SF 617

as introduced - 82nd Legislature (2001 - 2002) 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); proposing coding for new law as Minnesota 
  1.4             Statutes, chapter 257C; repealing Minnesota Statutes 
  1.5             2000, sections 257.51; 257.52; 257.53; 257.54; 
  1.6             257.541; 257.55; 257.56; 257.57; 257.58; 257.59; 
  1.7             257.60; 257.61; 257.62; 257.63; 257.64; 257.65; 
  1.8             257.651; 257.66; 257.67; 257.68; 257.69; 257.70; 
  1.9             257.71; 257.72; 257.73; 257.74; and 257.75. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11                             ARTICLE 1
  1.12                         GENERAL PROVISIONS
  1.13     Section 1.  [257C.101] [SHORT TITLE.] 
  1.14     This chapter may be cited as the "Uniform Parentage Act 
  1.15  (2000)." 
  1.16     Sec. 2.  [257C.102] [DEFINITIONS.] 
  1.17     Subdivision 1.  [SCOPE.] The definitions in this section 
  1.18  apply to this chapter. 
  1.19     Subd. 2.  [ACKNOWLEDGED FATHER.] "Acknowledged father" 
  1.20  means a man who has established a father-child relationship 
  1.21  under article 3. 
  1.22     Subd. 3.  [ADJUDICATED FATHER.] "Adjudicated father" means 
  1.23  a man who has been adjudicated by a court of competent 
  1.24  jurisdiction to be the father of a child. 
  1.25     Subd. 4.  [ALLEGED FATHER.] "Alleged father" means a man 
  1.26  who alleges himself to be, or is alleged to be, the genetic 
  1.27  father or a possible genetic father of a child, but whose 
  2.1   paternity has not been determined.  The term does not include: 
  2.2      (1) a presumed father; 
  2.3      (2) a man whose parental rights have been terminated or 
  2.4   declared not to exist; or 
  2.5      (3) a male donor. 
  2.6      Subd. 5.  [ASSISTED REPRODUCTION.] "Assisted reproduction" 
  2.7   means a method of causing pregnancy other than sexual 
  2.8   intercourse.  The term includes: 
  2.9      (1) intrauterine insemination; 
  2.10     (2) donation of eggs; 
  2.11     (3) donation of embryos; 
  2.12     (4) in vitro fertilization and transfer of embryos; and 
  2.13     (5) intracytoplasmic sperm injection. 
  2.14     Subd. 6.  [CHILD.] "Child" means an individual of any age 
  2.15  whose parentage may be determined under this chapter. 
  2.16     Subd. 7.  [COMMENCE.] "Commence" means to file the initial 
  2.17  pleading seeking an adjudication of parentage in a district 
  2.18  court of this state. 
  2.19     Subd. 8.  [DETERMINATION OF PARENTAGE.] "Determination of 
  2.20  parentage" means the establishment of the parent-child 
  2.21  relationship by the signing of a valid acknowledgment of 
  2.22  paternity under article 3 or adjudication by the court. 
  2.23     Subd. 9.  [DONOR.] "Donor" means an individual who produces 
  2.24  eggs or sperm used for assisted reproduction, whether or not for 
  2.25  consideration.  The term does not include: 
  2.26     (1) a husband who provides sperm, or a wife who provides 
  2.27  eggs, to be used for assisted reproduction by the wife; or 
  2.28     (2) a woman who gives birth to a child by means of assisted 
  2.29  reproduction, except as otherwise provided in article 8. 
  2.30     Subd. 10.  [ETHNIC OR RACIAL GROUP.] "Ethnic or racial 
  2.31  group" means, for purposes of genetic testing, a recognized 
  2.32  group that an individual identifies as all or part of the 
  2.33  individual's ancestry or that is so identified by other 
  2.34  information. 
  2.35     Subd. 11.  [GENETIC TESTING.] "Genetic testing" means an 
  2.36  analysis of genetic markers to exclude or identify a man as the 
  3.1   father or a woman as the mother of a child.  The term includes 
  3.2   an analysis of one or a combination of the following: 
  3.3      (1) deoxyribonucleic acid; and 
  3.4      (2) blood-group antigens, red-cell antigens, 
  3.5   human-leukocyte antigens, serum enzymes, serum proteins, or 
  3.6   red-cell enzymes.  
  3.7      Subd. 12.  [GESTATIONAL MOTHER.] "Gestational mother" means 
  3.8   a woman who gives birth to a child under a gestational agreement.
  3.9      Subd. 13.  [INTENDED PARENTS.] "Intended parents" means 
  3.10  individuals who enter into an agreement providing that they will 
  3.11  be the parents of a child born to a gestational mother by means 
  3.12  of assisted reproduction, whether or not either of them has a 
  3.13  genetic relationship with the child. 
  3.14     Subd. 14.  [MAN.] "Man" means a male individual of any age. 
  3.15     Subd. 15.  [PARENT.] "Parent" means an individual who has 
  3.16  established a parent-child relationship under section 257C.201. 
  3.17     Subd. 16.  [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. 17.  [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. 18.  [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. 19.  [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. 20.  [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. 21.  [SIGNATORY.] "Signatory" means an individual who 
  4.13  authenticates a record and is bound by its terms. 
  4.14     Subd. 22.  [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. 23.  [SUPPORT ENFORCEMENT AGENCY.] "Support 
  4.19  enforcement agency" means a public official or agency authorized 
  4.20  to seek: 
  4.21     (1) enforcement of support orders or laws relating to the 
  4.22  duty of support; 
  4.23     (2) establishment or modification of child support; 
  4.24     (3) determination of parentage; or 
  4.25     (4) location of 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 governs every determination of parentage 
  4.29  in 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 intended parents in which the 
  5.3   woman relinquishes all rights as a parent of a child conceived 
  5.4   by means of assisted reproduction, and which provides that the 
  5.5   intended parents become the parents of the child.  If a birth 
  5.6   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                             ARTICLE 2
  5.23                     PARENT-CHILD RELATIONSHIP
  5.24     Section 1.  [257C.201] [ESTABLISHMENT OF PARENT-CHILD 
  5.25  RELATIONSHIP.] 
  5.26     (a) The mother-child relationship is established between a 
  5.27  woman and a child by: 
  5.28     (1) the woman's having given birth to the child, except as 
  5.29  otherwise provided in article 8; 
  5.30     (2) an adjudication of the woman's maternity; 
  5.31     (3) adoption of the child by the woman; or 
  5.32     (4) an adjudication confirming the woman as a parent of a 
  5.33  child born to a gestational mother if the agreement was 
  5.34  validated under article 8 or is enforceable under other law. 
  5.35     (b) The father-child relationship is established between a 
  5.36  man and a child by: 
  6.1      (1) an unrebutted presumption of the man's paternity of the 
  6.2   child under section 257C.204; 
  6.3      (2) an effective acknowledgment of paternity by the man 
  6.4   under article 3, unless the acknowledgment has been rescinded or 
  6.5   successfully challenged; 
  6.6      (3) an adjudication of the man's paternity; 
  6.7      (4) adoption of the child by the man; 
  6.8      (5) the man's having consented to assisted reproduction by 
  6.9   his wife under article 7 which resulted in the birth of the 
  6.10  child; or 
  6.11     (6) an adjudication confirming the man as a parent of a 
  6.12  child born to a gestational mother if the agreement was 
  6.13  validated under article 8 or is enforceable under other law. 
  6.14     Sec. 2.  [257C.202] [NO DISCRIMINATION BASED ON MARITAL 
  6.15  STATUS.] 
  6.16     A child born to parents who are not married to each other 
  6.17  has the same rights under the law as a child born to parents who 
  6.18  are married to each other. 
  6.19     Sec. 3.  [257C.203] [CONSEQUENCES OF ESTABLISHMENT OF 
  6.20  PARENTAGE.] 
  6.21     Unless parental rights are terminated, a parent-child 
  6.22  relationship established under this chapter applies for all 
  6.23  purposes, except as otherwise provided by other law of this 
  6.24  state. 
  6.25     Sec. 4.  [257C.204] [PRESUMPTION OF PATERNITY IN CONTEXT OF 
  6.26  MARRIAGE.] 
  6.27     (a) A man is presumed to be the father of a child if: 
  6.28     (1) he and the mother of the child are married to each 
  6.29  other and the child is born during the marriage; 
  6.30     (2) he and the mother of the child were married to each 
  6.31  other and the child is born within 300 days after the marriage 
  6.32  is terminated by death, annulment, declaration of invalidity, or 
  6.33  divorce, or after a decree of separation; 
  6.34     (3) before the birth of the child, he and the mother of the 
  6.35  child married each other in apparent compliance with law, even 
  6.36  if the attempted marriage is or could be declared invalid, and 
  7.1   the child is born during the invalid marriage or within 300 days 
  7.2   after its termination by death, annulment, declaration of 
  7.3   invalidity, or divorce, or after a decree of separation; or 
  7.4      (4) after the birth of the child, he and the mother of the 
  7.5   child married each other in apparent compliance with law, 
  7.6   whether or not the marriage is or could be declared invalid, and 
  7.7   he voluntarily asserted his paternity of the child, and: 
  7.8      (i) the assertion is in a record filed with the department 
  7.9   of health; 
  7.10     (ii) he agreed to be and is named as the child's father on 
  7.11  the child's birth certificate; or 
  7.12     (iii) he promised in a record to support the child as his 
  7.13  own. 
  7.14     (b) A presumption of paternity established under this 
  7.15  section may be rebutted only by an adjudication under article 6. 
  7.16                             ARTICLE 3
  7.17               VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
  7.18     Section 1.  [257C.301] [ACKNOWLEDGMENT OF PATERNITY.] 
  7.19     The mother of a child and a man claiming to be the father 
  7.20  of the child conceived as the result of his sexual intercourse 
  7.21  with the mother may sign an acknowledgment of paternity with 
  7.22  intent to establish the man's paternity. 
  7.23     Sec. 2.  [257C.302] [EXECUTION OF ACKNOWLEDGMENT OF 
  7.24  PATERNITY.] 
  7.25     (a) An acknowledgment of paternity must: 
  7.26     (1) be in a record; 
  7.27     (2) be signed, or otherwise authenticated, under penalty of 
  7.28  perjury by the mother and by the man seeking to establish his 
  7.29  paternity; 
  7.30     (3) state that the child whose paternity is being 
  7.31  acknowledged: 
  7.32     (i) does not have a presumed father, or has a presumed 
  7.33  father whose full name is stated; and 
  7.34     (ii) does not have another acknowledged or adjudicated 
  7.35  father; 
  7.36     (4) state whether there has been genetic testing and, if 
  8.1   so, that the acknowledging man's claim of paternity is 
  8.2   consistent with the results of the testing; and 
  8.3      (5) state that the signatories understand that the 
  8.4   acknowledgment is the equivalent of a judicial adjudication of 
  8.5   paternity of the child and that a challenge to the 
  8.6   acknowledgment is permitted only under limited circumstances and 
  8.7   is barred after two years. 
  8.8      (b) An acknowledgment of paternity is void if it: 
  8.9      (1) states that another man is a presumed father, unless a 
  8.10  denial of paternity signed or otherwise authenticated by the 
  8.11  presumed father is filed with the department of health; 
  8.12     (2) states that another man is an acknowledged or 
  8.13  adjudicated father; or 
  8.14     (3) falsely denies the existence of a presumed, 
  8.15  acknowledged, or adjudicated father of the child. 
  8.16     (c) A presumed father may sign or otherwise authenticate an 
  8.17  acknowledgment of paternity. 
  8.18     Sec. 3.  [257C.303] [DENIAL OF PATERNITY.] 
  8.19     A presumed father may sign a denial of his paternity.  The 
  8.20  denial is valid only if: 
  8.21     (1) an acknowledgment of paternity signed, or otherwise 
  8.22  authenticated, by another man is filed pursuant to section 
  8.23  257C.305; 
  8.24     (2) the denial is in a record, and is signed, or otherwise 
  8.25  authenticated, under penalty of perjury; and 
  8.26     (3) the presumed father has not previously: 
  8.27     (i) acknowledged his paternity, unless the previous 
  8.28  acknowledgment has been rescinded pursuant to section 257C.307 
  8.29  or successfully challenged pursuant to section 257C.308; or 
  8.30     (ii) been adjudicated to be the father of the child. 
  8.31     Sec. 4.  [257C.304] [RULES FOR ACKNOWLEDGMENT AND DENIAL OF 
  8.32  PATERNITY.] 
  8.33     (a) An acknowledgment of paternity and a denial of 
  8.34  paternity may be contained in a single document or may be signed 
  8.35  in counterparts, and may be filed separately or simultaneously.  
  8.36  If the acknowledgment and denial are both necessary, neither is 
  9.1   valid until both are filed. 
  9.2      (b) An acknowledgment of paternity or a denial of paternity 
  9.3   may be signed before the birth of the child. 
  9.4      (c) Subject to paragraph (a), an acknowledgment of 
  9.5   paternity or denial of paternity takes effect on the birth of 
  9.6   the child or the filing of the document with the department of 
  9.7   health, whichever occurs later. 
  9.8      (d) An acknowledgment of paternity or denial of paternity 
  9.9   signed by a minor is valid if it is otherwise in compliance with 
  9.10  this chapter. 
  9.11     Sec. 5.  [257C.305] [EFFECT OF ACKNOWLEDGMENT OR DENIAL OF 
  9.12  PATERNITY.] 
  9.13     (a) Except as otherwise provided in sections 257C.307 and 
  9.14  257C.308, a valid acknowledgment of paternity filed with the 
  9.15  department of health is equivalent to an adjudication of 
  9.16  paternity of a child and confers upon the acknowledged father 
  9.17  all of the rights and duties of a parent. 
  9.18     (b) Except as otherwise provided in sections 257C.307 and 
  9.19  257C.308, a valid denial of paternity filed with the department 
  9.20  of health in conjunction with a valid acknowledgment of 
  9.21  paternity is equivalent to an adjudication of the nonpaternity 
  9.22  of the presumed father and discharges the presumed father from 
  9.23  all rights and duties of a parent. 
  9.24     Sec. 6.  [257C.306] [NO FILING FEE.] 
  9.25     The department of health may not charge a fee for filing an 
  9.26  acknowledgment of paternity or denial of paternity. 
  9.27     Sec. 7.  [257C.307] [PROCEEDING FOR RESCISSION.] 
  9.28     A signatory may rescind an acknowledgment of paternity or 
  9.29  denial of paternity by commencing a proceeding to rescind before 
  9.30  the earlier of: 
  9.31     (1) 60 days after the effective date of the acknowledgment 
  9.32  or denial, as provided in section 257C.304; or 
  9.33     (2) the date of the first hearing, in a proceeding to which 
  9.34  the signatory is a party, before a court to adjudicate an issue 
  9.35  relating to the child, including a proceeding that establishes 
  9.36  support. 
 10.1      Sec. 8.  [257C.308] [CHALLENGE AFTER EXPIRATION OF PERIOD 
 10.2   FOR RESCISSION.] 
 10.3      (a) After the period for rescission under section 257C.307 
 10.4   has expired, a signatory of an acknowledgment of paternity or 
 10.5   denial of paternity may commence a proceeding to challenge the 
 10.6   acknowledgment or denial only: 
 10.7      (1) on the basis of fraud, duress, or material mistake of 
 10.8   fact; and 
 10.9      (2) within two years after the acknowledgment or denial is 
 10.10  filed with the department of health. 
 10.11     (b) A party challenging an acknowledgment of paternity or 
 10.12  denial of paternity has the burden of proof. 
 10.13     Sec. 9.  [257C.309] [PROCEDURE FOR RESCISSION OR 
 10.14  CHALLENGE.] 
 10.15     (a) Every signatory to an acknowledgment of paternity and 
 10.16  any related denial of paternity must be made a party to a 
 10.17  proceeding to rescind or challenge the acknowledgment or denial. 
 10.18     (b) For the purpose of rescission of, or challenge to, an 
 10.19  acknowledgment of paternity or denial of paternity, a signatory 
 10.20  submits to personal jurisdiction of this state by signing the 
 10.21  acknowledgment or denial, effective upon the filing of the 
 10.22  document with the department of health. 
 10.23     (c) Except for good cause shown, during the pendency of a 
 10.24  proceeding to rescind or challenge an acknowledgment of 
 10.25  paternity or denial of paternity, the court may not suspend the 
 10.26  legal responsibilities of a signatory arising from the 
 10.27  acknowledgment, including the duty to pay child support. 
 10.28     (d) A proceeding to rescind or to challenge an 
 10.29  acknowledgment of paternity or denial of paternity must be 
 10.30  conducted in the same manner as a proceeding to adjudicate 
 10.31  parentage under article 6. 
 10.32     (e) At the conclusion of a proceeding to rescind or 
 10.33  challenge an acknowledgment of paternity or denial of paternity, 
 10.34  the court shall order the department of health to amend the 
 10.35  birth record of the child, if appropriate. 
 10.36     Sec. 10.  [257C.310] [RATIFICATION BARRED.] 
 11.1      A court or administrative agency conducting a judicial or 
 11.2   administrative proceeding is not required or permitted to ratify 
 11.3   an unchallenged acknowledgment of paternity. 
 11.4      Sec. 11.  [257C.311] [FULL FAITH AND CREDIT.] 
 11.5      A court of this state shall give full faith and credit to 
 11.6   an acknowledgment of paternity or denial of paternity effective 
 11.7   in another state if the acknowledgment or denial has been signed 
 11.8   and is otherwise in compliance with the law of the other state. 
 11.9      Sec. 12.  [257C.312] [FORMS FOR ACKNOWLEDGMENT AND DENIAL 
 11.10  OF PATERNITY.] 
 11.11     (a) To facilitate compliance with this article, the 
 11.12  department of health shall prescribe forms for the 
 11.13  acknowledgment of paternity and the denial of paternity. 
 11.14     (b) A valid acknowledgment of paternity or denial of 
 11.15  paternity is not affected by a later modification of the 
 11.16  prescribed form. 
 11.17     Sec. 13.  [257C.313] [RELEASE OF INFORMATION.] 
 11.18     The department of health may release information relating 
 11.19  to the acknowledgment of paternity or denial of paternity to a 
 11.20  signatory of the acknowledgment or denial and to courts and 
 11.21  appropriate state or federal agencies of this or another state. 
 11.22     Sec. 14.  [257C.314] [ADOPTION OF RULES.] 
 11.23     The department of health may adopt rules to implement this 
 11.24  article. 
 11.25                             ARTICLE 4
 11.26                       REGISTRY OF PATERNITY
 11.27                               PART 1
 11.28                         GENERAL PROVISIONS
 11.29     Section 1.  [257C.401] [ESTABLISHMENT OF REGISTRY.] 
 11.30     A registry of paternity is established in the department of 
 11.31  health. 
 11.32     Sec. 2.  [257C.402] [REGISTRATION FOR NOTIFICATION.] 
 11.33     (a) Except as otherwise provided in paragraph (b) or 
 11.34  section 257C.405, a man who desires to be notified of a 
 11.35  proceeding for adoption of, or termination of parental rights 
 11.36  regarding, a child that he may have fathered must register in 
 12.1   the registry of paternity before the birth of the child or 
 12.2   within 30 days after the birth. 
 12.3      (b) A man is not required to register if: 
 12.4      (1) a father-child relationship between the man and the 
 12.5   child has been established under this chapter or other law; or 
 12.6      (2) the man commences a proceeding to adjudicate his 
 12.7   paternity before the court has terminated his parental rights. 
 12.8      (c) A registrant shall promptly notify the registry in a 
 12.9   record of any change in the information registered.  The 
 12.10  department of health shall incorporate all new information 
 12.11  received into its records but need not affirmatively seek to 
 12.12  obtain current information for incorporation in the registry. 
 12.13     Sec. 3.  [257C.403] [NOTICE OF PROCEEDING.] 
 12.14     Notice of a proceeding for the adoption of, or termination 
 12.15  of parental rights regarding, a child must be given to a 
 12.16  registrant who has timely registered.  Notice must be given in a 
 12.17  manner prescribed for service of process in a civil action. 
 12.18     Sec. 4.  [257C.404] [TERMINATION OF PARENTAL RIGHTS; CHILD 
 12.19  UNDER ONE YEAR OF AGE.] 
 12.20     The parental rights of a man who may be the father of a 
 12.21  child may be terminated without notice if: 
 12.22     (1) the child has not attained one year of age at the time 
 12.23  of the termination of parental rights; 
 12.24     (2) the man did not timely register with the department of 
 12.25  health; and 
 12.26     (3) the man is not exempt from registration under section 
 12.27  257C.402. 
 12.28     Sec. 5.  [257C.405] [TERMINATION OF PARENTAL RIGHTS; CHILD 
 12.29  AT LEAST ONE YEAR OF AGE.] 
 12.30     (a) If a child has attained one year of age, notice of a 
 12.31  proceeding for adoption of, or termination of parental rights 
 12.32  regarding, the child must be given to every alleged father of 
 12.33  the child, whether or not he has registered with the department 
 12.34  of health. 
 12.35     (b) Notice must be given in a manner prescribed for service 
 12.36  of process in a civil action. 
 13.1                                PART 2
 13.2                        OPERATION OF REGISTRY
 13.3      Sec. 6.  [257C.411] [REQUIRED FORM.] 
 13.4      The department of health shall prepare a form for 
 13.5   registering with the agency.  The form must require the 
 13.6   signature of the registrant.  The form must state that the form 
 13.7   is signed under penalty of perjury.  The form must also state 
 13.8   that: 
 13.9      (1) a timely registration entitles the registrant to notice 
 13.10  of a proceeding for adoption of the child or termination of the 
 13.11  registrant's parental rights; 
 13.12     (2) a timely registration does not commence a proceeding to 
 13.13  establish paternity; 
 13.14     (3) the information disclosed on the form may be used 
 13.15  against the registrant to establish paternity; 
 13.16     (4) services to assist in establishing paternity are 
 13.17  available to the registrant through the support enforcement 
 13.18  agency; 
 13.19     (5) the registrant should also register in another state if 
 13.20  conception or birth of the child occurred in the other state; 
 13.21     (6) information on registries of other states is available 
 13.22  from the department of health; and 
 13.23     (7) procedures exist to rescind the registration of a claim 
 13.24  of paternity. 
 13.25     Sec. 7.  [257C.412] [FURNISHING OF INFORMATION; 
 13.26  CONFIDENTIALITY.] 
 13.27     (a) The department of health need not seek to locate the 
 13.28  mother of a child who is the subject of a registration, but 
 13.29  shall send a copy of the notice of registration to a mother if 
 13.30  she has provided an address. 
 13.31     (b) Information contained in the registry is confidential 
 13.32  and may be released on request only to: 
 13.33     (1) a court or a person designated by the court; 
 13.34     (2) the mother of the child who is the subject of the 
 13.35  registration; 
 13.36     (3) an agency authorized by other law to receive the 
 14.1   information; 
 14.2      (4) a licensed child-placing agency; 
 14.3      (5) a support enforcement agency; 
 14.4      (6) a party or the party's attorney of record in a 
 14.5   proceeding under this chapter or in a proceeding for adoption 
 14.6   of, or for termination of parental rights regarding, a child who 
 14.7   is the subject of the registration; and 
 14.8      (7) the registry of paternity in another state. 
 14.9      Sec. 8.  [257C.413] [PENALTY FOR RELEASING INFORMATION.] 
 14.10     An individual commits a misdemeanor if the individual 
 14.11  intentionally releases information from the registry to another 
 14.12  individual or agency not authorized to receive the information 
 14.13  under section 257C.412. 
 14.14     Sec. 9.  [257C.414] [RESCISSION OF REGISTRATION.] 
 14.15     A registrant may rescind his registration at any time by 
 14.16  sending to the registry a rescission in a record signed or 
 14.17  otherwise authenticated by him, and witnessed or notarized. 
 14.18     Sec. 10.  [257C.415] [UNTIMELY REGISTRATION.] 
 14.19     If a man registers more than 30 days after the birth of the 
 14.20  child, the department of health shall notify the registrant that 
 14.21  on its face his registration was not timely filed. 
 14.22     Sec. 11.  [257C.416] [FEES FOR REGISTRY.] 
 14.23     (a) A fee may not be charged for filing a registration or a 
 14.24  rescission of registration. 
 14.25     (b) Except as otherwise provided in paragraph (c), the 
 14.26  department of health may charge a reasonable fee for making a 
 14.27  search of the registry and for furnishing a certificate. 
 14.28     (c) A support enforcement agency is not required to pay a 
 14.29  fee authorized by paragraph (b). 
 14.30                               PART 3
 14.31                        SEARCH OF REGISTRIES
 14.32     Sec. 12.  [257C.421] [SEARCH OF APPROPRIATE REGISTRY.] 
 14.33     (a) If a father-child relationship has not been established 
 14.34  under this chapter for a child under one year of age, a 
 14.35  petitioner for adoption of, or termination of parental rights 
 14.36  regarding, the child must obtain a certificate of search of the 
 15.1   registry of paternity. 
 15.2      (b) If a petitioner for adoption of, or termination of 
 15.3   parental rights regarding, a child has reason to believe that 
 15.4   the conception or birth of the child may have occurred in 
 15.5   another state, the petitioner must also obtain a certificate of 
 15.6   search from the registry of paternity, if any, in that state. 
 15.7      Sec. 13.  [257C.422] [CERTIFICATE OF SEARCH OF REGISTRY.] 
 15.8      (a) The department of health shall furnish to the requester 
 15.9   a certificate of search of the registry on request of an 
 15.10  individual, court, or agency identified in section 257C.412. 
 15.11     (b) A certificate provided by the department of health must 
 15.12  be signed on behalf of the agency and state that: 
 15.13     (1) a search has been made of the registry; and 
 15.14     (2) a registration containing the information required to 
 15.15  identify the registrant: 
 15.16     (i) has been found and is attached to the certificate of 
 15.17  search; or 
 15.18     (ii) has not been found. 
 15.19     (c) A petitioner must file the certificate of search with 
 15.20  the court before a proceeding for adoption of, or termination of 
 15.21  parental rights regarding, a child may be concluded. 
 15.22     Sec. 14.  [257C.423] [ADMISSIBILITY OF REGISTERED 
 15.23  INFORMATION.] 
 15.24     A certificate of search of the registry of paternity in 
 15.25  this or another state is admissible in a proceeding for adoption 
 15.26  of, or termination of parental rights regarding, a child and, if 
 15.27  relevant, in other legal proceedings. 
 15.28                             ARTICLE 5
 15.29                          GENETIC TESTING
 15.30     Section 1.  [257C.501] [SCOPE OF ARTICLE.] 
 15.31     This article governs genetic testing of an individual to 
 15.32  determine parentage, whether the individual: 
 15.33     (1) voluntarily submits to testing; or 
 15.34     (2) is tested pursuant to an order of the court or a 
 15.35  support enforcement agency. 
 15.36     Sec. 2.  [257C.502] [ORDER FOR TESTING.] 
 16.1      (a) Except as otherwise provided in this article and 
 16.2   article 6, the court shall order the child and other designated 
 16.3   individuals to submit to genetic testing if the request for 
 16.4   testing is supported by the sworn statement of a party to the 
 16.5   proceeding: 
 16.6      (1) alleging paternity and stating facts establishing a 
 16.7   reasonable probability of the requisite sexual contact between 
 16.8   the individuals; or 
 16.9      (2) denying paternity and stating facts establishing a 
 16.10  possibility that sexual contact between the individuals, if any, 
 16.11  did not result in the conception of the child. 
 16.12     (b) A support enforcement agency may order genetic testing 
 16.13  only if there is no presumed, acknowledged, or adjudicated 
 16.14  father. 
 16.15     (c) If a request for genetic testing of a child is made 
 16.16  before birth, the court or support enforcement agency may not 
 16.17  order in utero testing. 
 16.18     (d) If two or more men are subject to court-ordered genetic 
 16.19  testing, the testing may be ordered concurrently or sequentially.
 16.20     Sec. 3.  [257C.503] [REQUIREMENTS FOR GENETIC TESTING.] 
 16.21     (a) Genetic testing must be of a type reasonably relied 
 16.22  upon by experts in the field of genetic testing and performed in 
 16.23  a testing laboratory accredited by: 
 16.24     (1) the American Association of Blood Banks or a successor 
 16.25  to its functions; 
 16.26     (2) the American Society for Histocompatibility and 
 16.27  Immunogenetics or a successor to its functions; or 
 16.28     (3) an accrediting body designated by the United States 
 16.29  Secretary of Health and Human Services. 
 16.30     (b) A specimen used in genetic testing may consist of one 
 16.31  or more samples, or a combination of samples, of blood, buccal 
 16.32  cells, bone, hair, or other body tissue or fluid.  The specimen 
 16.33  used in the testing need not be of the same kind for each 
 16.34  individual undergoing genetic testing. 
 16.35     (c) Based on the ethnic or racial group of an individual, 
 16.36  the testing laboratory shall determine the databases from which 
 17.1   to select frequencies for use in calculation of the probability 
 17.2   of paternity.  If there is disagreement as to the testing 
 17.3   laboratory's choice, the following rules apply: 
 17.4      (1) The individual objecting may require the testing 
 17.5   laboratory, within 30 days after receipt of the report of the 
 17.6   test, to recalculate the probability of paternity using an 
 17.7   ethnic or racial group different from that used by the 
 17.8   laboratory. 
 17.9      (2) The individual objecting to the testing laboratory's 
 17.10  initial choice shall: 
 17.11     (i) if the frequencies are not available to the testing 
 17.12  laboratory for the ethnic or racial group requested, provide the 
 17.13  requested frequencies compiled in a manner recognized by 
 17.14  accrediting bodies; or 
 17.15     (ii) engage another testing laboratory to perform the 
 17.16  calculations. 
 17.17     (3) The testing laboratory may use its own statistical 
 17.18  estimate if there is a question regarding which ethnic or racial 
 17.19  group is appropriate.  If available, the testing laboratory 
 17.20  shall calculate the frequencies using statistics for any other 
 17.21  ethnic or racial group requested. 
 17.22     (d) If, after recalculation using a different ethnic or 
 17.23  racial group, genetic testing does not rebuttably identify a man 
 17.24  as the father of a child under section 257C.505, an individual 
 17.25  who has been tested may be required to submit to additional 
 17.26  genetic testing. 
 17.27     Sec. 4.  [257C.504] [REPORT OF GENETIC TESTING.] 
 17.28     (a) A report of genetic testing must be in a record and 
 17.29  signed under penalty of perjury by a designee of the testing 
 17.30  laboratory.  A report made under the requirements of this 
 17.31  article is self-authenticating. 
 17.32     (b) Documentation from the testing laboratory of the 
 17.33  following information is sufficient to establish a reliable 
 17.34  chain of custody that allows the results of genetic testing to 
 17.35  be admissible without testimony: 
 17.36     (1) the names and photographs of the individuals whose 
 18.1   specimens have been taken; 
 18.2      (2) the names of the individuals who collected the 
 18.3   specimens; 
 18.4      (3) the places and dates the specimens were collected; 
 18.5      (4) the names of the individuals who received the specimens 
 18.6   in the testing laboratory; and 
 18.7      (5) the dates the specimens were received. 
 18.8      Sec. 5.  [257C.505] [GENETIC TESTING RESULTS; REBUTTAL.] 
 18.9      (a) Under this chapter, a man is rebuttably identified as 
 18.10  the father of a child if the genetic testing complies with this 
 18.11  article and the results disclose: 
 18.12     (1) that the man has at least a 99 percent probability of 
 18.13  paternity, using a prior probability of 0.50, as calculated by 
 18.14  using the combined paternity index obtained in the testing; and 
 18.15     (2) a combined paternity index of at least 100 to 1. 
 18.16     (b) A man identified under paragraph (a) as the father of a 
 18.17  child may rebut the genetic testing results only by other 
 18.18  genetic testing satisfying the requirements of this article 
 18.19  which: 
 18.20     (1) excludes the man as a genetic father of the child; or 
 18.21     (2) identifies another man as the father of the child. 
 18.22     (c) Except as otherwise provided in section 257C.510, if 
 18.23  more than one man is identified by genetic testing as the 
 18.24  possible father of a child, the court shall order them to submit 
 18.25  to further genetic testing to identify the genetic father. 
 18.26     Sec. 6.  [257C.506] [COSTS OF GENETIC TESTING.] 
 18.27     (a) Subject to assessment of costs under article 6, the 
 18.28  cost of initial genetic testing must be advanced: 
 18.29     (1) by a support enforcement agency in a proceeding in 
 18.30  which the support enforcement agency is providing services; 
 18.31     (2) by the individual who made the request; 
 18.32     (3) as agreed by the parties; or 
 18.33     (4) as ordered by the court. 
 18.34     (b) In cases in which the cost is advanced by the support 
 18.35  enforcement agency, the agency may seek reimbursement from a man 
 18.36  who is rebuttably identified as the father. 
 19.1      Sec. 7.  [257C.507] [ADDITIONAL GENETIC TESTING.] 
 19.2      The court or the support enforcement agency shall order 
 19.3   additional genetic testing upon the request of a party who 
 19.4   contests the result of the regional testing.  If the previous 
 19.5   genetic testing identified a man as the father of the child 
 19.6   under section 257C.505, the court or agency may not order 
 19.7   additional testing unless the party provides advance payment for 
 19.8   the testing. 
 19.9      Sec. 8.  [257C.508] [GENETIC TESTING WHEN SPECIMENS NOT 
 19.10  AVAILABLE.] 
 19.11     (a) Subject to paragraph (b), if a genetic testing specimen 
 19.12  is not available from a man who may be the father of a child, 
 19.13  for good cause and under circumstances the court considers to be 
 19.14  just, the court may order the following individuals to submit 
 19.15  specimens for genetic testing: 
 19.16     (1) the parents of the man; 
 19.17     (2) the brothers and sisters of the man; 
 19.18     (3) other children of the man and their mothers; and 
 19.19     (4) other relatives of the man necessary to complete 
 19.20  genetic testing. 
 19.21     (b) Issuance of an order under this section requires a 
 19.22  finding that a need for genetic testing outweighs the legitimate 
 19.23  interests of the individual sought to be tested. 
 19.24     Sec. 9.  [257C.509] [DECEASED INDIVIDUAL.] 
 19.25     For good cause shown, the court may order genetic testing 
 19.26  of a deceased individual. 
 19.27     Sec. 10.  [257C.510] [IDENTICAL BROTHERS.] 
 19.28     (a) The court may order genetic testing of a brother of a 
 19.29  man identified as the father of a child if the man is commonly 
 19.30  believed to have an identical brother and evidence suggests that 
 19.31  the brother may be the genetic father of the child. 
 19.32     (b) If each brother satisfies the requirements as the 
 19.33  identified father of the child under section 257C.505 without 
 19.34  consideration of another identical brother being identified as 
 19.35  the father of the child, the court may rely on nongenetic 
 19.36  evidence to adjudicate which brother is the father of the child. 
 20.1      Sec. 11.  [257C.511] [CONFIDENTIALITY OF GENETIC TESTING.] 
 20.2      (a) Release of the report of genetic testing for parentage 
 20.3   is controlled by applicable state law. 
 20.4      (b) An individual who intentionally releases an 
 20.5   identifiable specimen of another individual for any purpose 
 20.6   other than that relevant to the proceeding regarding parentage 
 20.7   without a court order or the written permission of the 
 20.8   individual who furnished the specimen commits a misdemeanor. 
 20.9                              ARTICLE 6
 20.10                 PROCEEDING TO ADJUDICATE PARENTAGE
 20.11                               PART 1
 20.12                        NATURE OF PROCEEDING
 20.13     Section 1.  [257C.601] [PROCEEDING AUTHORIZED.] 
 20.14     A civil proceeding may be maintained to adjudicate the 
 20.15  parentage of a child.  The proceeding is governed by the 
 20.16  Minnesota Rules of Civil Procedure. 
 20.17     Sec. 2.  [257C.602] [STANDING TO MAINTAIN PROCEEDING.] 
 20.18     Subject to article 3 and sections 257C.607 and 257C.609, a 
 20.19  proceeding to adjudicate parentage may be maintained by: 
 20.20     (1) the child; 
 20.21     (2) the mother of the child; 
 20.22     (3) a man whose paternity of the child is to be 
 20.23  adjudicated; 
 20.24     (4) the support enforcement agency or other governmental 
 20.25  agency authorized by other law; 
 20.26     (5) an authorized adoption agency or licensed child-placing 
 20.27  agency; 
 20.28     (6) a representative authorized by law to act for an 
 20.29  individual who would otherwise by entitled to maintain a 
 20.30  proceeding but who is deceased, incapacitated, or a minor; or 
 20.31     (7) an intended parent under article 8. 
 20.32     Sec. 3.  [257C.603] [PARTIES TO PROCEEDING.] 
 20.33     The following individuals must be joined as parties in a 
 20.34  proceeding to adjudicate parentage: 
 20.35     (1) the mother of the child; and 
 20.36     (2) a man whose paternity of the child is to be adjudicated.
 21.1      Sec. 4.  [257C.604] [PERSONAL JURISDICTION.] 
 21.2      (a) An individual may not be adjudicated to be a parent 
 21.3   unless the court has personal jurisdiction over the individual. 
 21.4      (b) A court of this state having jurisdiction to adjudicate 
 21.5   parentage may exercise personal jurisdiction over a nonresident 
 21.6   individual, or the guardian or conservator of the individual, if 
 21.7   the conditions prescribed in section 518C.201 are fulfilled. 
 21.8      (c) Lack of jurisdiction over one individual does not 
 21.9   preclude the court from making an adjudication of parentage 
 21.10  binding on another individual over whom the court has personal 
 21.11  jurisdiction. 
 21.12     Sec. 5.  [257C.605] [VENUE.] 
 21.13     Venue for a proceeding to adjudicate parentage is in the 
 21.14  county of this state in which: 
 21.15     (1) the child resides or is found; 
 21.16     (2) the respondent resides or is found if the child does 
 21.17  not reside in this state; or 
 21.18     (3) a proceeding for probate or administration of the 
 21.19  presumed or alleged father's estate has been commenced. 
 21.20     Sec. 6.  [257C.606] [NO LIMITATION; CHILD HAVING NO 
 21.21  PRESUMED, ACKNOWLEDGED, OR ADJUDICATED FATHER.] 
 21.22     A proceeding to adjudicate the parentage of a child having 
 21.23  no presumed, acknowledged, or adjudicated father may be 
 21.24  commenced at any time, even after: 
 21.25     (1) the child becomes an adult; or 
 21.26     (2) an earlier proceeding to adjudicate paternity has been 
 21.27  dismissed based on the application of a statute of limitation 
 21.28  then in effect. 
 21.29     Sec. 7.  [257C.607] [LIMITATION; CHILD HAVING PRESUMED 
 21.30  FATHER.] 
 21.31     (a) Except as otherwise provided in paragraph (b), a 
 21.32  proceeding brought by a presumed father, the mother, or another 
 21.33  individual to adjudicate the parentage of a child having a 
 21.34  presumed father must be commenced not later than two years after 
 21.35  the birth of the child. 
 21.36     (b) A proceeding seeking to disprove the father-child 
 22.1   relationship between a child and the child's presumed father may 
 22.2   be maintained at any time if the court determines that: 
 22.3      (1) the presumed father and the mother of the child neither 
 22.4   cohabited nor engaged in sexual intercourse with each other 
 22.5   during the probable time of conception; and 
 22.6      (2) the presumed father never openly treated the child as 
 22.7   his own. 
 22.8      Sec. 8.  [257C.608] [AUTHORITY TO DENY MOTION FOR GENETIC 
 22.9   TESTING.] 
 22.10     (a) In a proceeding to adjudicate parentage under 
 22.11  circumstances described in section 257C.607, the court may deny 
 22.12  a motion seeking an order for genetic testing of the mother, the 
 22.13  child, and the presumed father if the court determines that: 
 22.14     (1) the conduct of the mother or the presumed father estops 
 22.15  that party from denying parentage; and 
 22.16     (2) it would be inequitable to disprove the father-child 
 22.17  relationship between the child and the presumed father. 
 22.18     (b) In determining whether to deny a motion seeking an 
 22.19  order for genetic testing under this section, the court shall 
 22.20  consider the best interest of the child, including the following 
 22.21  factors: 
 22.22     (1) the length of time between the proceeding to adjudicate 
 22.23  parentage and the time that the presumed father was placed on 
 22.24  notice that he might not be the genetic father; 
 22.25     (2) the length of time during which the presumed father has 
 22.26  assumed the role of the father of the child; 
 22.27     (3) the facts surrounding the presumed father's discovery 
 22.28  of his possible nonpaternity; 
 22.29     (4) the nature of the relationship between the child and 
 22.30  the presumed father; 
 22.31     (5) the age of the child; 
 22.32     (6) the harm that may result to the child if presumed 
 22.33  paternity is successfully disproved; 
 22.34     (7) the nature of the relationship between the child and 
 22.35  any alleged father; 
 22.36     (8) the extent to which the passage of time reduces the 
 23.1   chances of establishing the paternity of another man and a child 
 23.2   support obligation in favor of the child; and 
 23.3      (9) other factors that may affect the equities arising from 
 23.4   the disruption of the father-child relationship between the 
 23.5   child and the presumed father or the chance of other harm to the 
 23.6   child. 
 23.7      (c) In a proceeding involving the application of this 
 23.8   section, a minor or incapacitated child must be represented by a 
 23.9   guardian ad litem. 
 23.10     (d) Denial of a motion seeking an order for genetic testing 
 23.11  must be based on clear and convincing evidence. 
 23.12     (e) If the court denies a motion seeking an order for 
 23.13  genetic testing, it shall issue an order adjudicating the 
 23.14  presumed father to be the father of the child. 
 23.15     Sec. 9.  [257C.609] [LIMITATIONS; CHILD HAVING ACKNOWLEDGED 
 23.16  OR ADJUDICATED FATHER.] 
 23.17     (a) If a child has an acknowledged father, a signatory to 
 23.18  the acknowledgment of paternity or denial of paternity may 
 23.19  commence a proceeding seeking to rescind the acknowledgment or 
 23.20  denial or challenge the paternity of the child only within the 
 23.21  time allowed under section 257C.307 or 257C.308. 
 23.22     (b) If a child has an acknowledged father or an adjudicated 
 23.23  father, an individual, other than the child, who is neither a 
 23.24  signatory to the acknowledgment of paternity nor a party to the 
 23.25  adjudication and who seeks an adjudication of paternity of the 
 23.26  child must commence a proceeding not later than two years after 
 23.27  the effective date of the acknowledgment or adjudication. 
 23.28     Sec. 10.  [257C.610] [JOINDER OF PROCEEDINGS.] 
 23.29     (a) Except as otherwise provided in paragraph (b), a 
 23.30  proceeding to adjudicate parentage may be joined with a 
 23.31  proceeding for adoption, termination of parental rights, child 
 23.32  custody or visitation, child support, divorce, annulment, legal 
 23.33  separation or separate maintenance, probate or administration of 
 23.34  an estate, or other appropriate proceeding. 
 23.35     (b) A respondent may not join a proceeding described in 
 23.36  paragraph (a) with a proceeding to adjudicate parentage brought 
 24.1   under chapter 518C. 
 24.2      Sec. 11.  [257C.611] [PROCEEDING BEFORE BIRTH.] 
 24.3      A proceeding to determine parentage may be commenced before 
 24.4   the birth of the child, but may not be concluded until after the 
 24.5   birth of the child.  The following actions may be taken before 
 24.6   the birth of the child: 
 24.7      (1) service of process; 
 24.8      (2) discovery; and 
 24.9      (3) except as prohibited by section 257C.502, collection of 
 24.10  specimens for genetic testing. 
 24.11     Sec. 12.  [257C.612] [CHILD AS PARTY; REPRESENTATION.] 
 24.12     (a) A minor child is a permissible party, but is not a 
 24.13  necessary party to a proceeding under this article. 
 24.14     (b) The court shall appoint a guardian ad litem to 
 24.15  represent a minor or incapacitated child if the child is a party 
 24.16  or the court finds that the interests of the child are not 
 24.17  adequately represented. 
 24.18                               PART 2
 24.19                    SPECIAL RULES FOR PROCEEDING
 24.20                      TO ADJUDICATE PARENTAGE
 24.21     Sec. 13.  [257C.621] [ADMISSIBILITY OF RESULTS OF GENETIC 
 24.22  TESTING; EXPENSES.] 
 24.23     (a) Except as otherwise provided in paragraph (c), a record 
 24.24  of a genetic testing expert is admissible as evidence of the 
 24.25  truth of the facts asserted in the report unless a party objects 
 24.26  to its admission within 14 days after its receipt by the 
 24.27  objecting party and cites specific grounds for exclusion.  The 
 24.28  admissibility of the report is not affected by whether the 
 24.29  testing was performed: 
 24.30     (1) voluntarily or pursuant to an order of the court or a 
 24.31  support enforcement agency; or 
 24.32     (2) before or after the commencement of the proceeding. 
 24.33     (b) A party objecting to the results of genetic testing may 
 24.34  call one or more genetic testing experts to testify in person or 
 24.35  by telephone, videoconference, deposition, or another method 
 24.36  approved by the court.  Unless otherwise ordered by the court, 
 25.1   the party offering the testimony bears the expense for the 
 25.2   expert testifying. 
 25.3      (c) If a child has a presumed, acknowledged, or adjudicated 
 25.4   father, the results of genetic testing are inadmissible to 
 25.5   adjudicate parentage unless performed: 
 25.6      (1) with the consent of both the mother and the presumed, 
 25.7   acknowledged, or adjudicated father; or 
 25.8      (2) pursuant to an order of the court under section 
 25.9   257C.502. 
 25.10     (d) Copies of bills for genetic testing and for prenatal 
 25.11  and postnatal health care for the mother and child which are 
 25.12  furnished to the adverse party not less than ten days before the 
 25.13  date of a hearing are admissible to establish: 
 25.14     (1) the amount of the charges billed; and 
 25.15     (2) that the charges were reasonable, necessary, and 
 25.16  customary. 
 25.17     Sec. 14.  [257C.622] [CONSEQUENCES OF DECLINING GENETIC 
 25.18  TESTING.] 
 25.19     (a) An order for genetic testing is enforceable by contempt.
 25.20     (b) If an individual whose paternity is being determined 
 25.21  declines to submit to genetic testing ordered by the court, the 
 25.22  court for that reason may adjudicate parentage contrary to the 
 25.23  position of that individual. 
 25.24     (c) Genetic testing of the mother of a child is not a 
 25.25  condition precedent to testing the child and a man whose 
 25.26  paternity is being determined.  If the mother is unavailable or 
 25.27  declines to submit to genetic testing, the court may order the 
 25.28  testing of the child and every man whose paternity is being 
 25.29  adjudicated. 
 25.30     Sec. 15.  [257C.623] [ADMISSION OF PATERNITY AUTHORIZED.] 
 25.31     (a) A respondent in a proceeding to adjudicate parentage 
 25.32  may admit to the paternity of a child by filing a pleading to 
 25.33  that effect or by admitting paternity under penalty of perjury 
 25.34  when making an appearance or during a hearing. 
 25.35     (b) If the court finds that the admission of paternity 
 25.36  satisfies the requirements of this section and finds that there 
 26.1   is no reason to question the admission, the court shall issue an 
 26.2   order adjudicating the child to be the child of the man 
 26.3   admitting paternity. 
 26.4      Sec. 16.  [257C.624] [TEMPORARY ORDER.] 
 26.5      (a) In a proceeding under this article, the court shall 
 26.6   issue a temporary order for support of a child if the order is 
 26.7   appropriate and the individual ordered to pay support is: 
 26.8      (1) a presumed father of the child; 
 26.9      (2) petitioning to have his paternity adjudicated; 
 26.10     (3) identified as the father through genetic testing under 
 26.11  section 257C.505; 
 26.12     (4) an alleged father who has declined to submit to genetic 
 26.13  testing; 
 26.14     (5) shown by clear and convincing evidence to be the father 
 26.15  of the child; or 
 26.16     (6) the mother of the child. 
 26.17     (b) A temporary order may include provisions for custody 
 26.18  and visitation as provided by other law of this state. 
 26.19                               PART 3
 26.20                     HEARINGS AND ADJUDICATION
 26.21     Sec. 17.  [257C.631] [RULES FOR ADJUDICATION OF PATERNITY.] 
 26.22     The court shall apply the following rules to adjudicate the 
 26.23  paternity of a child: 
 26.24     (a) The paternity of a child having a presumed, 
 26.25  acknowledged, or adjudicated father may be disproved only by 
 26.26  admissible results of genetic testing excluding that man as the 
 26.27  father of the child or identifying another man as the father of 
 26.28  the child. 
 26.29     (b) Unless the results of genetic testing are admitted to 
 26.30  rebut other results of genetic testing, a man identified as the 
 26.31  father of a child under section 257C.505 must be adjudicated the 
 26.32  father of the child. 
 26.33     (c) If the court finds that genetic testing under section 
 26.34  257C.505 neither identifies nor excludes a man as the father of 
 26.35  a child, the court may not dismiss the proceeding.  In that 
 26.36  event, the results of genetic testing, and other evidence, are 
 27.1   admissible to adjudicate the issue of paternity. 
 27.2      (d) Unless the results of genetic testing are admitted to 
 27.3   rebut other results of genetic testing, a man excluded as the 
 27.4   father of a child by genetic testing must be adjudicated not to 
 27.5   be the father of the child. 
 27.6      Sec. 18.  [257C.632] [JURY PROHIBITED.] 
 27.7      The court, without a jury, shall adjudicate paternity of a 
 27.8   child. 
 27.9      Sec. 19.  [257C.633] [HEARINGS; INSPECTION OF RECORDS.] 
 27.10     (a) On request of a party and for good cause shown, the 
 27.11  court may close a proceeding under this article. 
 27.12     (b) A final order in a proceeding under this article is 
 27.13  available for public inspection.  Other papers and records are 
 27.14  available only with the consent of the parties or on order of 
 27.15  the court for good cause. 
 27.16     Sec. 20.  [257C.634] [ORDER ON DEFAULT.] 
 27.17     The court shall issue an order adjudicating the paternity 
 27.18  of a man who: 
 27.19     (1) after service of process, is in default; and 
 27.20     (2) is found by the court to be the father of a child. 
 27.21     Sec. 21.  [257C.635] [DISMISSAL FOR WANT OF PROSECUTION.] 
 27.22     The court may issue an order dismissing a proceeding 
 27.23  commenced under this chapter for want of prosecution only 
 27.24  without prejudice.  An order of dismissal for want of 
 27.25  prosecution purportedly with prejudice is void and has only the 
 27.26  effect of a dismissal without prejudice. 
 27.27     Sec. 22.  [257C.636] [ORDER ADJUDICATING PARENTAGE.] 
 27.28     (a) The court shall issue an order adjudicating whether a 
 27.29  man alleged or claiming to be the father is the parent of the 
 27.30  child. 
 27.31     (b) An order adjudicating parentage must identify the child 
 27.32  by name and date of birth. 
 27.33     (c) Except as otherwise provided in paragraph (d), the 
 27.34  court may assess filing fees, reasonable attorney fees, fees for 
 27.35  genetic testing, other costs, and necessary travel and other 
 27.36  reasonable expenses incurred in a proceeding under this 
 28.1   article.  The court may award attorney fees, which may be paid 
 28.2   directly to the attorney, who may enforce the order in the 
 28.3   attorney's own name. 
 28.4      (d) The court may not assess fees, costs, or expenses 
 28.5   against the support enforcement agency of this state or another 
 28.6   state, except as provided by other law. 
 28.7      (e) On request of a party and for good cause shown, the 
 28.8   court may order that the name of the child be changed. 
 28.9      (f) If the order of the court is at variance with the 
 28.10  child's birth certificate, the court shall order the department 
 28.11  of health to issue an amended birth registration. 
 28.12     Sec. 23.  [257C.637] [BINDING EFFECT OF DETERMINATION OF 
 28.13  PARENTAGE.] 
 28.14     (a) Except as otherwise provided in paragraph (b), a 
 28.15  determination of parentage is binding on: 
 28.16     (1) all signatories to an acknowledgment or denial of 
 28.17  paternity as provided in article 3; and 
 28.18     (2) all parties to an adjudication by a court acting under 
 28.19  circumstances that satisfy the jurisdictional requirements of 
 28.20  section 518C.201. 
 28.21     (b) A child is not bound by a determination of parentage 
 28.22  under this chapter unless: 
 28.23     (1) the determination was based on an unrescinded 
 28.24  acknowledgment of paternity and the acknowledgment is consistent 
 28.25  with the results of genetic testing; 
 28.26     (2) the adjudication of parentage was based on a finding 
 28.27  consistent with the results of genetic testing and the 
 28.28  consistency is declared in the determination or is otherwise 
 28.29  shown; or 
 28.30     (3) the child was a party or was represented in the 
 28.31  proceeding determining parentage by a guardian ad litem. 
 28.32     (c) In a proceeding to dissolve a marriage, the court is 
 28.33  deemed to have made an adjudication of the parentage of a child 
 28.34  if the court acts under circumstances that satisfy the 
 28.35  jurisdictional requirements of section 518C.201 and the final 
 28.36  order: 
 29.1      (1) expressly identifies a child as a "child of the 
 29.2   marriage," "issue of the marriage," or similar words indicating 
 29.3   that the husband is the father of the child; or 
 29.4      (2) provides for support of the child by the husband unless 
 29.5   paternity is specifically disclaimed in the order. 
 29.6      (d) Except as otherwise provided in paragraph (b), a 
 29.7   determination of parentage may be a defense in a subsequent 
 29.8   proceeding seeking to adjudicate parentage by an individual who 
 29.9   was not a party to the earlier proceeding. 
 29.10     (e) A party to an adjudication of paternity may challenge 
 29.11  the adjudication only under law of this state relating to 
 29.12  appeal, vacation of judgments, or other judicial review. 
 29.13                             ARTICLE 7
 29.14                   CHILD OF ASSISTED REPRODUCTION
 29.15     Section 1.  [257C.701] [SCOPE OF ARTICLE.] 
 29.16     This article does not apply to the birth of a child 
 29.17  conceived by means of sexual intercourse, or as the result of a 
 29.18  gestational agreement as provided in article 8. 
 29.19     Sec. 2.  [257C.702] [PARENTAL STATUS OF DONOR.] 
 29.20     A donor is not a parent of a child conceived by means of 
 29.21  assisted reproduction. 
 29.22     Sec. 3.  [257C.703] [HUSBAND'S PATERNITY OF CHILD OF 
 29.23  ASSISTED REPRODUCTION.] 
 29.24     If a husband provides sperm for, or consents to, assisted 
 29.25  reproduction by his wife as provided in section 257C.704, he is 
 29.26  the father of a resulting child. 
 29.27     Sec. 4.  [257C.704] [CONSENT TO ASSISTED REPRODUCTION.] 
 29.28     (a) Consent by a married woman to assisted reproduction 
 29.29  must be in a record signed by the woman and her husband.  This 
 29.30  requirement does not apply to the donation of eggs by a married 
 29.31  woman for assisted reproduction by another woman. 
 29.32     (b) Failure of the husband to sign a consent required by 
 29.33  paragraph (a), before or after the birth of the child, does not 
 29.34  preclude a finding that the husband is the father of a child 
 29.35  born to his wife if the wife and husband openly treated the 
 29.36  child as their own. 
 30.1      Sec. 5.  [257C.705] [LIMITATION ON HUSBAND'S DISPUTE OF 
 30.2   PATERNITY.] 
 30.3      (a) Except as otherwise provided in paragraph (b), the 
 30.4   husband of a wife who gives birth to a child by means of 
 30.5   assisted reproduction may not challenge his paternity of the 
 30.6   child unless: 
 30.7      (1) within two years after learning of the birth of the 
 30.8   child he commences a proceeding to adjudicate his paternity; and 
 30.9      (2) the court finds that he did not consent to the assisted 
 30.10  reproduction, before or after the birth of the child. 
 30.11     (b) A proceeding to adjudicate paternity may be maintained 
 30.12  at any time if the court determines that: 
 30.13     (1) the husband did not provide sperm for, or before or 
 30.14  after the birth of the child consent to, assisted reproduction 
 30.15  by his wife; 
 30.16     (2) the husband and the mother of the child have not 
 30.17  cohabited since the probable time of assisted reproduction; and 
 30.18     (3) the husband never openly treated the child as his own. 
 30.19     (c) The limitation provided in this section applies to a 
 30.20  marriage declared invalid after assisted reproduction. 
 30.21     Sec. 6.  [257C.706] [EFFECT OF DISSOLUTION OF MARRIAGE.] 
 30.22     (a) If a marriage is dissolved before placement of eggs, 
 30.23  sperm, or embryos, the former spouse is not a parent of the 
 30.24  resulting child unless the former spouse consented in a record 
 30.25  that if assisted reproduction were to occur after a divorce, the 
 30.26  former spouse would be a parent of the child. 
 30.27     (b) The consent of a former spouse to assisted reproduction 
 30.28  may be withdrawn by that individual in a record at any time 
 30.29  before placement of eggs, sperm, or embryos. 
 30.30     Sec. 7.  [257C.707] [PARENTAL STATUS OF DECEASED SPOUSE.] 
 30.31     If a spouse dies before placement of eggs, sperm, or 
 30.32  embryos, the deceased spouse is not a parent of the resulting 
 30.33  child unless the deceased spouse consented in a record that if 
 30.34  assisted reproduction were to occur after death, the deceased 
 30.35  spouse would be a parent of the child. 
 30.36                             ARTICLE 8
 31.1                        GESTATIONAL AGREEMENT
 31.2      Section 1.  [257C.801] [GESTATIONAL AGREEMENT AUTHORIZED.] 
 31.3      (a) A prospective gestational mother, her husband if she is 
 31.4   married, a donor or the donors, and the intended parents may 
 31.5   enter into a written agreement providing that: 
 31.6      (1) the prospective gestational mother agrees to pregnancy 
 31.7   by means of assisted reproduction; 
 31.8      (2) the prospective gestational mother, her husband if she 
 31.9   is married, and the donors relinquish all rights and duties as 
 31.10  the parents of a child conceived through assisted reproduction; 
 31.11  and 
 31.12     (3) the intended parents become the parents of the child. 
 31.13     (b) The intended parents must be married, and both spouses 
 31.14  must be parties to the gestational agreement. 
 31.15     (c) A gestational agreement is enforceable only if 
 31.16  validated as provided in section 257C.803. 
 31.17     (d) A gestational agreement does not apply to the birth of 
 31.18  a child conceived by means of sexual intercourse. 
 31.19     (e) A gestational agreement may provide for payment of 
 31.20  consideration. 
 31.21     (f) A gestational agreement may not limit the right of the 
 31.22  gestational mother to make decisions to safeguard her health or 
 31.23  that of the embryo or fetus. 
 31.24     Sec. 2.  [257C.802] [REQUIREMENTS OF PETITION.] 
 31.25     (a) The intended parents and the prospective gestational 
 31.26  mother may commence a proceeding in the district court to 
 31.27  validate a gestational agreement. 
 31.28     (b) A proceeding to validate a gestational agreement may 
 31.29  not be maintained unless: 
 31.30     (1) the mother or the intended parents have been residents 
 31.31  of this state for at least 90 days; 
 31.32     (2) the prospective gestational mother's husband, if she is 
 31.33  married, is joined in the proceeding; and 
 31.34     (3) a copy of the gestational agreement is attached to the 
 31.35  petition. 
 31.36     Sec. 3.  [257C.803] [HEARING TO VALIDATE GESTATIONAL 
 32.1   AGREEMENT.] 
 32.2      (a) If the requirements of paragraph (b) are satisfied, a 
 32.3   court may issue an order validating the gestational agreement 
 32.4   and declaring that the intended parents will be the parents of a 
 32.5   child born during the term of the agreement. 
 32.6      (b) The court may issue an order under paragraph (a) only 
 32.7   on finding that: 
 32.8      (1) the residence requirements of section 257C.802 have 
 32.9   been satisfied and the parties have submitted to the 
 32.10  jurisdiction of the court under the jurisdictional standards of 
 32.11  this chapter; 
 32.12     (2) medical evidence shows that the intended mother is 
 32.13  unable to bear a child or is unable to do so without 
 32.14  unreasonable risk to her physical or mental health or to the 
 32.15  unborn child; 
 32.16     (3) unless waived by the court, the department of human 
 32.17  services has made a home study of the intended parents and the 
 32.18  intended parents meet the standards of fitness applicable to 
 32.19  adoptive parents; 
 32.20     (4) all parties have voluntarily entered into the agreement 
 32.21  and understand its terms; 
 32.22     (5) the prospective gestational mother has had at least one 
 32.23  pregnancy and delivery and her bearing another child will not 
 32.24  pose an unreasonable health risk to the unborn child or to the 
 32.25  physical or mental health of the prospective gestational mother; 
 32.26     (6) adequate provision has been made for all reasonable 
 32.27  health care expenses associated with the gestational agreement 
 32.28  until the birth of the child, including responsibility for those 
 32.29  expenses if the agreement is terminated; and 
 32.30     (7) the consideration, if any, paid to the prospective 
 32.31  gestational mother is reasonable. 
 32.32     (c) Whether to validate a gestational agreement is within 
 32.33  the discretion of the court, subject to review only for abuse of 
 32.34  discretion. 
 32.35     Sec. 4.  [257C.804] [INSPECTION OF RECORDS.] 
 32.36     The proceedings, records, and identities of the individual 
 33.1   parties to a gestational agreement under this article are 
 33.2   subject to inspection under the standards of confidentiality 
 33.3   applicable to adoptions as provided under other law of this 
 33.4   state. 
 33.5      Sec. 5.  [257C.805] [EXCLUSIVE, CONTINUING JURISDICTION.] 
 33.6      Subject to the jurisdictional standards of section 
 33.7   518D.201, the court conducting a proceeding under this article 
 33.8   has exclusive, continuing jurisdiction of all matters arising 
 33.9   out of the gestational agreement until a child born to the 
 33.10  gestational mother during the period governed by the agreement 
 33.11  attains the age of 180 days. 
 33.12     Sec. 6.  [257C.806] [TERMINATION OF GESTATIONAL AGREEMENT.] 
 33.13     (a) After issuance of an order under this article, but 
 33.14  before the prospective gestational mother becomes pregnant by 
 33.15  means of assisted reproduction, the prospective gestational 
 33.16  mother, her husband, or either of the intended parents may 
 33.17  terminate the gestational agreement by giving written notice of 
 33.18  termination to all other parties. 
 33.19     (b) The court for good cause shown may terminate the 
 33.20  gestational agreement. 
 33.21     (c) An individual who terminates a gestational agreement 
 33.22  shall file notice of the termination with the court.  On receipt 
 33.23  of the notice, the court shall vacate the order issued under 
 33.24  this article.  An individual who does not notify the court of 
 33.25  the termination of the agreement is subject to appropriate 
 33.26  sanctions. 
 33.27     (d) Neither a prospective gestational mother nor her 
 33.28  husband, if any, is liable to the intended parents for 
 33.29  terminating a gestational agreement pursuant to this section. 
 33.30     Sec. 7.  [257C.807] [PARENTAGE UNDER VALIDATED GESTATIONAL 
 33.31  AGREEMENT.] 
 33.32     (a) Upon the birth of a child to a gestational mother, the 
 33.33  intended parents shall file notice with the court that a child 
 33.34  has been born to the gestational mother within 300 days after 
 33.35  assisted reproduction.  Thereupon, the court shall issue an 
 33.36  order: 
 34.1      (1) confirming that the intended parents are the parents of 
 34.2   the child; 
 34.3      (2) if necessary, ordering that the child be surrendered to 
 34.4   the intended parents; and 
 34.5      (3) directing the department of health to issue a birth 
 34.6   certificate naming the intended parents as parents of the child. 
 34.7      (b) If the parentage of a child born to a gestational 
 34.8   mother is alleged not to be the result of assisted reproduction, 
 34.9   the court shall order genetic testing to determine the parentage 
 34.10  of the child. 
 34.11     Sec. 8.  [257C.808] [GESTATIONAL AGREEMENT; EFFECT OF 
 34.12  SUBSEQUENT MARRIAGE.] 
 34.13     After the issuance of an order under this article, 
 34.14  subsequent marriage of the gestational mother does not affect 
 34.15  the validity of a gestational agreement, her husband's consent 
 34.16  to the agreement is not required, and her husband is not a 
 34.17  presumed father of the resulting child. 
 34.18     Sec. 9.  [257C.809] [EFFECT OF NONVALIDATED GESTATIONAL 
 34.19  AGREEMENT.] 
 34.20     (a) A gestational agreement, whether in a record or not, 
 34.21  that is not judicially validated is not enforceable. 
 34.22     (b) If a birth results under a gestational agreement that 
 34.23  is not judicially validated as provided in this article, the 
 34.24  parent-child relationship is determined as provided in article 2.
 34.25     (c) Individuals who are parties to a nonvalidated 
 34.26  gestational agreement as intended parents may be held liable for 
 34.27  support of the resulting child, even if the agreement is 
 34.28  otherwise unenforceable.  The liability under this paragraph 
 34.29  includes assessing all expenses and fees as provided in section 
 34.30  257C.636. 
 34.31                             ARTICLE 9
 34.32                      MISCELLANEOUS PROVISIONS
 34.33     Section 1.  [257C.901] [UNIFORMITY OF APPLICATION AND 
 34.34  CONSTRUCTION.] 
 34.35     In applying and construing this chapter, consideration must 
 34.36  be given to the need to promote uniformity of the law with 
 35.1   respect to its subject matter among states that enact it. 
 35.2      Sec. 2.  [257C.905] [TRANSITIONAL PROVISION.] 
 35.3      A proceeding to adjudicate parentage which was commenced 
 35.4   before the effective date of this chapter is governed by the law 
 35.5   in effect at the time the proceeding was commenced, unless the 
 35.6   parties agree to be governed by this chapter. 
 35.7      Sec. 3.  [REPEALER.] 
 35.8      Minnesota Statutes 2000, sections 257.51; 257.52; 257.53; 
 35.9   257.54; 257.541; 257.55; 257.56; 257.57; 257.58; 257.59; 257.60; 
 35.10  257.61; 257.62; 257.63; 257.64; 257.65; 257.651; 257.66; 257.67; 
 35.11  257.68; 257.69; 257.70; 257.71; 257.72; 257.73; 257.74; and 
 35.12  257.75, are repealed.