SF 882

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to paternity; modifying limitations period for certain actions to declare
the nonexistence of the father and child relationship; amending Minnesota
Statutes 2008, section 257.57, subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 257.57, subdivision 1, is amended to read:

Subdivision 1.

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

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

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

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

Sec. 2.

Minnesota Statutes 2008, section 257.57, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Certain actions involving marital presumption. new text end

new text begin Notwithstanding
subdivision 1, paragraph (b), an action brought for the purpose of declaring the
nonexistence of the father and child relationship presumed under section 257.55,
subdivision 1, paragraph (a), (b), or (c), may be brought at any time if the court determines
that:
new text end

new text begin (1) the presumed father and the mother of the child did not cohabitate or engage in
sexual intercourse with each other during the probable time of conception; and
new text end

new text begin (2) the presumed father never openly held out the child as his biological child.
new text end