SF 751

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to paternity; changing certain presumptions; amending Minnesota
Statutes 2004, sections 257.55, subdivision 1; 257.57, subdivision 2; 257.62,
subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 257.55, subdivision 1, is amended to read:

Subdivision 1.

Presumption.

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

(a) He and the child's biological mother are or have been married to each other and
the child is born during the marriage, or within 280 days after the marriage is terminated
by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of
legal separation is entered by a court. The presumption in this paragraph does not apply if
the man has joined in a recognition of parentage recognizing another man as the biological
father under section 257.75, subdivision 1a;

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

(1) if the attempted marriage could be declared invalid only by a court, the child
is born during the attempted marriage, or within 280 days after its termination by death,
annulment, declaration of invalidity, dissolution or divorce; or

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

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

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

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

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

(d) deleted text begin While the child is under the age of majority, he receives the child into his home
deleted text end new text begin During the first two years of the child's life, he resided in the same household with the
child for at least 12 months new text end and openly deleted text begin holds deleted text end new text begin held new text end out the child as his deleted text begin biological child deleted text end new text begin own new text end ;

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

(f) deleted text begin Evidence of statistical probability of paternity based on blood or genetic testing
establishes the likelihood that he is the father of the child, calculated with a prior
probability of no more than 0.5 (50 percent), is 99 percent or greater;
deleted text end

deleted text begin (g) deleted text end He and the child's biological mother have executed a recognition of parentage
in accordance with section 257.75 and another man is presumed to be the father under
this subdivision;

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

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

Sec. 2.

Minnesota Statutes 2004, section 257.57, subdivision 2, is amended to read:

Subd. 2.

Actions under other paragraphs of section 257.55, subdivision 1.

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

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

(2) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is
brought within six months after the person bringing the action obtains the results of blood
or genetic tests that indicate that the presumed father is not the father of the child;

(3) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section deleted text begin 257.55, subdivision 1, paragraph (f) deleted text end new text begin 257.62, subdivision 5,
paragraph (b) new text end , only if the action is brought within three years after the party bringing
the action, or the party's attorney of record, has been provided the blood or genetic test
results; or

(4) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.75, subdivision 9, only if the action is brought by the minor
signatory within six months after the minor signatory reaches the age of 18. In the case of
a recognition of parentage executed by two minor signatories, the action to declare the
nonexistence of the father and child relationship must be brought within six months after
the youngest signatory reaches the age of 18.

Sec. 3.

Minnesota Statutes 2004, section 257.62, subdivision 5, is amended to read:

Subd. 5.

Positive test results.

(a) If the results of blood or genetic tests completed
in a laboratory accredited by the American Association of Blood Banks indicate that
the likelihood of the alleged father's paternity, calculated with a prior probability of no
more than 0.5 (50 percent), is 92 percent or greater, upon motion the court shall order the
alleged father to pay temporary child support determined according to chapter 518. The
alleged father shall pay the support money to the public authority if the public authority is
a party and is providing services to the parties or, if not, into court pursuant to the Rules of
Civil Procedure to await the results of the paternity proceedings.

(b) If the results of blood or genetic tests completed in a laboratory accredited by
the American Association of Blood Banks indicate that likelihood of the alleged father's
paternity, calculated with a prior probability of no more than 0.5 (50 percent), is 99 percent
or greater, new text begin there is an evidentiary presumption that new text end the alleged father is deleted text begin presumed to be
deleted text end the parent and the party opposing the establishment of the alleged father's paternity has
the burden of proving by clear and convincing evidence that the alleged father is not the
father of the child.