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Minnesota Legislature

Office of the Revisor of Statutes

SF 2627

as introduced - 88th Legislature (2013 - 2014) Posted on 03/21/2014 04:03pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to assisted reproduction; modifying certain provisions related to
determinations of paternity and maternity; amending Minnesota Statutes 2012,
sections 257.54; 257.541, subdivision 1; 257.55, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 257.54, is amended to read:


257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED.

new text begin Subdivision 1. new text end

new text begin General. new text end

The parent and child relationship between a child and:

(a) the biological mother may be established by proof of her having given birth to
the child, or under sections 257.51 to 257.74 or 257.75;

(b) the biological father may be established under sections 257.51 to 257.74 or
257.75; or

(c) an adoptive parent may be established by proof of adoption.

new text begin Subd. 2. new text end

new text begin Application of paternity provisions to maternity determination.
new text end

new text begin Provisions of sections 257.51 to 257.74 or 257.75 relating to determination of paternity,
including all presumptions and procedures, apply to determinations of maternity.
new text end

Sec. 2.

Minnesota Statutes 2012, section 257.541, subdivision 1, is amended to read:


Subdivision 1.

Mother's right to custody.

new text begin(a) new text endThe deleted text beginbiologicaldeleted text endnew text begin birthnew text end mother of a child
born to a mother who was not married to the child's father when the child was born and
was not married to the child's father when the child was conceived has sole custody of the
child until paternity has been established under sections 257.51 to 257.74, or until custody
is determined in a separate proceeding under section 518.156.

new text begin (b) This subdivision does not apply in a contested paternity or maternity proceeding
if the pregnancy was initiated by means other than sexual intercourse pursuant to an
express written agreement among all known presumptive parents, entered into prior to the
initiation of the pregnancy, under which another person is identified as the intended parent.
new text end

Sec. 3.

Minnesota Statutes 2012, 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) while the child is under the age of majority, he receives the child into his home
and openly holds out the child as his biological child;

(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) 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;

(g) 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;deleted text begin or
deleted text end

(h) 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 agedeleted text begin.deleted text endnew text begin; or
new text end

new text begin (i) the pregnancy was initiated by means other than sexual intercourse and he was
intended at the outset of the process to be the legal parent of any resulting child pursuant
to an express written agreement among all known presumptive parents entered into prior
to the initiation of the pregnancy.
new text end

Sec. 4. new text beginEFFECTIVE DATE; APPLICATION.
new text end

new text begin Sections 1 to 3 are effective August 1, 2014, and apply to actions filed on or after
that date.
new text end