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HF 3027

as introduced - 90th Legislature (2017 - 2018) Posted on 02/26/2018 02:26pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to family law; amending the effect of a recognition of parentage; amending
Minnesota Statutes 2016, section 257.75, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, section 257.75, subdivision 3, is amended to read:


Subd. 3.

Effect of recognition.

(a) Subject to subdivision 2 and section 257.55,
subdivision 1
, paragraph (g) or (h), the recognition has the force and effect of a judgment
or order determining the existence of the parent and child relationship under section 257.66.
If the conditions in section 257.55, subdivision 1, paragraph (g) or (h), exist, the recognition
creates only a presumption of paternity for purposes of sections 257.51 to 257.74. Once a
recognition has been properly executed and filed with the state registrar of vital records, if
there are no competing presumptions of paternitydeleted text begin ,deleted text end new text begin then:
new text end

new text begin (1)new text end a judicial or administrative court may not allow further action to determine parentage
regarding the signator of the recognitiondeleted text begin .deleted text end new text begin ; and
new text end

new text begin (2) the custody rights of the mother and father are considered equal until a temporary
or permanent order is entered determining custody and parenting time.
new text end

An action to determine custody and parenting time may be commenced pursuant to chapter
518 without an adjudication of parentage. deleted text begin Until a temporary or permanent order is entered
granting custody to another, the mother has sole custody.
deleted text end

(b) Following commencement of an action to determine custody or parenting time under
chapter 518, the court may, pursuant to section 518.131, grant temporary parenting time
rights and temporary custody to either parent.

(c) The recognition is:

(1) a basis for bringing an action for the following:

(i) to award temporary custody or parenting time pursuant to section 518.131;

(ii) to award permanent custody or parenting time to either parent;

(iii) establishing a child support obligation which may include up to the two years
immediately preceding the commencement of the action;

(iv) ordering a contribution by a parent under section 256.87;

(v) ordering a contribution to the reasonable expenses of the mother's pregnancy and
confinement, as provided under section 257.66, subdivision 3; or

(vi) ordering reimbursement for the costs of blood or genetic testing, as provided under
section 257.69, subdivision 2;

(2) determinative for all other purposes related to the existence of the parent and child
relationship; and

(3) entitled to full faith and credit in other jurisdictions.

new text begin EFFECTIVE DATE. new text end

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