on individuals gathered at the 
 32.28  request of a municipal, district or county court to determine 
 32.29  the need for any treatment, rehabilitation, counseling, or any 
 32.30  other need of a defendant, parolee, probationer, or participant 
 32.31  in a diversion program, and used by the court to assist in 
 32.32  assigning an appropriate sentence or other disposition in a 
 32.33  case; 
 32.34     (b) Court services data on petitioners or respondents to a 
 32.35  family court gathered at the request of the court for purposes 
 32.36  of, but not limited to, individual, family, marriage, chemical 
 33.1   dependency and marriage dissolution adjustment counseling, 
 33.2   including recommendations to the court as to the custody of 
 33.3   minor children in marriage dissolution cases; 
 33.4      (c) Court services data on individuals gathered by 
 33.5   psychologists in the course of providing the court or its staff 
 33.6   with psychological evaluations or in the course of counseling 
 33.7   individual clients referred by the court for the purpose of 
 33.8   assisting them with personal conflicts or difficulties.  
 33.9      Sec. 5.  Minnesota Statutes 2002, section 144.215, 
 33.10  subdivision 3, is amended to read: 
 33.11     Subd. 3.  [FATHER'S NAME; CHILD'S NAME.] In any case in 
 33.12  which paternity of a child is determined by a court of competent 
 33.13  jurisdiction, a declaration of parentage is executed under 
 33.14  section 257.34, or a recognition of parentage is executed under 
 33.15  section 257.75, or an acknowledgment of paternity is executed 
 33.16  under section 257C.302, the name of the father shall be entered 
 33.17  on the birth record.  If the order of the court declares the 
 33.18  name of the child, it shall also be entered on the birth 
 33.19  record.  If the order of the court does not declare the name of 
 33.20  the child, or there is no court order, then upon the request of 
 33.21  both parents in writing, the surname of the child shall be 
 33.22  defined by both parents. 
 33.23     Sec. 6.  Minnesota Statutes 2002, section 257.34, 
 33.24  subdivision 1, is amended to read: 
 33.25     Subdivision 1.  [ACKNOWLEDGMENT BY PARENTS.] The mother and 
 33.26  father of a child born to a mother who was not married to the 
 33.27  child's father when the child was conceived nor when the child 
 33.28  was born may, in a writing signed by both of them before a 
 33.29  notary public, declare and acknowledge under oath that they are 
 33.30  the biological parents of the child.  The declaration may 
 33.31  provide that any such child born to the mother at any time 
 33.32  before or up to ten months after the date of execution of the 
 33.33  declaration is the biological child of the signatories.  
 33.34  Execution of the declaration shall: 
 33.35     (a) have the same consequences as an acknowledgment by the 
 33.36  signatories of parentage of the child for the purposes of 
 34.1   sections 62A.041 and 62C.14, subdivision 5a; 
 34.2      (b) be conclusive evidence that the signatories are parents 
 34.3   of the child for the purposes of sections 176.111, 197.75, and 
 34.4   197.752; 
 34.5      (c) create a presumption that the signatory is the 
 34.6   biological father of the child for the purposes of sections 
 34.7   257.51 to 257.74 chapter 257C; 
 34.8      (d) when timely filed with the department of health as 
 34.9   provided in section 259.52, qualify as an affidavit stating the 
 34.10  intention of the signatories to retain parental rights as 
 34.11  provided in section 259.52 if it contains the information 
 34.12  required by section 259.52 or rules promulgated thereunder; 
 34.13     (e) have the same consequences as a writing declaring 
 34.14  paternity of the child for the purposes of section 524.2-109; 
 34.15  and 
 34.16     (f) be conclusive evidence that the signatories are parents 
 34.17  of the child for the purposes of chapter 573. 
 34.18     Sec. 7.  Minnesota Statutes 2002, section 257.34, 
 34.19  subdivision 4, is amended to read: 
 34.20     Subd. 4.  [EXPIRATION OF AUTHORITY FOR DECLARATIONS.] No 
 34.21  acknowledgment of parentage shall be entered into on or after 
 34.22  August 1, 1995, under this section.  The mother and father of a 
 34.23  child born to a mother who was not married to the child's father 
 34.24  when the child was conceived nor when the child was born may 
 34.25  before, on, or after August 1, 1995, and before the effective 
 34.26  date of chapter 257C, sign a recognition of parentage under 
 34.27  section 257.75.  On and after the effective date of chapter 
 34.28  257C, an acknowledgment of paternity may be executed under 
 34.29  section 257C.302. 
 34.30     Sec. 8.  Minnesota Statutes 2002, section 260C.307, 
 34.31  subdivision 3, is amended to read: 
 34.32     Subd. 3.  [NOTICE.] The court shall have notice of the 
 34.33  time, place, and purpose of the hearing served on the parents, 
 34.34  as defined in sections 257.51 to 257.74 under chapter 257C or 
 34.35  section 259.49, subdivision 1, clause (2), and upon the child's 
 34.36  grandparent if the child has lived with the grandparent within 
 35.1   the two years immediately preceding the filing of the petition.  
 35.2   Notice must be served in the manner provided in sections 
 35.3   260C.151 and 260C.152, except that personal service shall be 
 35.4   made at least ten days before the day of the hearing.  Published 
 35.5   notice shall be made for three weeks, the last publication to be 
 35.6   at least ten days before the day of the hearing; and notice sent 
 35.7   by certified mail shall be mailed at least 20 days before the 
 35.8   day of the hearing.  A parent who consents to the termination of 
 35.9   parental rights under the provisions of section 260C.301, 
 35.10  subdivision 2, clause (a), may waive in writing the notice 
 35.11  required by this subdivision; however, if the parent is a minor 
 35.12  or incompetent the waiver shall be effective only if the 
 35.13  parent's guardian ad litem concurs in writing. 
 35.14     Sec. 9.  Minnesota Statutes 2002, section 518.156, 
 35.15  subdivision 1, is amended to read: 
 35.16     Subdivision 1.  [PROCEDURE.] In a court of this state which 
 35.17  has jurisdiction to decide child custody matters, a child 
 35.18  custody proceeding is commenced by a parent: 
 35.19     (1) by filing a petition for dissolution or legal 
 35.20  separation; or 
 35.21     (2) where a decree of dissolution or legal separation has 
 35.22  been entered or where none is sought, or when paternity has been 
 35.23  recognized under section 257.75 or acknowledged under section 
 35.24  257C.302, by filing a petition or motion seeking custody or 
 35.25  parenting time with the child in the county where the child is 
 35.26  permanently resident or where the child is found or where an 
 35.27  earlier order for custody of the child has been entered. 
 35.28     Sec. 10.  Minnesota Statutes 2002, section 518.157, 
 35.29  subdivision 3, is amended to read: 
 35.30     Subd. 3.  [ATTENDANCE.] In a proceeding under this chapter 
 35.31  or sections 257.51 to 257.75 chapter 257C where custody or 
 35.32  parenting time is contested, the parents of a minor child shall 
 35.33  attend an orientation and education program that meets the 
 35.34  minimum standards promulgated by the Minnesota supreme court.  
 35.35  In all other proceedings involving custody, support, or 
 35.36  parenting time the court may order the parents of a minor child 
 36.1   to attend a parent education program.  The program shall provide 
 36.2   the court with names of persons who fail to attend the parent 
 36.3   education program as ordered by the court.  Persons who are 
 36.4   separated or contemplating involvement in a dissolution, 
 36.5   paternity, custody, or parenting time proceeding may attend a 
 36.6   parent education program without a court order.  Participation 
 36.7   in a parent education program must occur as early as possible.  
 36.8   Parent education programs must offer an opportunity to 
 36.9   participate at all phases of a pending or postdecree 
 36.10  proceeding.  Upon request of a party and a showing of good 
 36.11  cause, the court may excuse the party from attending the 
 36.12  program.  If past or present domestic abuse, as defined in 
 36.13  chapter 518B, is alleged, the court shall not require the 
 36.14  parties to attend the same parent education sessions and shall 
 36.15  enter an order setting forth the manner in which the parties may 
 36.16  safely participate in the program. 
 36.17     Sec. 11.  Minnesota Statutes 2002, section 518.1705, 
 36.18  subdivision 3, is amended to read: 
 36.19     Subd. 3.  [CREATING PARENTING PLAN; RESTRICTIONS ON 
 36.20  CREATION; ALTERNATIVE.] (a) Upon the request of both parents, a 
 36.21  parenting plan must be created in lieu of an order for child 
 36.22  custody and parenting time unless the court makes detailed 
 36.23  findings that the proposed plan is not in the best interests of 
 36.24  the child. 
 36.25     (b) If both parents do not agree to a parenting plan, the 
 36.26  court may create one on its own motion, except that the court 
 36.27  must not do so if it finds that a parent has committed domestic 
 36.28  abuse against a parent or child who is a party to, or subject 
 36.29  of, the matter before the court.  If the court creates a 
 36.30  parenting plan on its own motion, it must not use alternative 
 36.31  terminology unless the terminology is agreed to by the parties. 
 36.32     (c) If an existing order does not contain a parenting plan, 
 36.33  the parents must not be required to create a parenting plan as 
 36.34  part of a modification order under section 518.64. 
 36.35     (d) A parenting plan must not be required during an action 
 36.36  under section 256.87. 
 37.1      (e) If the parents do not agree to a parenting plan and the 
 37.2   court does not create one on its own motion, orders for custody 
 37.3   and parenting time must be entered under sections 518.17 and 
 37.4   518.175 or section 257.541 257C.205, as applicable. 
 37.5      Sec. 12.  Minnesota Statutes 2002, section 518.5513, 
 37.6   subdivision 6, is amended to read: 
 37.7      Subd. 6.  [SHARING OF INFORMATION.] The public authority 
 37.8   may share available and relevant information on the parties in 
 37.9   order to perform its duties under this section or under supreme 
 37.10  court rules governing the expedited child support hearing 
 37.11  process under section 484.702, subject to the limitations of 
 37.12  sections 256.87, subdivision 8; 257.70; and 518.005, subdivision 
 37.13  5. 
 37.14     Sec. 13.  Minnesota Statutes 2002, section 518B.01, 
 37.15  subdivision 2, is amended to read: 
 37.16     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 37.17  following terms shall have the meanings given them:  
 37.18     (a) "Domestic abuse" means the following, if committed 
 37.19  against a family or household member by a family or household 
 37.20  member: 
 37.21     (1) physical harm, bodily injury, or assault; 
 37.22     (2) the infliction of fear of imminent physical harm, 
 37.23  bodily injury, or assault; or 
 37.24     (3) terroristic threats, within the meaning of section 
 37.25  609.713, subdivision 1; criminal sexual conduct, within the 
 37.26  meaning of section 609.342, 609.343, 609.344, 609.345, or 
 37.27  609.3451; or interference with an emergency call within the 
 37.28  meaning of section 609.78, subdivision 2.  
 37.29     (b) "Family or household members" means: 
 37.30     (1) spouses and former spouses; 
 37.31     (2) parents and children; 
 37.32     (3) persons related by blood; 
 37.33     (4) persons who are presently residing together or who have 
 37.34  resided together in the past; 
 37.35     (5) persons who have a child in common regardless of 
 37.36  whether they have been married or have lived together at any 
 38.1   time; 
 38.2      (6) a man and woman if the woman is pregnant and the man is 
 38.3   alleged to be the father, regardless of whether they have been 
 38.4   married or have lived together at any time; and 
 38.5      (7) persons involved in a significant romantic or sexual 
 38.6   relationship. 
 38.7      Issuance of an order for protection on the ground in clause 
 38.8   (6) does not affect a determination of paternity under sections 
 38.9   257.51 to 257.74 chapter 257C.  In determining whether persons 
 38.10  are or have been involved in a significant romantic or sexual 
 38.11  relationship under clause (7), the court shall consider the 
 38.12  length of time of the relationship; type of relationship; 
 38.13  frequency of interaction between the parties; and, if the 
 38.14  relationship has terminated, length of time since the 
 38.15  termination. 
 38.16     (c) "Qualified domestic violence-related offense" has the 
 38.17  meaning given in section 609.02, subdivision 16. 
 38.18     Sec. 14.  Minnesota Statutes 2002, section 518C.201, is 
 38.19  amended to read: 
 38.20     518C.201 [BASES FOR JURISDICTION OVER NONRESIDENT.] 
 38.21     In a proceeding to establish, enforce, or modify a support 
 38.22  order or to determine parentage, a tribunal of this state may 
 38.23  exercise personal jurisdiction over a nonresident individual or 
 38.24  the individual's guardian or conservator if: 
 38.25     (1) the individual is personally served with a summons or 
 38.26  comparable document within this state; 
 38.27     (2) the individual submits to the jurisdiction of this 
 38.28  state by consent, by entering a general appearance, or by filing 
 38.29  a responsive document having the effect of waiving any contest 
 38.30  to personal jurisdiction; 
 38.31     (3) the individual resided with the child in this state; 
 38.32     (4) the individual resided in this state and provided 
 38.33  prenatal expenses or support for the child; 
 38.34     (5) the child resides in this state as a result of the acts 
 38.35  or directives of the individual; 
 38.36     (6) the individual engaged in sexual intercourse in this 
 39.1   state and the child may have been conceived by that act of 
 39.2   intercourse; 
 39.3      (7) the individual asserted parentage under sections 257.51 
 39.4   to 257.75 chapter 257C; or 
 39.5      (8) there is any other basis consistent with the 
 39.6   constitutions of this state and the United States for the 
 39.7   exercise of personal jurisdiction. 
 39.8      Sec. 15.  Minnesota Statutes 2002, section 518C.701, is 
 39.9   amended to read: 
 39.10     518C.701 [PROCEEDING TO DETERMINE PARENTAGE.] 
 39.11     (a) A tribunal of this state may serve as an initiating or 
 39.12  responding tribunal in a proceeding brought under this chapter 
 39.13  or a law or procedure substantially similar to this chapter, or 
 39.14  under a law or procedure substantially similar to the Uniform 
 39.15  Reciprocal Enforcement of Support Act, or the Revised Uniform 
 39.16  Reciprocal Enforcement of Support Act to determine that the 
 39.17  petitioner is a parent of a particular child or to determine 
 39.18  that a respondent is a parent of that child. 
 39.19     (b) In a proceeding to determine parentage, a responding 
 39.20  tribunal of this state shall apply the Parentage Act, sections 
 39.21  257.51 to 257.74 chapter 257C, and the rules of this state on 
 39.22  choice of law. 
 39.23     Sec. 16.  Minnesota Statutes 2002, section 524.2-114, is 
 39.24  amended to read: 
 39.25     524.2-114 [MEANING OF CHILD AND RELATED TERMS.] 
 39.26     If, for purposes of intestate succession, a relationship of 
 39.27  parent and child must be established to determine succession by, 
 39.28  through, or from a person: 
 39.29     (1) An adopted person is the child of an adopting parent 
 39.30  and not of the birth parents except that adoption of a child by 
 39.31  the spouse of a birth parent has no effect on the relationship 
 39.32  between the child and that birth parent.  If a parent dies and a 
 39.33  child is subsequently adopted by a stepparent who is the spouse 
 39.34  of a surviving parent, any rights of inheritance of the child or 
 39.35  the child's descendant from or through the deceased parent of 
 39.36  the child which exist at the time of the death of that parent 
 40.1   shall not be affected by the adoption. 
 40.2      (2) In cases not covered by clause (1), a person is the 
 40.3   child of the person's parents regardless of the marital status 
 40.4   of the parents and the parent and child relationship may be 
 40.5   established under the Parentage Act, sections 257.51 and 
 40.6   257.74 chapter 257C. 
 40.7      Sec. 17.  [REPEALER.] 
 40.8      Minnesota Statutes 2002, section 13.465, subdivision 3, is 
 40.9   repealed.