SF 3504

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/26/2024 09:29am

A bill for an act
relating to children; enacting the Uniform Parentage Act; proposing coding for
new law as Minnesota Statutes, chapter 257E; repealing Minnesota Statutes 2022,
sections 257.51; 257.52; 257.53; 257.54; 257.541; 257.55; 257.56; 257.57; 257.58;
257.59; 257.60; 257.61; 257.62, subdivisions 1, 2, 3, 5, 6; 257.63; 257.64; 257.65;
257.651; 257.66; 257.67; 257.68; 257.69; 257.70; 257.71; 257.72; 257.73; 257.74.

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

GENERAL PROVISIONS

Section 1.

new text begin [257E.01] CITATION.
new text end

new text begin This chapter may be cited as the Parentage Act.
new text end

Sec. 2.

new text begin [257E.011] DEFINITIONS.
new text end

new text begin As used in this chapter,
new text end

new text begin (1) "Acknowledged parent" means an individual who has established a parent-child
relationship under sections 257E.04 to 257E.034.
new text end

new text begin (2) "Adjudicated parent" means an individual who has been adjudicated to be a parent
of a child by a court with jurisdiction.
new text end

new text begin (3) "Alleged genetic parent" means an individual who is alleged to be, or alleges that
the individual is, a genetic parent or possible genetic parent of a child whose parentage has
not been adjudicated. The term includes an alleged genetic father and alleged genetic mother.
The term does not include:
new text end

new text begin (A) a presumed parent;
new text end

new text begin (B) an individual whose parental rights have been terminated or declared not to exist;
or
new text end

new text begin (C) a donor.
new text end

new text begin (4) "Assisted reproduction" means a method of causing pregnancy other than sexual
intercourse. The term includes:
new text end

new text begin (A) intrauterine or intracervical insemination;
new text end

new text begin (B) donation of gametes;
new text end

new text begin (C) donation of embryos;
new text end

new text begin (D) in-vitro fertilization and transfer of embryos; and
new text end

new text begin (E) intracytoplasmic sperm injection.
new text end

new text begin (5) "Birth" includes stillbirth.
new text end

new text begin (6) "Child" means an individual of any age whose parentage may be determined under
this chapter.
new text end

new text begin (7) "Child-support agency" means a government entity, public official, or private agency,
authorized to provide parentage-establishment services under Title IV-D of the Social
Security Act, United States Code, title 42, sections 651 to 669.
new text end

new text begin (8) "Determination of parentage" means establishment of a parent-child relationship by
a judicial or administrative proceeding or signing of a valid acknowledgment of parentage
under sections 257E.021 to 257E.034.
new text end

new text begin (9) "Donor" means an individual who provides gametes intended for use in assisted
reproduction, whether or not for consideration. The term does not include:
new text end

new text begin (A) a woman who gives birth to a child conceived by assisted reproduction[, except as
otherwise provided in sections 257E.093 to 257E.110]; or
new text end

new text begin (B) a parent under sections 257E.085 to 257E.092 or an intended parent under sections
257E.093 to 257E.110.
new text end

new text begin (10) "Gamete" means sperm, egg, or any part of a sperm or egg.
new text end

new text begin (11) "Genetic testing" means an analysis of genetic markers to identify or exclude a
genetic relationship.
new text end

new text begin (12) "Individual" means a natural person of any age.
new text end

new text begin (13) "Intended parent" means an individual, married or unmarried, who manifests an
intent to be legally bound as a parent of a child conceived by assisted reproduction.
new text end

new text begin (14) "Man" means a male individual of any age.
new text end

new text begin (15) "Parent" means an individual who has established a parent-child relationship under
section 257E.017.
new text end

new text begin (16) "Parentage" or "parent-child relationship" means the legal relationship between a
child and a parent of the child.
new text end

new text begin (17) "Presumed parent" means an individual who under section 257E.02 is presumed to
be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid
denial of parentage is made under sections 257E.021 to 257E.034, or a court adjudicates
the individual to be a parent.
new text end

new text begin (18) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
new text end

new text begin (19) "Sign" means, with present intent to authenticate or adopt a record:
new text end

new text begin (A) to execute or adopt a tangible symbol; or
new text end

new text begin (B) to attach to or logically associate with the record an electronic symbol, sound, or
process.
new text end

new text begin (20) "Signatory" means an individual who signs a record.
new text end

new text begin (21) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession under the jurisdiction
of the United States. The term includes a federally recognized Indian tribe.
new text end

new text begin (22) "Transfer" means a procedure for assisted reproduction by which an embryo or
sperm is placed in the body of the woman who will give birth to the child.
new text end

new text begin (23) "Witnessed" means that at least one individual who is authorized to sign has signed
a record to verify that the individual personally observed a signatory sign the record.
new text end

new text begin (24) "Woman" means a female individual of any age.
new text end

Sec. 3.

new text begin [257E.012] SCOPE.
new text end

new text begin (a) This chapter applies to an adjudication or determination of parentage.
new text end

new text begin (b) This chapter does not create, affect, enlarge, or diminish parental rights or duties
under law of this state other than this chapter.
new text end

Sec. 4.

new text begin [257E.013] AUTHORIZED COURT.
new text end

new text begin The district court may adjudicate parentage under this chapter.
new text end

Sec. 5.

new text begin [257E.014] APPLICABLE LAW.
new text end

new text begin The court shall apply the law of this state to adjudicate parentage. The applicable law
does not depend on:
new text end

new text begin (1) the place of birth of the child; or
new text end

new text begin (2) the past or present residence of the child.
new text end

Sec. 6.

new text begin [257E.015] DATA PRIVACY.
new text end

new text begin A proceeding under this chapter is subject to law of this state other than this chapter
which governs the health, safety, privacy, and liberty of a child or other individual who
could be affected by disclosure of information that could identify the child or other individual,
including address, telephone number, digital contact information, place of employment,
Social Security number, and the child's day-care facility or school.
new text end

Sec. 7.

new text begin [257E.016] ESTABLISHMENT OF MATERNITY AND PATERNITY.
new text end

new text begin To the extent practicable, a provision of this chapter applicable to a father-child
relationship applies to a mother-child relationship and a provision of this chapter applicable
to a mother-child relationship applies to a father-child relationship.
new text end

PARENT-CHILD RELATIONSHIP

Sec. 8.

new text begin [257E.017] ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.
new text end

new text begin A parent-child relationship is established between an individual and a child if:
new text end

new text begin (1) the individual gives birth to the child, except as otherwise provided in sections
257E.093 to 257E.110;
new text end

new text begin (2) there is a presumption under section 257E.02 of the individual's parentage of the
child, unless the presumption is overcome in a judicial proceeding or a valid denial of
parentage is made under sections 257E.021 to 257E.034;
new text end

new text begin (3) the individual is adjudicated a parent of the child under sections 257E.062 to
257E.084;
new text end

new text begin (4) the individual adopts the child;
new text end

new text begin (5) the individual acknowledges parentage of the child under sections 257E.021 to
257E.034, unless the acknowledgment is rescinded under section 257E.028 or successfully
challenged under sections 257E.021 to 257E.034 or 257E.062 to 257E.084; or
new text end

new text begin (6) the individual's parentage of the child is established under sections 257E.085 to
257E.092; or
new text end

new text begin (7) the individual's parentage of the child is established under sections 257E.093 to
257E.110.
new text end

Sec. 9.

new text begin [257E.018] NO DISCRIMINATION BASED ON MARITAL STATUS OF
PARENT.
new text end

new text begin A parent-child relationship extends equally to every child and parent, regardless of the
marital status of the parent.
new text end

Sec. 10.

new text begin [257E.019] CONSEQUENCES OF ESTABLISHING PARENTAGE.
new text end

new text begin Unless parental rights are terminated, a parent-child relationship established under this
chapter applies for all purposes, except as otherwise provided by law of this state other than
this chapter.
new text end

Sec. 11.

new text begin [257E.02] PRESUMPTION OF PARENTAGE.
new text end

new text begin (a) An individual is presumed to be a parent of a child if:
new text end

new text begin (1) except as otherwise provided under sections 257E.093 to 257E.110 or law of this
state other than this chapter:
new text end

new text begin (A) the individual and the woman who gave birth to the child are married to each other
and the child is born during the marriage, whether the marriage is or could be declared
invalid;
new text end

new text begin (B) the individual and the woman who gave birth to the child were married to each other
and the child is born not later than 300 days after the marriage is terminated by death,
divorce, dissolution, annulment, or declaration of invalidity, or after a decree of separation
or separate maintenance, whether the marriage is or could be declared invalid; or
new text end

new text begin (C) the individual and the woman who gave birth to the child married each other after
the birth of the child, whether the marriage is or could be declared invalid, the individual
at any time asserted parentage of the child, and:
new text end

new text begin (i) the assertion is in a record filed with the Office of Vital Records of the Department
of Health; or
new text end

new text begin (ii) the individual agreed to be and is named as a parent of the child on the birth certificate
of the child; or
new text end

new text begin (2) the individual resided in the same household with the child for the first two years of
the life of the child, including any period of temporary absence, and openly held out the
child as the individual's child.
new text end

new text begin (b) A presumption of parentage under this section may be overcome, and competing
claims to parentage may be resolved, only by an adjudication under sections 257E.062 to
257E.084 or a valid denial of parentage under sections 257E.021 to 257E.034.
new text end

VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE

Sec. 12.

new text begin [257E.021] ACKNOWLEDGMENT OF PARENTAGE.
new text end

new text begin A woman who gave birth to a child and an alleged genetic father of the child, intended
parent under sections 257E.085 to 257E.092, or presumed parent may sign an
acknowledgment of parentage to establish the parentage of the child.
new text end

Sec. 13.

new text begin [257E.022] EXECUTION OF ACKNOWLEDGMENT OF PARENTAGE.
new text end

new text begin (a) An acknowledgment of parentage under section 257E.021 must:
new text end

new text begin (1) be in a record signed by the woman who gave birth to the child and by the individual
seeking to establish a parent-child relationship, and the signatures must be attested by a
notarial officer or witnessed;
new text end

new text begin (2) state that the child whose parentage is being acknowledged:
new text end

new text begin (A) does not have a presumed parent other than the individual seeking to establish the
parent-child relationship or has a presumed parent whose full name is stated; and
new text end

new text begin (B) does not have another acknowledged parent, adjudicated parent, or individual who
is a parent of the child under sections 257E.085 to 257E.110 other than the woman who
gave birth to the child; and
new text end

new text begin (3) state that the signatories understand that the acknowledgment is the equivalent of an
adjudication of parentage of the child and that a challenge to the acknowledgment is permitted
only under limited circumstances and is barred two years after the effective date of the
acknowledgment.
new text end

new text begin (b) An acknowledgment of parentage is void if, at the time of signing:
new text end

new text begin (1) an individual other than the individual seeking to establish parentage is a presumed
parent, unless a denial of parentage by the presumed parent in a signed record is filed with
the Office of Vital Records of the Department of Health; or
new text end

new text begin (2) an individual, other than the woman who gave birth to the child or the individual
seeking to establish parentage, is an acknowledged or adjudicated parent or a parent under
sections 257E.085 to 257E.110.
new text end

Sec. 14.

new text begin [257E.023] DENIAL OF PARENTAGE.
new text end

new text begin A presumed parent or alleged genetic parent may sign a denial of parentage in a record.
The denial of parentage is valid only if:
new text end

new text begin (1) an acknowledgment of parentage by another individual is filed under section
257E.025;
new text end

new text begin (2) the signature of the presumed parent or alleged genetic parent is attested by a notarial
officer or witnessed; and
new text end

new text begin (3) the presumed parent or alleged genetic parent has not previously:
new text end

new text begin (A) completed a valid acknowledgment of parentage, unless the previous acknowledgment
was rescinded under section 257E.028 or challenged successfully under section 257E.029;
or
new text end

new text begin (B) been adjudicated to be a parent of the child.
new text end

Sec. 15.

new text begin [257E.024] RULES FOR ACKNOWLEDGMENT OR DENIAL OF
PARENTAGE.
new text end

new text begin (a) An acknowledgment of parentage and a denial of parentage may be contained in a
single document or may be in counterparts and may be filed with the Office of Vital Records
of the Department of Health separately or simultaneously. If filing of the acknowledgment
and denial both are required under this chapter, neither is effective until both are filed.
new text end

new text begin (b) An acknowledgment of parentage or denial of parentage may be signed before or
after the birth of the child.
new text end

new text begin (c) Subject to paragraph (a), an acknowledgment of parentage or denial of parentage
takes effect on the birth of the child or filing of the document with the Office of Vital Records
of the Department of Health, whichever occurs later.
new text end

new text begin (d) An acknowledgment of parentage or denial of parentage signed by a minor is valid
if the acknowledgment complies with this chapter.
new text end

Sec. 16.

new text begin [257E.025] EFFECT OF ACKNOWLEDGMENT OR DENIAL OF
PARENTAGE.
new text end

new text begin (a) Except as otherwise provided in sections 257E.028 and 257E.029, an acknowledgment
of parentage that complies with sections 257E.021 to 257E.034 and is filed with the Office
of Vital Records of the Department of Health is equivalent to an adjudication of parentage
of the child and confers on the acknowledged parent all rights and duties of a parent.
new text end

new text begin (b) Except as otherwise provided in sections 257E.028 and 257E.029, a denial of
parentage by a presumed parent or alleged genetic parent which complies with sections
257E.021 to 257E.034 and is filed with the Office of Vital Records of the Department of
Health with an acknowledgment of parentage that complies with sections 257E.021 to
257E.034 is equivalent to an adjudication of the nonparentage of the presumed parent or
alleged genetic parent and discharges the presumed parent or alleged genetic parent from
all rights and duties of a parent.
new text end

Sec. 17.

new text begin [257E.026] NO FILING FEE.
new text end

new text begin The Office of Vital Records of the Department of Health may not charge a fee for filing
an acknowledgment of parentage or denial of parentage.
new text end

Sec. 18.

new text begin [257E.027] RATIFICATION BARRED.
new text end

new text begin A court conducting a judicial proceeding or an administrative agency conducting an
administrative proceeding is not required or permitted to ratify an unchallenged
acknowledgment of parentage.
new text end

Sec. 19.

new text begin [257E.028] PROCEDURE FOR RESCISSION.
new text end

new text begin (a) A signatory may rescind an acknowledgment of parentage or denial of parentage by
filing with the relevant state agency a rescission in a signed record which is attested by a
notarial officer or witnessed, before the earlier of:
new text end

new text begin (1) 60 days after the effective date under section 257E.024 of the acknowledgment or
denial; or
new text end

new text begin (2) the date of the first hearing before a court in a proceeding, to which the signatory is
a party, to adjudicate an issue relating to the child, including a proceeding that establishes
support.
new text end

new text begin (b) If an acknowledgment of parentage is rescinded under paragraph (a), an associated
denial of parentage is invalid, and the Office of Vital Records of the Department of Health
shall notify the woman who gave birth to the child and the individual who signed a denial
of parentage of the child that the acknowledgment has been rescinded. Failure to give the
notice required by this paragraph does not affect the validity of the rescission.
new text end

Sec. 20.

new text begin [257E.029] CHALLENGE AFTER EXPIRATION OF PERIOD FOR
RESCISSION.
new text end

new text begin (a) After the period for rescission under section 257E.028 expires, but not later than two
years after the effective date under section 257E.024 of an acknowledgment of parentage
or denial of parentage, a signatory of the acknowledgment or denial may commence a
proceeding to challenge the acknowledgment or denial, including a challenge brought under
section 257E.075, only on the basis of fraud, duress, or material mistake of fact.
new text end

new text begin (b) A challenge to an acknowledgment of parentage or denial of parentage by an
individual who was not a signatory to the acknowledgment or denial is governed by section
257E.071.
new text end

Sec. 21.

new text begin [257E.03] PROCEDURE FOR CHALLENGE BY SIGNATORY.
new text end

new text begin (a) Every signatory to an acknowledgment of parentage and any related denial of
parentage must be made a party to a proceeding to challenge the acknowledgment or denial.
new text end

new text begin (b) By signing an acknowledgment of parentage or denial of parentage, a signatory
submits to personal jurisdiction in this state in a proceeding to challenge the acknowledgment
or denial, effective on the filing of the acknowledgment or denial with the Office of Vital
Records of the Department of Health.
new text end

new text begin (c) The court may not suspend the legal responsibilities arising from an acknowledgment
of parentage, including the duty to pay child support, during the pendency of a proceeding
to challenge the acknowledgment or a related denial of parentage, unless the party challenging
the acknowledgment or denial shows good cause.
new text end

new text begin (d) A party challenging an acknowledgment of parentage or denial of parentage has the
burden of proof.
new text end

new text begin (e) If the court determines that a party has satisfied the burden of proof under paragraph
(d), the court shall order the Office of Vital Records of the Department of Health to amend
the birth record of the child to reflect the legal parentage of the child.
new text end

new text begin (f) A proceeding to challenge an acknowledgment of parentage or denial of parentage
must be conducted under sections 257E.062 to 257E.084.
new text end

Sec. 22.

new text begin [257E.031] FULL FAITH AND CREDIT.
new text end

new text begin The court shall give full faith and credit to an acknowledgment of parentage or denial
of parentage effective in another state if the acknowledgment or denial was in a signed
record and otherwise complies with law of the other state.
new text end

Sec. 23.

new text begin [257E.032] FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
PARENTAGE.
new text end

new text begin (a) The Office of Vital Records of the Department of Health shall prescribe forms for
an acknowledgment of parentage and denial of parentage.
new text end

new text begin (b) A valid acknowledgment of parentage or denial of parentage is not affected by a
later modification of the form under paragraph (a).
new text end

Sec. 24.

new text begin [257E.033] RELEASE OF INFORMATION.
new text end

new text begin The Office of Vital Records of the Department of Health may release information relating
to an acknowledgment of parentage or denial of parentage to a signatory of the
acknowledgment or denial, a court, federal agency, and child-support agency of this or
another state.
new text end

Sec. 25.

new text begin [257E.034] ADOPTION OF RULES.
new text end

new text begin The Department of Health may adopt rules under chapter 14 to implement sections
257E.021 to 257E.033.
new text end

REGISTRY OF PATERNITY;
GENERAL PROVISIONS

Sec. 26.

new text begin [257E.035] ESTABLISHMENT OF REGISTRY.
new text end

new text begin A registry of paternity is established in the Department of Health.
new text end

Sec. 27.

new text begin [257E.036] REGISTRATION FOR NOTIFICATION.
new text end

new text begin (a) Except as otherwise provided in paragraph (b) or section 257E.039, a man who
desires to be notified of a proceeding for adoption of, or termination of parental rights
regarding, his genetic child must register in the registry of paternity established by section
257E.035 before the birth of the child or not later than 30 days after the birth.
new text end

new text begin (b) A man is not required to register under paragraph (a) if:
new text end

new text begin (1) a parent-child relationship between the man and the child has been established under
this chapter or law of this state other than this chapter; or
new text end

new text begin (2) the man commences a proceeding to adjudicate his parentage before a court has
terminated his parental rights.
new text end

new text begin (c) A man who registers under paragraph (a) shall notify the registry promptly in a record
of any change in the information registered. The Department of Health shall incorporate
new information received into its records but need not seek to obtain current information
for incorporation in the registry.
new text end

Sec. 28.

new text begin [257E.037] NOTICE OF PROCEEDING.
new text end

new text begin An individual who seeks to adopt a child or terminate parental rights to the child shall
give notice of the proceeding to a man who has registered timely under section 257E.036,
paragraph (a), regarding the child. Notice must be given in a manner prescribed for service
of process in a civil proceeding in this state.
new text end

Sec. 29.

new text begin [257E.038] TERMINATION OF PARENTAL RIGHTS: CHILD UNDER
ONE YEAR OF AGE.
new text end

new text begin An individual who seeks to terminate parental rights to or adopt a child is not required
to give notice of the proceeding to a man who may be the genetic father of the child if:
new text end

new text begin (1) the child is under one year of age at the time of the termination of parental rights;
new text end

new text begin (2) the man did not register timely under section 257E.036, paragraph (a); and
new text end

new text begin (3) the man is not exempt from registration under section 257E.036, paragraph (b).
new text end

Sec. 30.

new text begin [257E.039] TERMINATION OF PARENTAL RIGHTS: CHILD AT LEAST
ONE YEAR OF AGE.
new text end

new text begin If a child is at least one year of age, an individual seeking to adopt or terminate parental
rights to the child shall give notice of the proceeding to each alleged genetic father of the
child, whether or not he has registered under section 257E.036, paragraph (a), unless his
parental rights have already been terminated. Notice must be given in a manner prescribed
for service of process in a civil proceeding in this state.
new text end

REGISTRY OF PATERNITY;
OPERATION OF REGISTRY

Sec. 31.

new text begin [257E.04] REQUIRED FORM.
new text end

new text begin (a) The Department of Health shall prescribe a form for registering under section
257E.036, paragraph (a). The form must state that:
new text end

new text begin (1) the man who registers signs the form under penalty of perjury;
new text end

new text begin (2) timely registration entitles the man who registers to notice of a proceeding for adoption
of the child or termination of the parental rights of the man;
new text end

new text begin (3) timely registration does not commence a proceeding to establish parentage;
new text end

new text begin (4) the information disclosed on the form may be used against the man who registers to
establish parentage;
new text end

new text begin (5) services to assist in establishing parentage are available to the man who registers
through the appropriate child-support agency;
new text end

new text begin (6) the man who registers also may register in a registry of paternity in another state if
conception or birth of the child occurred in the other state;
new text end

new text begin (7) information on registries of paternity of other states is available from the Department
of Health; and
new text end

new text begin (8) procedures exist to rescind the registration.
new text end

new text begin (b) A man who registers under section 257E.036, paragraph (a), shall sign the form
described in paragraph (a) under penalty of perjury.
new text end

Sec. 32.

new text begin [257E.041] FURNISHING INFORMATION; CONFIDENTIALITY.
new text end

new text begin (a) The Department of Health is not required to seek to locate the woman who gave birth
to the child who is the subject of a registration under section 257E.036, paragraph (a), but
the Department of Health shall give notice of the registration to the woman if the Department
of Health has her address.
new text end

new text begin (b) Information contained in the registry of paternity established by section 257E.035
is confidential and may be released on request only to:
new text end

new text begin (1) a court or individual designated by the court;
new text end

new text begin (2) the woman who gave birth to the child who is the subject of the registration;
new text end

new text begin (3) an agency authorized by law of this state other than this chapter, law of another state,
or federal law to receive the information;
new text end

new text begin (4) a licensed child-placing agency;
new text end

new text begin (5) a child-support agency;
new text end

new text begin (6) a party or the party's attorney of record in a proceeding under this chapter or in a
proceeding to adopt or terminate parental rights to the child who is the subject of the
registration; and
new text end

new text begin (7) a registry of paternity in another state.
new text end

Sec. 33.

new text begin [257E.042] PENALTY FOR RELEASING INFORMATION.
new text end

new text begin An individual who intentionally releases information from the registry of paternity
established by section 257E.035 to an individual or agency not authorized under section
257E.041, paragraph (b), to receive the information commits a [appropriate level
misdemeanor].
new text end

Sec. 34.

new text begin [257E.043] RESCISSION OF REGISTRATION.
new text end

new text begin A man who registers under section 257E.036, paragraph (a), may rescind his registration
at any time by filing with the registry of paternity established by section 257E.035 a rescission
in a signed record that is attested by a notarial officer or witnessed.
new text end

Sec. 35.

new text begin [257E.044] UNTIMELY REGISTRATION.
new text end

new text begin If a man registers under section 257E.036, paragraph (a), more than 30 days after the
birth of the child, the Department of Health shall notify the man who registers that, based
on a review of the registration, the registration was not filed timely.
new text end

Sec. 36.

new text begin [257E.045] FEES FOR REGISTRY.
new text end

new text begin (a) The Department of Health may not charge a fee for filing a registration under section
257E.036, paragraph (a), or rescission of registration under section 257E.043.
new text end

new text begin (b) Except as otherwise provided in paragraph (c), the Department of Health may charge
a reasonable fee to search the registry of paternity established by section 257E.035 and for
furnishing a certificate of search under section 257E.048.
new text end

new text begin (c) A child-support agency is not required to pay a fee authorized by paragraph (b).
new text end

REGISTRY OF PATERNITY;
SEARCH OF REGISTRY

Sec. 37.

new text begin [257E.046] CHILD BORN THROUGH ASSISTED REPRODUCTION:
SEARCH OF REGISTRY INAPPLICABLE.
new text end

new text begin Sections 257E.047 to 257E.049 do not apply to a child born through assisted reproduction.
new text end

Sec. 38.

new text begin [257E.047] SEARCH OF APPROPRIATE REGISTRY.
new text end

new text begin If a parent-child relationship has not been established under this chapter between a child
who is under one year of age and an individual other than the woman who gave birth to the
child:
new text end

new text begin (1) an individual seeking to adopt or terminate parental rights to the child shall obtain
a certificate of search under section 257E.048 to determine if a registration has been filed
in the registry of paternity established by section 257E.035 regarding the child; and
new text end

new text begin (2) if the individual has reason to believe that conception or birth of the child may have
occurred in another state, the individual shall obtain a certificate of search from the registry
of paternity, if any, in that state.
new text end

Sec. 39.

new text begin [257E.048] CERTIFICATE OF SEARCH OF REGISTRY.
new text end

new text begin (a) The Department of Health shall furnish a certificate of search of the registry of
paternity established by section 257E.035 on request to an individual, court, or agency
identified in section 257E.041, paragraph (b), or an individual required under section
257E.047, clause (1), to obtain a certificate.
new text end

new text begin (b) A certificate furnished under paragraph (a):
new text end

new text begin (1) must be signed on behalf of the Department of Health and state that:
new text end

new text begin (A) a search has been made of the registry; and
new text end

new text begin (B) a registration under section 257E.036, paragraph (a), containing the information
required to identify the man who registers:
new text end

new text begin (i) has been found; or
new text end

new text begin (ii) has not been found; and
new text end

new text begin (2) if clause (1), item (B), subitem (i), applies, must have a copy of the registration
attached.
new text end

new text begin (c) An individual seeking to adopt or terminate parental rights to a child must file with
the court the certificate of search furnished under paragraph (a) and section 257E.047, clause
(2), if applicable, before a proceeding to adopt or terminate parental rights to the child may
be concluded.
new text end

Sec. 40.

new text begin [257E.049] ADMISSIBILITY OF REGISTERED INFORMATION.
new text end

new text begin A certificate of search of a registry of paternity in this or another state is admissible in
a proceeding for adoption of or termination of parental rights to a child and, if relevant, in
other legal proceedings.
new text end

GENETIC TESTING

Sec. 41.

new text begin [257E.05] DEFINITIONS.
new text end

new text begin For purposes of sections 257E.05 to 257E.061,
new text end

new text begin (1) "Combined relationship index" means the product of all tested relationship indices.
new text end

new text begin (2) "Ethnic or racial group" means, for the purpose of genetic testing, a recognized group
that an individual identifies as the individual's ancestry or part of the ancestry or that is
identified by other information.
new text end

new text begin (3) "Hypothesized genetic relationship" means an asserted genetic relationship between
an individual and a child.
new text end

new text begin (4) "Probability of parentage" means, for the ethnic or racial group to which an individual
alleged to be a parent belongs, the probability that a hypothesized genetic relationship is
supported, compared to the probability that a genetic relationship is supported between the
child and a random individual of the ethnic or racial group used in the hypothesized genetic
relationship, expressed as a percentage incorporating the combined relationship index and
a prior probability.
new text end

new text begin (5) "Relationship index" means a likelihood ratio that compares the probability of a
genetic marker given a hypothesized genetic relationship and the probability of the genetic
marker given a genetic relationship between the child and a random individual of the ethnic
or racial group used in the hypothesized genetic relationship.
new text end

Sec. 42.

new text begin [257E.051] SCOPE; LIMITATION ON USE OF GENETIC TESTING.
new text end

new text begin (a) Sections 257E.05 to 257E.061 govern genetic testing of an individual in a proceeding
to adjudicate parentage, whether the individual:
new text end

new text begin (1) voluntarily submits to testing; or
new text end

new text begin (2) is tested under an order of the court or a child-support agency.
new text end

new text begin (b) Genetic testing may not be used:
new text end

new text begin (1) to challenge the parentage of an individual who is a parent under sections 257E.085
to 257E.110; or
new text end

new text begin (2) to establish the parentage of an individual who is a donor.
new text end

Sec. 43.

new text begin [257E.052] AUTHORITY TO ORDER OR DENY GENETIC TESTING.
new text end

new text begin (a) Except as otherwise provided in sections 257E.05 to 257E.084, in a proceeding under
this chapter to determine parentage, the court shall order the child and any other individual
to submit to genetic testing if a request for testing is supported by the sworn statement of a
party:
new text end

new text begin (1) alleging a reasonable possibility that the individual is the child's genetic parent; or
new text end

new text begin (2) denying genetic parentage of the child and stating facts establishing a reasonable
possibility that the individual is not a genetic parent.
new text end

new text begin (b) A child-support agency may order genetic testing only if there is no presumed,
acknowledged, or adjudicated parent of a child other than the woman who gave birth to the
child.
new text end

new text begin (c) The court or child-support agency may not order in utero genetic testing.
new text end

new text begin (d) If two or more individuals are subject to court-ordered genetic testing, the court may
order that testing be completed concurrently or sequentially.
new text end

new text begin (e) Genetic testing of a woman who gave birth to a child is not a condition precedent to
testing of the child and an individual whose genetic parentage of the child is being
determined. If the woman is unavailable or declines to submit to genetic testing, the court
may order genetic testing of the child and each individual whose genetic parentage of the
child is being adjudicated.
new text end

new text begin (f) In a proceeding to adjudicate the parentage of a child having a presumed parent or
an individual who claims to be a parent under section 257E.07, or to challenge an
acknowledgment of parentage, the court may deny a motion for genetic testing of the child
and any other individual after considering the factors in section 257E.074, paragraphs (a)
and (b).
new text end

new text begin (g) If an individual requesting genetic testing is barred under sections 257E.062 to
257E.084 from establishing the individual's parentage, the court shall deny the request for
genetic testing.
new text end

new text begin (h) An order under this section for genetic testing is enforceable by contempt.
new text end

Sec. 44.

new text begin [257E.053] REQUIREMENTS FOR GENETIC TESTING.
new text end

new text begin (a) Genetic testing must be of a type reasonably relied on by experts in the field of genetic
testing and performed in a testing laboratory accredited by:
new text end

new text begin (1) the AABB, formerly known as the American Association of Blood Banks, or a
successor to its functions; or
new text end

new text begin (2) an accrediting body designated by the Secretary of the United States Department of
Health and Human Services.
new text end

new text begin (b) A specimen used in genetic testing may consist of a sample or a combination of
samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used
in the testing need not be of the same kind for each individual undergoing genetic testing.
new text end

new text begin (c) Based on the ethnic or racial group of an individual undergoing genetic testing, a
testing laboratory shall determine the databases from which to select frequencies for use in
calculating a relationship index. If an individual or a child-support agency objects to the
laboratory's choice, the following rules apply:
new text end

new text begin (1) Not later than 30 days after receipt of the report of the test, the objecting individual
or child-support agency may request the court to require the laboratory to recalculate the
relationship index using an ethnic or racial group different from that used by the laboratory.
new text end

new text begin (2) The individual or the child-support agency objecting to the laboratory's choice under
this subsection shall:
new text end

new text begin (A) if the requested frequencies are not available to the laboratory for the ethnic or racial
group requested, provide the requested frequencies compiled in a manner recognized by
accrediting bodies; or
new text end

new text begin (B) engage another laboratory to perform the calculations.
new text end

new text begin (3) The laboratory may use its own statistical estimate if there is a question which ethnic
or racial group is appropriate. The laboratory shall calculate the frequencies using statistics,
if available, for any other ethnic or racial group requested.
new text end

new text begin (d) If, after recalculation of the relationship index under paragraph (c) using a different
ethnic or racial group, genetic testing under section 257E.055 does not identify an individual
as a genetic parent of a child, the court may require an individual who has been tested to
submit to additional genetic testing to identify a genetic parent.
new text end

Sec. 45.

new text begin [257E.054] REPORT OF GENETIC TESTING.
new text end

new text begin (a) A report of genetic testing must be in a record and signed under penalty of perjury
by a designee of the testing laboratory. A report complying with the requirements of sections
257E.05 to 257E.061 is self-authenticating.
new text end

new text begin (b) Documentation from a testing laboratory of the following information is sufficient
to establish a reliable chain of custody and allow the results of genetic testing to be admissible
without testimony:
new text end

new text begin (1) the name and photograph of each individual whose specimen has been taken;
new text end

new text begin (2) the name of the individual who collected each specimen;
new text end

new text begin (3) the place and date each specimen was collected;
new text end

new text begin (4) the name of the individual who received each specimen in the testing laboratory;
and
new text end

new text begin (5) the date each specimen was received.
new text end

Sec. 46.

new text begin [257E.055] GENETIC TESTING RESULTS; CHALLENGE TO RESULTS.
new text end

new text begin (a) Subject to a challenge under paragraph (b), an individual is identified under this
chapter as a genetic parent of a child if genetic testing complies with sections 257E.05 to
257E.061 and the results of the testing disclose:
new text end

new text begin (1) the individual has at least a 99 percent probability of parentage, using a prior
probability of 0.50, as calculated by using the combined relationship index obtained in the
testing; and
new text end

new text begin (2) a combined relationship index of at least 100 to 1.
new text end

new text begin (b) An individual identified under paragraph (a) as a genetic parent of the child may
challenge the genetic testing results only by other genetic testing satisfying the requirements
of sections 257E.05 to 257E.061 which:
new text end

new text begin (1) excludes the individual as a genetic parent of the child; or
new text end

new text begin (2) identifies another individual as a possible genetic parent of the child other than:
new text end

new text begin (A) the woman who gave birth to the child; or
new text end

new text begin (B) the individual identified under paragraph (a).
new text end

new text begin (c) Except as otherwise provided in section 257E.06, if more than one individual other
than the woman who gave birth is identified by genetic testing as a possible genetic parent
of the child, the court shall order each individual to submit to further genetic testing to
identify a genetic parent.
new text end

Sec. 47.

new text begin [257E.056] COST OF GENETIC TESTING.
new text end

new text begin (a) Subject to assessment of fees under sections 257E.062 to 257E.084, payment of the
cost of initial genetic testing must be made in advance:
new text end

new text begin (1) by a child-support agency in a proceeding in which the child-support agency is
providing services;
new text end

new text begin (2) by the individual who made the request for genetic testing;
new text end

new text begin (3) as agreed by the parties; or
new text end

new text begin (4) as ordered by the court.
new text end

new text begin (b) If the cost of genetic testing is paid by a child-support agency, the agency may seek
reimbursement from the genetic parent whose parent-child relationship is established.
new text end

Sec. 48.

new text begin [257E.057] ADDITIONAL GENETIC TESTING.
new text end

new text begin The court or child-support agency shall order additional genetic testing on request of an
individual who contests the result of the initial testing under section 257E.055. If initial
genetic testing under section 257E.055 identified an individual as a genetic parent of the
child, the court or agency may not order additional testing unless the contesting individual
pays for the testing in advance.
new text end

Sec. 49.

new text begin [257E.058] GENETIC TESTING WHEN SPECIMEN NOT AVAILABLE.
new text end

new text begin (a) Subject to paragraph (b), if a genetic-testing specimen is not available from an alleged
genetic parent of a child, an individual seeking genetic testing demonstrates good cause,
and the court finds that the circumstances are just, the court may order any of the following
individuals to submit specimens for genetic testing:
new text end

new text begin (1) a parent of the alleged genetic parent;
new text end

new text begin (2) a sibling of the alleged genetic parent;
new text end

new text begin (3) another child of the alleged genetic parent and the woman who gave birth to the other
child; and
new text end

new text begin (4) another relative of the alleged genetic parent necessary to complete genetic testing.
new text end

new text begin (b) To issue an order under this section, the court must find that a need for genetic testing
outweighs the legitimate interests of the individual sought to be tested.
new text end

Sec. 50.

new text begin [257E.059] DECEASED INDIVIDUAL.
new text end

new text begin If an individual seeking genetic testing demonstrates good cause, the court may order
genetic testing of a deceased individual.
new text end

Sec. 51.

new text begin [257E.06] IDENTICAL SIBLINGS.
new text end

new text begin (a) If the court finds there is reason to believe that an alleged genetic parent has an
identical sibling and evidence that the sibling may be a genetic parent of the child, the court
may order genetic testing of the sibling.
new text end

new text begin (b) If more than one sibling is identified under section 257E.055 as a genetic parent of
the child, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic
parent of the child.
new text end

Sec. 52.

new text begin [257E.061] CONFIDENTIALITY OF GENETIC TESTING.
new text end

new text begin (a) Release of a report of genetic testing for parentage is controlled by law of this state
other than this chapter.
new text end

new text begin (b) An individual who intentionally releases an identifiable specimen of another individual
collected for genetic testing under sections 257E.05 to 257E.06 for a purpose not relevant
to a proceeding regarding parentage, without a court order or written permission of the
individual who furnished the specimen, commits a misdemeanor.
new text end

PROCEEDING TO ADJUDICATE PARENTAGE;
NATURE OF PROCEEDING

Sec. 53.

new text begin [257E.062] PROCEEDING AUTHORIZED.
new text end

new text begin (a) A proceeding may be commenced to adjudicate the parentage of a child. Except as
otherwise provided in this chapter, the proceeding is governed by the Minnesota Rules of
Civil Procedure.
new text end

new text begin (b) A proceeding to adjudicate the parentage of a child born under a surrogacy agreement
is governed by sections 257E.093 to 257E.110.
new text end

Sec. 54.

new text begin [257E.063] STANDING TO MAINTAIN PROCEEDING.
new text end

new text begin Except as otherwise provided in sections 257E.021 to 257E.034 and 257E.069 to
257E.072, a proceeding to adjudicate parentage may be maintained by:
new text end

new text begin (1) the child;
new text end

new text begin (2) the woman who gave birth to the child, unless a court has adjudicated that she is not
a parent;
new text end

new text begin (3) an individual who is a parent under this chapter;
new text end

new text begin (4) an individual whose parentage of the child is to be adjudicated;
new text end

new text begin (5) a child-support agency;
new text end

new text begin (6) an adoption agency authorized by law of this state other than this chapter or licensed
child-placement agency; or
new text end

new text begin (7) a representative authorized by law of this state other than this chapter to act for an
individual who otherwise would be entitled to maintain a proceeding but is deceased,
incapacitated, or a minor.
new text end

Sec. 55.

new text begin [257E.064] NOTICE OF PROCEEDING.
new text end

new text begin (a) The petitioner shall give notice of a proceeding to adjudicate parentage to the
following individuals:
new text end

new text begin (1) the woman who gave birth to the child, unless a court has adjudicated that she is not
a parent;
new text end

new text begin (2) an individual who is a parent of the child under this chapter;
new text end

new text begin (3) a presumed, acknowledged, or adjudicated parent of the child; and
new text end

new text begin (4) an individual whose parentage of the child is to be adjudicated.
new text end

new text begin (b) An individual entitled to notice under paragraph (a) has a right to intervene in the
proceeding.
new text end

new text begin (c) Lack of notice required by paragraph (a) does not render a judgment void. Lack of
notice does not preclude an individual entitled to notice under paragraph (a) from bringing
a proceeding under section 257E.072, paragraph (b).
new text end

Sec. 56.

new text begin [257E.065] PERSONAL JURISDICTION.
new text end

new text begin (a) The court may adjudicate an individual's parentage of a child only if the court has
personal jurisdiction over the individual.
new text end

new text begin (b) A court of this state with jurisdiction to adjudicate parentage may exercise personal
jurisdiction over a nonresident individual, or the guardian or conservator of the individual,
if the conditions prescribed in section 518C.201 are satisfied.
new text end

new text begin (c) Lack of jurisdiction over one individual does not preclude the court from making an
adjudication of parentage binding on another individual.
new text end

Sec. 57.

new text begin [257E.066] VENUE.
new text end

new text begin Venue for a proceeding to adjudicate parentage is in the county of this state in which:
new text end

new text begin (1) the child resides or is located;
new text end

new text begin (2) if the child does not reside in this state, the respondent resides or is located; or
new text end

new text begin (3) a proceeding has been commenced for administration of the estate of an individual
who is or may be a parent under this chapter.
new text end

PROCEEDING TO ADJUDICATE PARENTAGE;
SPECIAL RULES

Sec. 58.

new text begin [257E.067] ADMISSIBILITY OF RESULTS OF GENETIC TESTING.
new text end

new text begin (a) Except as otherwise provided in section 257E.051, paragraph (b), the court shall
admit a report of genetic testing ordered by the court under section 257E.052 as evidence
of the truth of the facts asserted in the report.
new text end

new text begin (b) A party may object to the admission of a report described in paragraph (a), not later
than 14 days after the party receives the report. The party shall cite specific grounds for
exclusion.
new text end

new text begin (c) A party that objects to the results of genetic testing may call a genetic-testing expert
to testify in person or by another method approved by the court. Unless the court orders
otherwise, the party offering the testimony bears the expense for the expert testifying.
new text end

new text begin (d) Admissibility of a report of genetic testing is not affected by whether the testing was
performed:
new text end

new text begin (1) voluntarily or under an order of the court or a child-support agency; or
new text end

new text begin (2) before, on, or after commencement of the proceeding.
new text end

Sec. 59.

new text begin [257E.068] ADJUDICATING PARENTAGE OF CHILD WITH ALLEGED
GENETIC PARENT.
new text end

new text begin (a) A proceeding to determine whether an alleged genetic parent who is not a presumed
parent is a parent of a child may be commenced:
new text end

new text begin (1) before the child becomes an adult; or
new text end

new text begin (2) after the child becomes an adult, but only if the child initiates the proceeding.
new text end

new text begin (b) Except as otherwise provided in section 257E.075, this paragraph applies in a
proceeding described in paragraph (a) if the woman who gave birth to the child is the only
other individual with a claim to parentage of the child. The court shall adjudicate an alleged
genetic parent to be a parent of the child if the alleged genetic parent:
new text end

new text begin (1) is identified under section 257E.055 as a genetic parent of the child and the
identification is not successfully challenged under section 257E.055;
new text end

new text begin (2) admits parentage in a pleading, when making an appearance, or during a hearing,
the court accepts the admission, and the court determines the alleged genetic parent to be
a parent of the child;
new text end

new text begin (3) declines to submit to genetic testing ordered by the court or a child-support agency,
in which case the court may adjudicate the alleged genetic parent to be a parent of the child
even if the alleged genetic parent denies a genetic relationship with the child;
new text end

new text begin (4) is in default after service of process and the court determines the alleged genetic
parent to be a parent of the child; or
new text end

new text begin (5) is neither identified nor excluded as a genetic parent by genetic testing and, based
on other evidence, the court determines the alleged genetic parent to be a parent of the child.
new text end

new text begin (c) Except as otherwise provided in section 257E.075 and subject to other limitations
in sections 257E.067 to 257E.075, if in a proceeding involving an alleged genetic parent,
at least one other individual in addition to the woman who gave birth to the child has a claim
to parentage of the child, the court shall adjudicate parentage under section 257E.074.
new text end

Sec. 60.

new text begin [257E.069] ADJUDICATING PARENTAGE OF CHILD WITH PRESUMED
PARENT.
new text end

new text begin (a) A proceeding to determine whether a presumed parent is a parent of a child may be
commenced:
new text end

new text begin (1) before the child becomes an adult; or
new text end

new text begin (2) after the child becomes an adult, but only if the child initiates the proceeding.
new text end

new text begin (b) A presumption of parentage under section 257E.02 cannot be overcome after the
child attains two years of age unless the court determines:
new text end

new text begin (1) the presumed parent is not a genetic parent, never resided with the child, and never
held out the child as the presumed parent's child; or
new text end

new text begin (2) the child has more than one presumed parent.
new text end

new text begin (c) Except as otherwise provided in section 257E.075, the following rules apply in a
proceeding to adjudicate a presumed parent's parentage of a child if the woman who gave
birth to the child is the only other individual with a claim to parentage of the child:
new text end

new text begin (1) If no party to the proceeding challenges the presumed parent's parentage of the child,
the court shall adjudicate the presumed parent to be a parent of the child.
new text end

new text begin (2) If the presumed parent is identified under section 257E.055 as a genetic parent of
the child and that identification is not successfully challenged under section 257E.055, the
court shall adjudicate the presumed parent to be a parent of the child.
new text end

new text begin (3) If the presumed parent is not identified under section 257E.055 as a genetic parent
of the child and the presumed parent or the woman who gave birth to the child challenges
the presumed parent's parentage of the child, the court shall adjudicate the parentage of the
child in the best interest of the child based on the factors under section 257E.074, paragraphs
(a) and (b).
new text end

new text begin (d) Except as otherwise provided in section 257E.075 and subject to other limitations
in sections 257E.067 to 257E.075, if in a proceeding to adjudicate a presumed parent's
parentage of a child, another individual in addition to the woman who gave birth to the child
asserts a claim to parentage of the child, the court shall adjudicate parentage under section
257E.074.
new text end

Sec. 61.

new text begin [257E.07] ADJUDICATING CLAIM OF DE FACTO PARENTAGE OF
CHILD.
new text end

new text begin (a) A proceeding to establish parentage of a child under this section may be commenced
only by an individual who:
new text end

new text begin (1) is alive when the proceeding is commenced; and
new text end

new text begin (2) claims to be a de facto parent of the child.
new text end

new text begin (b) An individual who claims to be a de facto parent of a child must commence a
proceeding to establish parentage of a child under this section:
new text end

new text begin (1) before the child attains 18 years of age; and
new text end

new text begin (2) while the child is alive.
new text end

new text begin (c) The following rules govern standing of an individual who claims to be a de facto
parent of a child to maintain a proceeding under this section:
new text end

new text begin (1) The individual must file an initial verified pleading alleging specific facts that support
the claim to parentage of the child asserted under this section. The verified pleading must
be served on all parents and legal guardians of the child and any other party to the proceeding.
new text end

new text begin (2) An adverse party, parent, or legal guardian may file a pleading in response to the
pleading filed under clause (1). A responsive pleading must be verified and must be served
on parties to the proceeding.
new text end

new text begin (3) Unless the court finds a hearing is necessary to determine disputed facts material to
the issue of standing, the court shall determine, based on the pleadings under clauses (1)
and (2), whether the individual has alleged facts sufficient to satisfy by a preponderance of
the evidence the requirements of clauses (1) through (7) of paragraph (d). If the court holds
a hearing under this paragraph, the hearing must be held on an expedited basis.
new text end

new text begin (d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto
parent of the child, if there is only one other individual who is a parent or has a claim to
parentage of the child, the court shall adjudicate the individual who claims to be a de facto
parent to be a parent of the child if the individual demonstrates by clear-and-convincing
evidence that:
new text end

new text begin (1) the individual resided with the child as a regular member of the child's household
for a significant period;
new text end

new text begin (2) the individual engaged in consistent caretaking of the child;
new text end

new text begin (3) the individual undertook full and permanent responsibilities of a parent of the child
without expectation of financial compensation;
new text end

new text begin (4) the individual held out the child as the individual's child;
new text end

new text begin (5) the individual established a bonded and dependent relationship with the child which
is parental in nature;
new text end

new text begin (6) another parent of the child fostered or supported the bonded and dependent
relationship required under clause (5); and
new text end

new text begin (7) continuing the relationship between the individual and the child is in the best interest
of the child.
new text end

new text begin (e) Subject to other limitations in sections 257E.067 to 257E.075, if in a proceeding to
adjudicate parentage of an individual who claims to be a de facto parent of the child, there
is more than one other individual who is a parent or has a claim to parentage of the child
and the court determines that the requirements of paragraph (d) are satisfied, the court shall
adjudicate parentage under section 257E.074.
new text end

Sec. 62.

new text begin [257E.071] ADJUDICATING PARENTAGE OF CHILD WITH
ACKNOWLEDGED PARENT.
new text end

new text begin (a) If a child has an acknowledged parent, a proceeding to challenge the acknowledgment
of parentage or a denial of parentage, brought by a signatory to the acknowledgment or
denial, is governed by sections 257E.029 and 257E.03.
new text end

new text begin (b) If a child has an acknowledged parent, the following rules apply in a proceeding to
challenge the acknowledgment of parentage or a denial of parentage brought by an individual,
other than the child, who has standing under section 257E.063 and was not a signatory to
the acknowledgment or denial:
new text end

new text begin (1) The individual must commence the proceeding not later than two years after the
effective date of the acknowledgment.
new text end

new text begin (2) The court may permit the proceeding only if the court finds permitting the proceeding
is in the best interest of the child.
new text end

new text begin (3) If the court permits the proceeding, the court shall adjudicate parentage under section
257E.074.
new text end

Sec. 63.

new text begin [257E.072] ADJUDICATING PARENTAGE OF CHILD WITH
ADJUDICATED PARENT.
new text end

new text begin (a) If a child has an adjudicated parent, a proceeding to challenge the adjudication,
brought by an individual who was a party to the adjudication or received notice under section
257E.064, is governed by the rules governing a collateral attack on a judgment.
new text end

new text begin (b) If a child has an adjudicated parent, the following rules apply to a proceeding to
challenge the adjudication of parentage brought by an individual, other than the child, who
has standing under section 257E.063 and was not a party to the adjudication and did not
receive notice under section 257E.064:
new text end

new text begin (1) The individual must commence the proceeding not later than two years after the
effective date of the adjudication.
new text end

new text begin (2) The court may permit the proceeding only if the court finds permitting the proceeding
is in the best interest of the child.
new text end

new text begin (3) If the court permits the proceeding, the court shall adjudicate parentage under section
257E.074.
new text end

Sec. 64.

new text begin [257E.073] ADJUDICATING PARENTAGE OF CHILD OF ASSISTED
REPRODUCTION.
new text end

new text begin (a) An individual who is a parent under sections 257E.085 to 257E.092 or the woman
who gave birth to the child may bring a proceeding to adjudicate parentage. If the court
determines the individual is a parent under sections 257E.085 to 257E.092, the court shall
adjudicate the individual to be a parent of the child.
new text end

new text begin (b) In a proceeding to adjudicate an individual's parentage of a child, if another individual
other than the woman who gave birth to the child is a parent under sections 257E.085 to
257E.092, the court shall adjudicate the individual's parentage of the child under section
257E.074.
new text end

Sec. 65.

new text begin [257E.074] ADJUDICATING COMPETING CLAIMS OF PARENTAGE.
new text end

new text begin (a) Except as otherwise provided in section 257E.075, in a proceeding to adjudicate
competing claims of, or challenges under section 257E.069, paragraph (c), 257E.071, or
257E.072 to, parentage of a child by two or more individuals, the court shall adjudicate
parentage in the best interest of the child, based on:
new text end

new text begin (1) the age of the child;
new text end

new text begin (2) the length of time during which each individual assumed the role of parent of the
child;
new text end

new text begin (3) the nature of the relationship between the child and each individual;
new text end

new text begin (4) the harm to the child if the relationship between the child and each individual is not
recognized;
new text end

new text begin (5) the basis for each individual's claim to parentage of the child; and
new text end

new text begin (6) other equitable factors arising from the disruption of the relationship between the
child and each individual or the likelihood of other harm to the child.
new text end

new text begin (b) If an individual challenges parentage based on the results of genetic testing, in addition
to the factors listed in paragraph (a), the court shall consider:
new text end

new text begin (1) the facts surrounding the discovery the individual might not be a genetic parent of
the child; and
new text end

new text begin (2) the length of time between the time that the individual was placed on notice that the
individual might not be a genetic parent and the commencement of the proceeding.
new text end

new text begin (c) The court may adjudicate a child to have more than two parents under this chapter
if the court finds that failure to recognize more than two parents would be detrimental to
the child. A finding of detriment to the child does not require a finding of unfitness of any
parent or individual seeking an adjudication of parentage. In determining detriment to the
child, the court shall consider all relevant factors, including the harm if the child is removed
from a stable placement with an individual who has fulfilled the child's physical needs and
psychological needs for care and affection and has assumed the role for a substantial period.
new text end

Sec. 66.

new text begin [257E.075] PRECLUDING ESTABLISHMENT OF PARENTAGE BY
PERPETRATOR OF SEXUAL ASSAULT.
new text end

new text begin (a) In this section, "sexual assault" means a crime committed under sections 609.342 to
609.3451.
new text end

new text begin (b) In a proceeding in which a woman alleges that a man committed a sexual assault
that resulted in the woman giving birth to a child, the woman may seek to preclude the man
from establishing that he is a parent of the child.
new text end

new text begin (c) This section does not apply if:
new text end

new text begin (1) the man described in paragraph (b) has previously been adjudicated to be a parent
of the child; or
new text end

new text begin (2) after the birth of the child, the man established a bonded and dependent relationship
with the child which is parental in nature.
new text end

new text begin (d) Unless section 257E.029 or 257E.068 applies, a woman must file a pleading making
an allegation under paragraph (b) not later than two years after the birth of the child. The
woman may file the pleading only in a proceeding to establish parentage under this chapter.
new text end

new text begin (e) An allegation under paragraph (b) may be proved by:
new text end

new text begin (1) evidence that the man was convicted of a sexual assault, or a comparable crime in
another jurisdiction, against the woman and the child was born not later than 300 days after
the sexual assault; or
new text end

new text begin (2) clear-and-convincing evidence that the man committed sexual assault against the
woman and the child was born not later than 300 days after the sexual assault.
new text end

new text begin (f) Subject to paragraphs (a) through (d), if the court determines that an allegation has
been proved under paragraph (e), the court shall:
new text end

new text begin (1) adjudicate that the man described in paragraph (b) is not a parent of the child;
new text end

new text begin (2) require the Office of Vital Records of the Department of Health to amend the birth
certificate if requested by the woman and the court determines that the amendment is in the
best interest of the child; and
new text end

new text begin (3) require the man pay to child support, birth-related costs, or both, unless the woman
requests otherwise and the court determines that granting the request is in the best interest
of the child.
new text end

PROCEEDING TO ADJUDICATE PARENTAGE;
HEARING AND ADJUDICATION

Sec. 67.

new text begin [257E.076] TEMPORARY ORDER.
new text end

new text begin (a) In a proceeding under sections 257E.062 to 257E.084, the court may issue a temporary
order for child support if the order is consistent with law of this state other than this chapter
and the individual ordered to pay support is:
new text end

new text begin (1) a presumed parent of the child;
new text end

new text begin (2) petitioning to be adjudicated a parent;
new text end

new text begin (3) identified as a genetic parent through genetic testing under section 257E.055;
new text end

new text begin (4) an alleged genetic parent who has declined to submit to genetic testing;
new text end

new text begin (5) shown by clear-and-convincing evidence to be a parent of the child; or
new text end

new text begin (6) a parent under this chapter.
new text end

new text begin (b) A temporary order may include a provision for custody and visitation under law of
this state other than this chapter.
new text end

Sec. 68.

new text begin [257E.077] COMBINING PROCEEDINGS.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), the court may combine a proceeding
to adjudicate parentage under this chapter with a proceeding for adoption, termination of
parental rights, child custody or visitation, child support, divorce, dissolution, annulment,
declaration of invalidity, or legal separation or separate maintenance, administration of an
estate, or other appropriate proceeding.
new text end

new text begin (b) A respondent may not combine a proceeding described in paragraph (a) with a
proceeding to adjudicate parentage brought under chapter 518C.
new text end

Sec. 69.

new text begin [257E.078] PROCEEDING BEFORE BIRTH.
new text end

new text begin Except as otherwise provided in sections 257E.093 to 257E.110, a proceeding to
adjudicate parentage may be commenced before the birth of the child and an order or
judgment may be entered before birth, but enforcement of the order or judgment must be
stayed until the birth of the child.
new text end

Sec. 70.

new text begin [257E.079] CHILD AS PARTY; REPRESENTATION.
new text end

new text begin (a) A minor child is a permissive party but not a necessary party to a proceeding under
this chapter.
new text end

new text begin (b) The court shall appoint an attorney, guardian ad litem, or similar person to represent
a child in a proceeding under sections 257E.062 to 257E.084, if the court finds that the
interests of the child are not adequately represented.
new text end

Sec. 71.

new text begin [257E.08] COURT TO ADJUDICATE PARENTAGE.
new text end

new text begin The court shall adjudicate parentage of a child without a jury.
new text end

Sec. 72.

new text begin [257E.081] HEARING; INSPECTION OF RECORDS.
new text end

new text begin (a) On request of a party and for good cause, the court may close a proceeding under
sections 257E.062 to 257E.084 to the public.
new text end

new text begin (b) A final order in a proceeding under sections 257E.062 to 257E.084 is available for
public inspection. Other papers and records are available for public inspection only with
the consent of the parties or by court order.
new text end

Sec. 73.

new text begin [257E.082] DISMISSAL FOR WANT OF PROSECUTION.
new text end

new text begin The court may dismiss a proceeding under this chapter for want of prosecution only
without prejudice. An order of dismissal for want of prosecution purportedly with prejudice
is void and has only the effect of a dismissal without prejudice.
new text end

Sec. 74.

new text begin [257E.083] ORDER ADJUDICATING PARENTAGE.
new text end

new text begin (a) An order adjudicating parentage must identify the child in a manner provided by law
of this state other than this chapter.
new text end

new text begin (b) Except as otherwise provided in paragraph (c), the court may assess filing fees,
reasonable attorney's fees, fees for genetic testing, other costs, and necessary travel and
other reasonable expenses incurred in a proceeding under sections 257E.062 to 257E.084.
Attorney's fees awarded under this subsection may be paid directly to the attorney, and the
attorney may enforce the order in the attorney's own name.
new text end

new text begin (c) The court may not assess fees, costs, or expenses in a proceeding under sections
257E.062 to 257E.084 against a child-support agency of this state or another state, except
as provided by law of this state other than this chapter.
new text end

new text begin (d) In a proceeding under sections 257E.062 to 257E.084, a copy of a bill for genetic
testing or prenatal or postnatal health care for the woman who gave birth to the child and
the child, provided to the adverse party not later than ten days before a hearing, is admissible
to establish:
new text end

new text begin (1) the amount of the charge billed; and
new text end

new text begin (2) that the charge is reasonable and necessary.
new text end

new text begin (e) On request of a party and for good cause, the court in a proceeding under sections
257E.062 to 257E.084 may order the name of the child changed. If the court order changing
the name varies from the name on the birth certificate of the child, the court shall order the
Office of Vital Records of the Department of Health to issue an amended birth certificate.
new text end

Sec. 75.

new text begin [257E.084] BINDING EFFECT OF DETERMINATION OF PARENTAGE.
new text end

new text begin (a) Except as otherwise provided in paragraph (b):
new text end

new text begin (1) a signatory to an acknowledgment of parentage or denial of parentage is bound by
the acknowledgment and denial as provided in sections 257E.021 to 257E.034; and
new text end

new text begin (2) a party to an adjudication of parentage by a court acting under circumstances that
satisfy the jurisdiction requirements of section 518C.201 and any individual who received
notice of the proceeding are bound by the adjudication.
new text end

new text begin (b) A child is not bound by a determination of parentage under this chapter unless:
new text end

new text begin (1) the determination was based on an unrescinded acknowledgment of parentage and
the acknowledgment is consistent with the results of genetic testing;
new text end

new text begin (2) the determination was based on a finding consistent with the results of genetic testing,
and the consistency is declared in the determination or otherwise shown;
new text end

new text begin (3) the determination of parentage was made under sections 257E.085 to 257E.110; or
new text end

new text begin (4) the child was a party or was represented by an attorney, guardian ad litem, or similar
person in the proceeding.
new text end

new text begin (c) In a proceeding for divorce, dissolution, annulment, declaration of invalidity, legal
separation, or separate maintenance, the court is deemed to have made an adjudication of
parentage of a child if the court acts under circumstances that satisfy the jurisdiction
requirements of section 518C.201 and the final order:
new text end

new text begin (1) expressly identifies the child as a "child of the marriage" or "issue of the marriage"
or includes similar words indicating that both spouses are parents of the child; or
new text end

new text begin (2) provides for support of the child by a spouse unless that spouse's parentage is
disclaimed specifically in the order.
new text end

new text begin (d) Except as otherwise provided in paragraph (b) or section 257E.072, a determination
of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate
parentage of an individual who was not a party to the earlier proceeding.
new text end

new text begin (e) A party to an adjudication of parentage may challenge the adjudication only under
law of this state other than this chapter relating to appeal, vacation of judgment, or other
judicial review.
new text end

ASSISTED REPRODUCTION

Sec. 76.

new text begin [257E.085] SCOPE OF [ARTICLE].
new text end

new text begin Sections 257E.085 to 257E.092 do not apply to the birth of a child conceived by sexual
intercourse or assisted reproduction under a surrogacy agreement under sections 257E.093
to 257E.110.
new text end

Sec. 77.

new text begin [257E.086] PARENTAL STATUS OF DONOR.
new text end

new text begin A donor is not a parent of a child conceived by assisted reproduction.
new text end

Sec. 78.

new text begin [257E.087] PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
new text end

new text begin An individual who consents under section 257E.088 to assisted reproduction by a woman
with the intent to be a parent of a child conceived by the assisted reproduction is a parent
of the child.
new text end

Sec. 79.

new text begin [257E.088] CONSENT TO ASSISTED REPRODUCTION.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), the consent described in section
257E.087 must be in a record signed by a woman giving birth to a child conceived by
assisted reproduction and an individual who intends to be a parent of the child.
new text end

new text begin (b) Failure to consent in a record as required by paragraph (a), before, on, or after birth
of the child, does not preclude the court from finding consent to parentage if:
new text end

new text begin (1) the woman or the individual proves by clear-and-convincing evidence the existence
of an express agreement entered into before conception that the individual and the woman
intended they both would be parents of the child; or
new text end

new text begin (2) the woman and the individual for the first two years of the child's life, including any
period of temporary absence, resided together in the same household with the child and
both openly held out the child as the individual's child, unless the individual dies or becomes
incapacitated before the child attains two years of age or the child dies before the child
attains two years of age, in which case the court may find consent under this paragraph to
parentage if a party proves by clear-and-convincing evidence that the woman and the
individual intended to reside together in the same household with the child and both intended
the individual would openly hold out the child as the individual's child, but the individual
was prevented from carrying out that intent by death or incapacity.
new text end

Sec. 80.

new text begin [257E.089] LIMITATION ON SPOUSE'S DISPUTE OF PARENTAGE.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), an individual who, at the time of a
child's birth, is the spouse of the woman who gave birth to the child by assisted reproduction
may not challenge the individual's parentage of the child unless:
new text end

new text begin (1) not later than two years after the birth of the child, the individual commences a
proceeding to adjudicate the individual's parentage of the child; and
new text end

new text begin (2) the court finds the individual did not consent to the assisted reproduction, before,
on, or after birth of the child, or withdrew consent under section 257E.091.
new text end

new text begin (b) A proceeding to adjudicate a spouse's parentage of a child born by assisted
reproduction may be commenced at any time if the court determines:
new text end

new text begin (1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
new text end

new text begin (2) the spouse and the woman who gave birth to the child have not cohabited since the
probable time of assisted reproduction; and
new text end

new text begin (3) the spouse never openly held out the child as the spouse's child.
new text end

new text begin (c) This section applies to a spouse's dispute of parentage even if the spouse's marriage
is declared invalid after assisted reproduction occurs.
new text end

Sec. 81.

new text begin [257E.09] EFFECT OF CERTAIN LEGAL PROCEEDINGS REGARDING
MARRIAGE.
new text end

new text begin If a marriage of a woman who gives birth to a child conceived by assisted reproduction
is terminated through divorce or dissolution, subject to legal separation or separate
maintenance, declared invalid, or annulled before transfer of gametes or embryos to the
woman, a former spouse of the woman is not a parent of the child unless the former spouse
consented in a record that the former spouse would be a parent of the child if assisted
reproduction were to occur after a divorce, dissolution, annulment, declaration of invalidity,
legal separation, or separate maintenance, and the former spouse did not withdraw consent
under section 257E.091.
new text end

Sec. 82.

new text begin [257E.091] WITHDRAWAL OF CONSENT.
new text end

new text begin (a) An individual who consents under section 257E.088 to assisted reproduction may
withdraw consent any time before a transfer that results in a pregnancy, by giving notice in
a record of the withdrawal of consent to the woman who agreed to give birth to a child
conceived by assisted reproduction and to any clinic or health-care provider facilitating the
assisted reproduction. Failure to give notice to the clinic or health-care provider does not
affect a determination of parentage under this chapter.
new text end

new text begin (b) An individual who withdraws consent under paragraph (a) is not a parent of the child
under sections 257E.085 to 257E.092.
new text end

Sec. 83.

new text begin [257E.092] PARENTAL STATUS OF DECEASED INDIVIDUAL.
new text end

new text begin (a) If an individual who intends to be a parent of a child conceived by assisted
reproduction dies during the period between the transfer of a gamete or embryo and the
birth of the child, the individual's death does not preclude the establishment of the individual's
parentage of the child if the individual otherwise would be a parent of the child under this
chapter.
new text end

new text begin (b) If an individual who consented in a record to assisted reproduction by a woman who
agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased
individual is a parent of a child conceived by the assisted reproduction only if:
new text end

new text begin (1) either:
new text end

new text begin (A) the individual consented in a record that if assisted reproduction were to occur after
the death of the individual, the individual would be a parent of the child; or
new text end

new text begin (B) the individual's intent to be a parent of a child conceived by assisted reproduction
after the individual's death is established by clear-and-convincing evidence; and
new text end

new text begin (2) either:
new text end

new text begin (A) the embryo is in utero not later than 36 months after the individual's death; or
new text end

new text begin (B) the child is born not later than 45 months after the individual's death.
new text end

SURROGACY AGREEMENTS;
GENERAL REQUIREMENTS

Sec. 84.

new text begin [257E.093] DEFINITIONS.
new text end

new text begin For the purposes of sections 257E.093 to 257E.110:
new text end

new text begin (1) "Genetic surrogate" means a woman who is not an intended parent and who agrees
to become pregnant through assisted reproduction using her own gamete, under a genetic
surrogacy agreement as provided in sections 257E.093 to 257E.110.
new text end

new text begin (2) "Gestational surrogate" means a woman who is not an intended parent and who
agrees to become pregnant through assisted reproduction using gametes that are not her
own, under a gestational surrogacy agreement as provided in sections 257E.093 to 257E.110.
new text end

new text begin (3) "Surrogacy agreement" means an agreement between one or more intended parents
and a woman who is not an intended parent in which the woman agrees to become pregnant
through assisted reproduction and which provides that each intended parent is a parent of
a child conceived under the agreement. Unless otherwise specified, the term refers to both
a gestational surrogacy agreement and a genetic surrogacy agreement.
new text end

Sec. 85.

new text begin [257E.094] ELIGIBILITY TO ENTER GESTATIONAL OR GENETIC
SURROGACY AGREEMENT.
new text end

new text begin (a) To execute an agreement to act as a gestational or genetic surrogate, a woman must:
new text end

new text begin (1) have attained 21 years of age;
new text end

new text begin (2) previously have given birth to at least one child;
new text end

new text begin (3) complete a medical evaluation related to the surrogacy arrangement by a licensed
medical doctor;
new text end

new text begin (4) complete a mental-health consultation by a licensed mental-health professional; and
new text end

new text begin (5) have independent legal representation of her choice throughout the surrogacy
arrangement regarding the terms of the surrogacy agreement and the potential legal
consequences of the agreement.
new text end

new text begin (b) To execute a surrogacy agreement, each intended parent, whether or not genetically
related to the child, must:
new text end

new text begin (1) have attained 21 years of age;
new text end

new text begin (2) complete a medical evaluation related to the surrogacy arrangement by a licensed
medical doctor;
new text end

new text begin (3) complete a mental-health consultation by a licensed mental health professional; and
new text end

new text begin (4) have independent legal representation of the intended parent's choice throughout the
surrogacy arrangement regarding the terms of the surrogacy agreement and the potential
legal consequences of the agreement.
new text end

Sec. 86.

new text begin [257E.095] REQUIREMENTS OF GESTATIONAL OR GENETIC
SURROGACY AGREEMENT: PROCESS.
new text end

new text begin A surrogacy agreement must be executed in compliance with the following rules:
new text end

new text begin (1) At least one party must be a resident of this state or, if no party is a resident of this
state, at least one medical evaluation or procedure or mental-health consultation under the
agreement must occur in this state.
new text end

new text begin (2) A surrogate and each intended parent must meet the requirements of section 257E.094.
new text end

new text begin (3) Each intended parent, the surrogate, and the surrogate's spouse, if any, must be parties
to the agreement.
new text end

new text begin (4) The agreement must be in a record signed by each party listed in clause (3).
new text end

new text begin (5) The surrogate and each intended parent must acknowledge in a record receipt of a
copy of the agreement.
new text end

new text begin (6) The signature of each party to the agreement must be attested by a notarial officer
or witnessed.
new text end

new text begin (7) The surrogate and the intended parent or parents must have independent legal
representation throughout the surrogacy arrangement regarding the terms of the surrogacy
agreement and the potential legal consequences of the agreement, and each counsel must
be identified in the surrogacy agreement.
new text end

new text begin (8) The intended parent or parents must pay for independent legal representation for the
surrogate.
new text end

new text begin (9) The agreement must be executed before a medical procedure occurs related to the
surrogacy agreement, other than the medical evaluation and mental health consultation
required by section 257E.094.
new text end

Sec. 87.

new text begin [257E.096] REQUIREMENTS OF GESTATIONAL OR GENETIC
SURROGACY AGREEMENT: CONTENT.
new text end

new text begin (a) A surrogacy agreement must comply with the following requirements:
new text end

new text begin (1) A surrogate agrees to attempt to become pregnant by means of assisted reproduction.
new text end

new text begin (2) Except as otherwise provided in sections 257E.103, 257E.106, and 257E.107, the
surrogate and the surrogate's spouse or former spouse, if any, have no claim to parentage
of a child conceived by assisted reproduction under the agreement.
new text end

new text begin (3) The surrogate's spouse, if any, must acknowledge and agree to comply with the
obligations imposed on the surrogate by the agreement.
new text end

new text begin (4) Except as otherwise provided in sections 257E.103, 257E.106, and 257E.107, the
intended parent or, if there are two intended parents, each one jointly and severally,
immediately on birth will be the exclusive parent or parents of the child, regardless of
number of children born or gender or mental or physical condition of each child.
new text end

new text begin (5) Except as otherwise provided in sections 257E.103, 257E.106, and 257E.107, the
intended parent or, if there are two intended parents, each parent jointly and severally,
immediately on birth will assume responsibility for the financial support of the child,
regardless of number of children born or gender or mental or physical condition of each
child.
new text end

new text begin (6) The agreement must include information disclosing how each intended parent will
cover the surrogacy-related expenses of the surrogate and the medical expenses of the child.
If health-care coverage is used to cover the medical expenses, the disclosure must include
a summary of the health-care policy provisions related to coverage for surrogate pregnancy,
including any possible liability of the surrogate, third-party-liability liens, other insurance
coverage, and any notice requirement that could affect coverage or liability of the surrogate.
Unless the agreement expressly provides otherwise, the review and disclosure do not
constitute legal advice. If the extent of coverage is uncertain, a statement of that fact is
sufficient to comply with this clause.
new text end

new text begin (7) The agreement must permit the surrogate to make all health and welfare decisions
regarding herself and her pregnancy. This chapter does not enlarge or diminish the surrogate's
right to terminate her pregnancy.
new text end

new text begin (8) The agreement must include information about each party's right under sections
257E.093 to 257E.110 to terminate the surrogacy agreement.
new text end

new text begin (b) A surrogacy agreement may provide for:
new text end

new text begin (1) payment of consideration and reasonable expenses; and
new text end

new text begin (2) reimbursement of specific expenses if the agreement is terminated under sections
257E.093 to 257E.110.
new text end

new text begin (c) A right created under a surrogacy agreement is not assignable and there is no
third-party beneficiary of the agreement other than the child.
new text end

Sec. 88.

new text begin [257E.097] SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT
CHANGE OF MARITAL STATUS.
new text end

new text begin (a) Unless a surrogacy agreement expressly provides otherwise:
new text end

new text begin (1) the marriage of a surrogate after the agreement is signed by all parties does not affect
the validity of the agreement, her spouse's consent to the agreement is not required, and her
spouse is not a presumed parent of a child conceived by assisted reproduction under the
agreement; and
new text end

new text begin (2) the divorce, dissolution, annulment, declaration of invalidity, legal separation, or
separate maintenance of the surrogate after the agreement is signed by all parties does not
affect the validity of the agreement.
new text end

new text begin (b) Unless a surrogacy agreement expressly provides otherwise:
new text end

new text begin (1) the marriage of an intended parent after the agreement is signed by all parties does
not affect the validity of a surrogacy agreement, the consent of the spouse of the intended
parent is not required, and the spouse of the intended parent is not, based on the agreement,
a parent of a child conceived by assisted reproduction under the agreement; and
new text end

new text begin (2) the divorce, dissolution, annulment, declaration of invalidity, legal separation, or
separate maintenance of an intended parent after the agreement is signed by all parties does
not affect the validity of the agreement and, except as otherwise provided in section
257E.106, the intended parents are the parents of the child.
new text end

Sec. 89.

new text begin [257E.098] INSPECTION OF DOCUMENTS.
new text end

new text begin Unless the court orders otherwise, a petition and any other document related to a
surrogacy agreement filed with the court under sections 257E.093 to 257E.099 are not open
to inspection by any individual other than the parties to the proceeding, a child conceived
by assisted reproduction under the agreement, their attorneys, and the relevant state agency.
A court may not authorize an individual to inspect a document related to the agreement,
unless required by exigent circumstances. The individual seeking to inspect the document
may be required to pay the expense of preparing a copy of the document to be inspected.
new text end

Sec. 90.

new text begin [257E.099] EXCLUSIVE, CONTINUING JURISDICTION.
new text end

new text begin During the period after the execution of a surrogacy agreement until 90 days after the
birth of a child conceived by assisted reproduction under the agreement, a court of this state
conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all
matters arising out of the agreement. This section does not give the court jurisdiction over
a child-custody or child-support proceeding if jurisdiction is not otherwise authorized by
law of this state other than this chapter.
new text end

SURROGACY AGREEMENTS;
SPECIAL RULES FOR GESTATIONAL SURROGACY AGREEMENT

Sec. 91.

new text begin [257E.10] TERMINATION OF GESTATIONAL SURROGACY
AGREEMENT.
new text end

new text begin (a) A party to a gestational surrogacy agreement may terminate the agreement, at any
time before an embryo transfer, by giving notice of termination in a record to all other
parties. If an embryo transfer does not result in a pregnancy, a party may terminate the
agreement at any time before a subsequent embryo transfer.
new text end

new text begin (b) Unless a gestational surrogacy agreement provides otherwise, on termination of the
agreement under paragraph (a), the parties are released from the agreement, except that
each intended parent remains responsible for expenses that are reimbursable under the
agreement and incurred by the gestational surrogate through the date of termination.
new text end

new text begin (c) Except in a case involving fraud, neither a gestational surrogate nor the surrogate's
spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or
liquidated damages, for terminating a gestational surrogacy agreement under this section.
new text end

Sec. 92.

new text begin [257E.101] PARENTAGE UNDER GESTATIONAL SURROGACY
AGREEMENT.
new text end

new text begin (a) Except as otherwise provided in paragraph (c) or section 257E.102, paragraph (b),
or 257E.104, on birth of a child conceived by assisted reproduction under a gestational
surrogacy agreement, each intended parent is, by operation of law, a parent of the child.
new text end

new text begin (b) Except as otherwise provided in paragraph (c) or section 257E.104, neither a
gestational surrogate nor the surrogate's spouse or former spouse, if any, is a parent of the
child.
new text end

new text begin (c) If a child is alleged to be a genetic child of the woman who agreed to be a gestational
surrogate, the court shall order genetic testing of the child. If the child is a genetic child of
the woman who agreed to be a gestational surrogate, parentage must be determined based
on sections 257E.01 to 257E.084.
new text end

new text begin (d) Except as otherwise provided in paragraph (c) or section 257E.102, paragraph (b),
or 257E.104, if, due to a clinical or laboratory error, a child conceived by assisted
reproduction under a gestational surrogacy agreement is not genetically related to an intended
parent or a donor who donated to the intended parent or parents, each intended parent, and
not the gestational surrogate and the surrogate's spouse or former spouse, if any, is a parent
of the child, subject to any other claim of parentage.
new text end

Sec. 93.

new text begin [257E.102] GESTATIONAL SURROGACY AGREEMENT: PARENTAGE
OF DECEASED INTENDED PARENT.
new text end

new text begin (a) Section 257E.101 applies to an intended parent even if the intended parent died
during the period between the transfer of a gamete or embryo and the birth of the child.
new text end

new text begin (b) Except as otherwise provided in section 257E.104, an intended parent is not a parent
of a child conceived by assisted reproduction under a gestational surrogacy agreement if
the intended parent dies before the transfer of a gamete or embryo unless:
new text end

new text begin (1) the agreement provides otherwise; and
new text end

new text begin (2) the transfer of a gamete or embryo occurs not later than 36 months after the death
of the intended parent or birth of the child occurs not later than 45 months after the death
of the intended parent.
new text end

Sec. 94.

new text begin [257E.103] GESTATIONAL SURROGACY AGREEMENT: ORDER OF
PARENTAGE.
new text end

new text begin (a) Except as otherwise provided in sections 257E.101, paragraph (c), or 257E.104,
before, on, or after the birth of a child conceived by assisted reproduction under a gestational
surrogacy agreement, a party to the agreement may commence a proceeding in the district
court for an order or judgment:
new text end

new text begin (1) declaring that each intended parent is a parent of the child and ordering that parental
rights and duties vest immediately on the birth of the child exclusively in each intended
parent;
new text end

new text begin (2) declaring that the gestational surrogate and the surrogate's spouse or former spouse,
if any, are not the parents of the child;
new text end

new text begin (3) designating the content of the birth record in accordance with applicable law and
directing the Office of Vital Records of the Department of Health to designate each intended
parent as a parent of the child;
new text end

new text begin (4) to protect the privacy of the child and the parties, declaring that the court record is
not open to inspection except as authorized under section 257E.098;
new text end

new text begin (5) if necessary, that the child be surrendered to the intended parent or parents; and
new text end

new text begin (6) for other relief the court determines necessary and proper.
new text end

new text begin (b) The court may issue an order or judgment under paragraph (a) before the birth of
the child. The court shall stay enforcement of the order or judgment until the birth of the
child.
new text end

new text begin (c) Neither this state nor the Office of Vital Records of the Department of Health is a
necessary party to a proceeding under paragraph (a).
new text end

Sec. 95.

new text begin [257E.104] EFFECT OF GESTATIONAL SURROGACY AGREEMENT.
new text end

new text begin (a) A gestational surrogacy agreement that complies with sections 257E.094 to 257E.096
is enforceable.
new text end

new text begin (b) If a child was conceived by assisted reproduction under a gestational surrogacy
agreement that does not comply with sections 257E.094 to 257E.096, the court shall
determine the rights and duties of the parties to the agreement consistent with the intent of
the parties at the time of execution of the agreement. Each party to the agreement and any
individual who at the time of the execution of the agreement was a spouse of a party to the
agreement has standing to maintain a proceeding to adjudicate an issue related to the
enforcement of the agreement.
new text end

new text begin (c) Except as expressly provided in a gestational surrogacy agreement or paragraph (d)
or (e), if the agreement is breached by the gestational surrogate or one or more intended
parents, the non-breaching party is entitled to the remedies available at law or in equity.
new text end

new text begin (d) Specific performance is not a remedy available for breach by a gestational surrogate
of a provision in the agreement that the gestational surrogate be impregnated, terminate or
not terminate a pregnancy, or submit to medical procedures.
new text end

new text begin (e) Except as otherwise provided in paragraph (d), if an intended parent is determined
to be a parent of the child, specific performance is a remedy available for:
new text end

new text begin (1) breach of the agreement by a gestational surrogate which prevents the intended parent
from exercising immediately on birth of the child the full rights of parentage; or
new text end

new text begin (2) breach by the intended parent which prevents the intended parent's acceptance,
immediately on birth of the child conceived by assisted reproduction under the agreement,
of the duties of parentage.
new text end

SURROGACY AGREEMENTS;
SPECIAL RULES FOR GENETIC SURROGACY AGREEMENT

Sec. 96.

new text begin [257E.105] REQUIREMENTS TO VALIDATE GENETIC SURROGACY
AGREEMENT.
new text end

new text begin (a) Except as otherwise provided in section 257E.108, to be enforceable, a genetic
surrogacy agreement must be validated by the district court. A proceeding to validate the
agreement must be commenced before assisted reproduction related to the surrogacy
agreement.
new text end

new text begin (b) The court shall issue an order validating a genetic surrogacy agreement if the court
finds that:
new text end

new text begin (1) sections 257E.094 to 257E.096 are satisfied; and
new text end

new text begin (2) all parties entered into the agreement voluntarily and understand its terms.
new text end

new text begin (c) An individual who terminates under section 257E.106 a genetic surrogacy agreement
shall file notice of the termination with the court. On receipt of the notice, the court shall
vacate any order issued under paragraph (b). An individual who does not notify the court
of the termination of the agreement is subject to sanctions.
new text end

Sec. 97.

new text begin [257E.106] TERMINATION OF GENETIC SURROGACY AGREEMENT.
new text end

new text begin (a) A party to a genetic surrogacy agreement may terminate the agreement as follows:
new text end

new text begin (1) An intended parent who is a party to the agreement may terminate the agreement at
any time before a gamete or embryo transfer by giving notice of termination in a record to
all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may
terminate the agreement at any time before a subsequent gamete or embryo transfer. The
notice of termination must be attested by a notarial officer or witnessed.
new text end

new text begin (2) A genetic surrogate who is a party to the agreement may withdraw consent to the
agreement any time before 72 hours after the birth of a child conceived by assisted
reproduction under the agreement. To withdraw consent, the genetic surrogate must execute
a notice of termination in a record stating the surrogate's intent to terminate the agreement.
The notice of termination must be attested by a notarial officer or witnessed and be delivered
to each intended parent any time before 72 hours after the birth of the child.
new text end

new text begin (b) On termination of the genetic surrogacy agreement under paragraph (a), the parties
are released from all obligations under the agreement except that each intended parent
remains responsible for all expenses incurred by the surrogate through the date of termination
which are reimbursable under the agreement. Unless the agreement provides otherwise, the
surrogate is not entitled to any non-expense related compensation paid for serving as a
surrogate.
new text end

new text begin (c) Except in a case involving fraud, neither a genetic surrogate nor the surrogate's spouse
or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated
damages, for terminating a genetic surrogacy agreement under this section.
new text end

Sec. 98.

new text begin [257E.107] PARENTAGE UNDER VALIDATED GENETIC SURROGACY
AGREEMENT.
new text end

new text begin (a) Unless a genetic surrogate exercises the right under section 257E.106 to terminate
a genetic surrogacy agreement, each intended parent is a parent of a child conceived by
assisted reproduction under an agreement validated under section 257E.105.
new text end

new text begin (b) Unless a genetic surrogate exercises the right under section 257E.106 to terminate
the genetic surrogacy agreement, on proof of a court order issued under section 257E.105
validating the agreement, the court shall make an order:
new text end

new text begin (1) declaring that each intended parent is a parent of a child conceived by assisted
reproduction under the agreement and ordering that parental rights and duties vest exclusively
in each intended parent;
new text end

new text begin (2) declaring that the gestational surrogate and the surrogate's spouse or former spouse,
if any, are not parents of the child;
new text end

new text begin (3) designating the contents of the birth certificate in accordance with [cite to applicable
law of the state other than this chapter] and directing the Office of Vital Records of the
Department of Health to designate each intended parent as a parent of the child;
new text end

new text begin (4) to protect the privacy of the child and the parties, declaring that the court record is
not open to inspection except as authorized under section 257E.098;
new text end

new text begin (5) if necessary, that the child be surrendered to the intended parent or parents; and
new text end

new text begin (6) for other relief the court determines necessary and proper.
new text end

new text begin (c) If a genetic surrogate terminates under section 257E.106, paragraph (a), clause (2)
a genetic surrogacy agreement, parentage of the child conceived by assisted reproduction
under the agreement must be determined under sections 257E.01 to 257E.084.
new text end

new text begin (d) If a child born to a genetic surrogate is alleged not to have been conceived by assisted
reproduction, the court shall order genetic testing to determine the genetic parentage of the
child. If the child was not conceived by assisted reproduction, parentage must be determined
under sections 257E.01 to 257E.084. Unless the genetic surrogacy agreement provides
otherwise, if the child was not conceived by assisted reproduction the surrogate is not entitled
to any non-expense related compensation paid for serving as a surrogate.
new text end

new text begin (e) Unless a genetic surrogate exercises the right under section 257E.106 to terminate
the genetic surrogacy agreement, if an intended parent fails to file notice required under
section 257E.106, paragraph (a), the genetic surrogate or the appropriate state agency may
file with the court, not later than 60 days after the birth of a child conceived by assisted
reproduction under the agreement, notice that the child has been born to the genetic surrogate.
Unless the genetic surrogate has properly exercised the right under section 257E.106 to
withdraw consent to the agreement, on proof of a court order issued under section 257E.105
validating the agreement, the court shall order that each intended parent is a parent of the
child.
new text end

Sec. 99.

new text begin [257E.108] EFFECT OF NONVALIDATED GENETIC SURROGACY
AGREEMENT.
new text end

new text begin (a) A genetic surrogacy agreement, whether or not in a record, that is not validated under
section 257E.105 is enforceable only to the extent provided in this section and section
257E.110.
new text end

new text begin (b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted
reproduction has occurred but before the birth of a child conceived by assisted reproduction
under the agreement.
new text end

new text begin (c) If a child conceived by assisted reproduction under a genetic surrogacy agreement
that is not validated under section 257E.105 is born and the genetic surrogate, consistent
with section 257E.057, paragraph (a), clause (2), withdraws her consent to the agreement
before 72 hours after the birth of the child, the court shall adjudicate the parentage of the
child under sections 257E.01 to 257E.084.
new text end

new text begin (d) If a child conceived by assisted reproduction under a genetic surrogacy agreement
that is not validated under section 257E.105 is born and a genetic surrogate does not withdraw
her consent to the agreement, consistent with section 257E.106, paragraph (a), clause (2),
before 72 hours after the birth of the child, the genetic surrogate is not automatically a parent
and the court shall adjudicate parentage of the child based on the best interest of the child,
taking into account the factors in section 257E.074, paragraph (a), and the intent of the
parties at the time of the execution of the agreement.
new text end

new text begin (e) The parties to a genetic surrogacy agreement have standing to maintain a proceeding
to adjudicate parentage under this section.
new text end

Sec. 100.

new text begin [257E.109] GENETIC SURROGACY AGREEMENT: PARENTAGE OF
DECEASED INTENDED PARENT.
new text end

new text begin (a) Except as otherwise provided in section 257E.107 or 257E.108, on birth of a child
conceived by assisted reproduction under a genetic surrogacy agreement, each intended
parent is, by operation of law, a parent of the child, notwithstanding the death of an intended
parent during the period between the transfer of a gamete or embryo and the birth of the
child.
new text end

new text begin (b) Except as otherwise provided in section 257E.107 or 257E.108, an intended parent
is not a parent of a child conceived by assisted reproduction under a genetic surrogacy
agreement if the intended parent dies before the transfer of a gamete or embryo unless:
new text end

new text begin (1) the agreement provides otherwise; and
new text end

new text begin (2) the transfer of the gamete or embryo occurs not later than 36 months after the death
of the intended parent, or birth of the child occurs not later than 45 months after the death
of the intended parent.
new text end

Sec. 101.

new text begin [257E.110] BREACH OF GENETIC SURROGACY AGREEMENT.
new text end

new text begin (a) Subject to section 257E.106, paragraph (b), if a genetic surrogacy agreement is
breached by a genetic surrogate or one or more intended parents, the non-breaching party
is entitled to the remedies available at law or in equity.
new text end

new text begin (b) Specific performance is not a remedy available for breach by a genetic surrogate of
a requirement of a validated or non-validated genetic surrogacy agreement that the surrogate
be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures.
new text end

new text begin (c) Except as otherwise provided in paragraph (b), specific performance is a remedy
available for:
new text end

new text begin (1) breach of a validated genetic surrogacy agreement by a genetic surrogate of a
requirement which prevents an intended parent from exercising the full rights of parentage
72 hours after the birth of the child; or
new text end

new text begin (2) breach by an intended parent which prevents the intended parent's acceptance of
duties of parentage 72 hours after the birth of the child.
new text end

INFORMATION ABOUT DONOR

Sec. 102.

new text begin [257E.111] DEFINITIONS.
new text end

new text begin For the purposes of sections 257E.111 to 257E.115:
new text end

new text begin (1) "Identifying information" means:
new text end

new text begin (A) the full name of a donor;
new text end

new text begin (B) the date of birth of the donor; and
new text end

new text begin (C) the permanent and, if different, current address, telephone number, and electronic
email address of the donor at the time of the donation.
new text end

new text begin (2) "Medical history" means information regarding any:
new text end

new text begin (A) present illness of a donor;
new text end

new text begin (B) past illness of the donor; and
new text end

new text begin (C) social, genetic, and family history pertaining to the health of the donor.
new text end

Sec. 103.

new text begin [257E.112] APPLICABILITY.
new text end

new text begin Sections 257E.111 to 257E.115 apply only to gametes collected on or after the effective
date of this chapter.
new text end

Sec. 104.

new text begin [257E.113] COLLECTION OF INFORMATION.
new text end

new text begin (a) A gamete bank or fertility clinic licensed in this state shall collect from a donor the
donor's identifying information and medical history at the time of the donation.
new text end

new text begin (b) A gamete bank or fertility clinic licensed in this state which receives gametes of a
donor collected by another gamete bank or fertility clinic shall collect the name, address,
telephone number, and electronic mail address of the gamete bank or fertility clinic from
which it received the gametes.
new text end

new text begin (c) A gamete bank or fertility clinic licensed in this state shall disclose the information
collected under paragraphs (a) and (b) as provided under section 257E.114.
new text end

Sec. 105.

new text begin [257E.114] DISCLOSURE OF IDENTIFYING INFORMATION AND
MEDICAL HISTORY.
new text end

new text begin (a) On request of a child conceived by assisted reproduction who attains 18 years of age,
a gamete bank or fertility clinic licensed in this state which collected the gametes used in
the assisted reproduction shall provide the child with identifying information of the donor
who provided the gametes.
new text end

new text begin (b) Regardless whether a child has made a request under paragraph (a), on request of a
child conceived by assisted reproduction who attains 18 years of age, or, if the child is a
minor, of a parent or guardian of the child, a gamete bank or fertility clinic licensed in this
state which collected the gametes used in the assisted reproduction shall provide the child
or, if the child is a minor, the parent or guardian of the child, access to nonidentifying
medical history of the donor.
new text end

new text begin (c) On request of a child conceived by assisted reproduction who attains 18 years of age,
or, if the child is a minor, of a parent or guardian of the child, a gamete bank or fertility
clinic licensed in this state which received the gametes used in the assisted reproduction
from another gamete bank or fertility clinic shall disclose to the child or, if the child is a
minor, the parent or guardian of the child, the name, address, telephone number, and
electronic mail address of the gamete bank or fertility clinic from which it received the
gametes.
new text end

Sec. 106.

new text begin [257E.115] RECORDKEEPING.
new text end

new text begin (a) A gamete bank or fertility clinic licensed in this state which collects gametes for use
in assisted reproduction shall maintain identifying information and medical history about
each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete
screening and testing and comply with reporting requirements, in accordance with federal
law and applicable law of this state other than this chapter.
new text end

new text begin (b) A gamete bank or fertility clinic licensed in this state that receives gametes from
another gamete bank or fertility clinic shall maintain the name, address, telephone number,
and electronic mail address of the gamete bank or fertility clinic from which it received the
gametes.
new text end

MISCELLANEOUS PROVISIONS

Sec. 107.

new text begin [257E.116] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end

new text begin In applying and construing this uniform act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
new text end

Sec. 108.

new text begin [257E.117] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT.
new text end

new text begin This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
National Commerce Act, United States Code, title 15, section 7001 et seq., but does not
modify limit, or supersede Section 101(c) of that act, United States Code, title 15, section
7001(c), or authorize electronic delivery of any of the notices described in Section 103(b)
of that act, United States Code, title 15, section 7003(b).
new text end

Sec. 109.

new text begin [257E.118] TRANSITIONAL PROVISION.
new text end

new text begin This chapter applies to a pending proceeding to adjudicate parentage commenced before
the effective date of this chapter for an issue on which a judgment has not been entered.
new text end

Sec. 110.

new text begin [257E.119] SEVERABILITY.
new text end

new text begin If any provision of this chapter or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of this chapter which
can be given effect without the invalid provision or application, and to this end the provisions
of this chapter are severable.
new text end

Sec. 111. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall correct any cross-references made necessary as a result of
this act and shall make any grammatical changes necessary to preserve the meaning of the
text.
new text end

Sec. 112. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 257.51; 257.52; 257.53; 257.54; 257.541; 257.55;
257.56; 257.57; 257.58; 257.59; 257.60; 257.61; 257.62, subdivisions 1, 2, 3, 5, and 6;
257.63; 257.64; 257.65; 257.651; 257.66; 257.67; 257.68; 257.69; 257.70; 257.71; 257.72;
257.73; and 257.74, new text end new text begin are repealed.
new text end

Sec. 113. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 112 are effective August 1, 2024.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06452

257.51 CITATION.

Sections 257.51 to 257.74 may be cited as the Parentage Act.

257.52 PARENT AND CHILD RELATIONSHIP DEFINED.

As used in sections 257.51 to 257.74, "parent and child relationship" means the legal relationship existing between a child and the child's biological or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.

257.53 RELATIONSHIP NOT DEPENDENT ON MARRIAGE.

The parent and child relationship may exist regardless of the marital status of the parents.

257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED.

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.

257.541 CUSTODY AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF MARRIAGE.

Subdivision 1.

Mother's right to custody.

The biological 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.

Subd. 2.

Father's right to parenting time and custody.

(a) If paternity has been acknowledged under section 257.34 and paternity has been established under sections 257.51 to 257.74, the father's rights of parenting time or custody are determined under sections 518.17 and 518.175.

(b) If paternity has not been acknowledged under section 257.34 and paternity has been established under sections 257.51 to 257.74, the biological father may petition for rights of parenting time or custody in the paternity proceeding or in a separate proceeding under section 518.156.

Subd. 3.

Father's right to parenting time and custody; recognition of paternity.

If paternity has been recognized under section 257.75, the father may petition for rights of parenting time or custody in an independent action under section 518.156. The proceeding must be treated as an initial determination of custody under section 518.17. The provisions of chapter 518 apply with respect to the granting of custody and parenting time. An action to determine custody and parenting time may be commenced pursuant to chapter 518 without an adjudication of parentage. These proceedings may not be combined with any proceeding under chapter 518B.

257.55 PRESUMPTION OF PATERNITY.

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 records;

(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 records. 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; or

(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 age.

Subd. 2.

Rebuttal.

A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

257.56 ARTIFICIAL INSEMINATION.

Subdivision 1.

Husband treated as biological father.

If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the biological father of a child thereby conceived. The husband's consent must be in writing and signed by him and his wife. The consent must be retained by the physician for at least four years after the confirmation of a pregnancy that occurs during the process of artificial insemination.

All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.

Subd. 2.

Donor not treated as biological father.

The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if he were not the biological father of a child thereby conceived.

257.57 DETERMINATION OF FATHER AND CHILD RELATIONSHIP; WHO MAY BRING ACTION; WHEN ACTION MAY BE BROUGHT.

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:

(1) 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

(2) 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.

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 sections 257.55, subdivision 1, paragraph (d), (e), (g), or (h), and 257.62, subdivision 5, paragraph (b), or the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, clause (d);

(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 257.62, subdivision 5, paragraph (b), 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.

Subd. 3.

Action regarding child with no presumed father under section 257.55.

An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 257.55 may be brought by 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.

Subd. 4.

Effect of agreement by mother and alleged or presumed father.

Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with section 257.64, between an alleged or presumed father and the mother, does not bar an action under this section by the child or the public authority chargeable by law with the support of the child.

Subd. 5.

Action brought before birth of child.

If an action under this section is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.

Subd. 6.

Adopted child.

If the child has been adopted, an action may not be brought.

257.58 LIMITATION OF ACTIONS; EXCEPTIONS.

Subdivision 1.

Actions for children without a presumed father.

Except as otherwise provided in section 259.52, an action to determine the existence of the father and child relationship as to a child who has no presumed father under section 257.55 is not barred until one year after the child reaches the age of majority.

Subd. 2.

Heirship.

Section 257.57 and this section do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise.

257.59 JURISDICTION; VENUE.

Subdivision 1.

Court jurisdiction.

The district court has jurisdiction of an action brought under sections 257.51 to 257.74. The action may be joined with an action for dissolution, annulment, legal separation, custody under chapter 518, or reciprocal enforcement of support.

Subd. 2.

Acquisition of personal jurisdiction.

In addition to any other method provided by rule or statute, personal jurisdiction may be acquired by service in accordance with section 543.19.

Subd. 3.

Venue.

The action may be brought in the county in which the child or the defendant resides or is found or, if the defendant is deceased, in which proceedings for probate of the defendant's estate have been or could be commenced.

257.60 PARTIES.

The child may be made a party to the action. If the child is a minor and is made a party, a general guardian or a guardian ad litem shall be appointed by the court to represent the child. The child's mother or father may not represent the child as guardian or otherwise. The biological mother, each man presumed to be the father under section 257.55, and each man alleged to be the biological father, shall be made parties or, if not subject to the jurisdiction of the court, shall be given notice of the action in a manner prescribed by the court and shall be given an opportunity to be heard. The public agency responsible for support enforcement is joined as a party in each case in which rights are assigned under section 256.741, and in each case in which the public agency is providing services pursuant to an application for child support services. A person who may bring an action under section 257.57 may be made a party to the action. The court may align the parties. The child shall be made a party whenever:

(1) the child is a minor and the case involves a compromise under section 257.64, subdivision 1, or a lump-sum payment under section 257.66, subdivision 4, in which case the commissioner of human services shall also be made a party subject to Department of Human Services rules relating to paternity suit settlements; or

(2) the child is a minor and the action is to declare the nonexistence of the father and child relationship; or

(3) an action to declare the existence of the father and child relationship is brought by a man presumed to be the father under section 257.55, or a man who alleges to be the father, and the mother of the child denies the existence of the father and child relationship.

257.61 PRETRIAL PROCEEDINGS.

As soon as practicable, after an action to declare the existence or nonexistence of the father and child relationship has been brought, a pretrial hearing shall be held in accordance with the Rules of Civil Procedure. The public shall be barred from the hearing. A record of the proceeding or any portion thereof shall be kept if any party requests, or the court so orders.

257.62 BLOOD AND GENETIC TESTS.

Subdivision 1.

Blood or genetic tests required.

(a) The court or public authority may, and upon request of a party shall, require the child, mother, or alleged father to submit to blood or genetic tests. A mother or alleged father requesting the tests shall file with the court an affidavit either alleging or denying paternity and setting forth facts that establish the reasonable possibility that there was, or was not, the requisite sexual contact between the parties.

(b) A copy of the test results must be served on each party by first class mail to the party's last known address. Any objection to the results of blood or genetic tests must be made in writing no later than 30 days after service of the results. Test results served upon a party must include notice of this right to object.

(c) If the alleged father is dead, the court may, and upon request of a party shall, require the decedent's parents or brothers and sisters or both to submit to blood or genetic tests. However, in a case involving these relatives of an alleged father, who is deceased, the court may refuse to order blood or genetic tests if the court makes an express finding that submitting to the tests presents a danger to the health of one or more of these relatives that outweighs the child's interest in having the tests performed. Unless the person gives consent to the use, the results of any blood or genetic tests of the decedent's parents, brothers, or sisters may be used only to establish the right of the child to public assistance including but not limited to Social Security and veterans' benefits. The tests shall be performed by a qualified expert appointed by the court.

Subd. 2.

Additional testing.

Unless otherwise agreed by the parties, a party wanting additional testing must first contest the original tests in subdivision 1, paragraph (b), and must pay in advance for the additional testing. The additional testing must be performed by another qualified expert.

Subd. 3.

Experts qualifications.

In all cases, the court shall determine the number and qualifications of the experts.

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 518A. 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, there is an evidentiary presumption that the alleged father is the biological father 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.

(c) A determination under this subdivision that the alleged father is the biological father does not preclude the adjudication of another man as the legal father under section 257.55, subdivision 2, nor does it allow the donor of genetic material for assisted reproduction for the benefit of a recipient parent, whether sperm or ovum (egg), to claim to be the child's biological or legal parent.

Subd. 6.

Tests, evidence admissible.

In any hearing brought under subdivision 5, a certified report of the facts and results of a laboratory analysis or examination of blood or genetic tests, that is performed in a laboratory accredited to meet the Standards for Parentage Testing of the American Association of Blood Banks and is prepared and attested by a qualified expert appointed by the court, shall be admissible in evidence without proof of the seal, signature, or official character of the person whose name is signed to it. If no objection is made, the blood or genetic test results are admissible as evidence without the need for foundation testimony or other proof of authenticity or accuracy.

257.63 EVIDENCE RELATING TO PATERNITY.

Subdivision 1.

Included evidence.

Evidence relating to paternity may include:

(1) evidence of sexual intercourse between the mother and alleged father at any possible time of conception;

(2) an expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy;

(3) genetic and blood test results, weighed in accordance with evidence, if available, of the statistical probability of the alleged father's paternity;

(4) medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon request of a party shall, require the child, the mother, and the man to submit to appropriate tests; and

(5) all other evidence relevant to the issue of paternity of the child.

Subd. 2.

Compelled testimony.

Upon refusal of a witness, including a party, to testify under oath or produce evidence, the court may order the party to testify under oath and produce evidence concerning all relevant facts. No testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case, except for perjury committed in the testimony. The refusal of a witness, who has been granted immunity, to obey an order to testify or produce evidence is subject to the sanctions within the jurisdiction of the court.

Subd. 3.

Medical privilege.

Testimony of a physician, an advanced practice registered nurse, or a physician assistant concerning the medical circumstances of the pregnancy itself and the condition and characteristics of the child upon birth is not privileged.

257.64 PRETRIAL ORDERS AND RECOMMENDATIONS.

Subdivision 1.

Permissible orders and recommendations.

On the basis of the information produced at the pretrial hearing, including information as to the financial status of the parties, the court may:

(a) recommend that the alleged father voluntarily acknowledge his paternity of the child if the parties have agreed on a financial settlement; or

(b) recommend that the matter be compromised by an agreement among the alleged father, the mother, and the child, in which the father and child relationship is not determined but in which a defined economic obligation is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the court. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the court shall consider the best interest of the child, in the light of the applicable factors enumerated in section 518.17, subdivision 3, discounted by the improbability, as it appears to the court, of establishing the alleged father's paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father's identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on him. The child, on reaching 21 years of age or older, may petition the court to disclose the alleged father's identity. The court shall grant the petition if after considering the interests of all known persons involved, the court determines that disclosure of the information would be of greater benefit than nondisclosure.

Subd. 2.

Agreement with recommendations.

If the parties accept a recommendation made in accordance with subdivision 1, judgment shall be entered accordingly. The court shall advise all parties that pretrial recommendations are not binding and will have no effect if the recommendation is disregarded and the matter is set for trial.

Subd. 3.

Refusal to agree with recommendations.

If a party refuses to accept a recommendation made under subdivision 1 and blood or genetic tests have not been taken, the court shall require the parties to submit to blood or genetic tests. If a party refuses to accept the final recommendation the action shall be set for trial.

Subd. 4.

Guardian ad litem.

The guardian ad litem may accept or refuse to accept a recommendation under this section.

Subd. 5.

Setting action for trial.

The informal hearing may be terminated and the action set for trial if the court finds it unlikely that all parties would accept a recommendation made under subdivision 1 or 3.

257.65 CIVIL ACTION.

An action under sections 257.51 to 257.74 is a civil action governed by the Rules of Civil Procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Sections 257.62 and 257.63 apply to proceedings under this section.

257.651 DEFAULT ORDER OF PARENTAGE.

In an action to determine the existence of the father and child relationship under sections 257.51 to 257.74, if the alleged father fails to appear at a hearing after service duly made and proved, the court shall enter a default judgment or order of paternity.

257.66 JUDGMENT OR ORDER.

Subdivision 1.

Determinative.

The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.

Subd. 2.

New birth record.

If the judgment or order of the court is at variance with the child's birth record, the court shall order that a new birth record be issued under section 257.73.

Subd. 3.

Judgment; order.

The judgment or order shall contain provisions concerning the duty of support, the custody of the child, the name of the child, the Social Security number of the mother, father, and child, if known at the time of adjudication, parenting time with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. Custody and parenting time and all subsequent motions related to them shall proceed and be determined under section 257.541. The remaining matters and all subsequent motions related to them shall proceed and be determined in accordance with chapters 518 and 518A. The judgment or order may direct the appropriate party to pay all or a proportion of the reasonable expenses of the mother's pregnancy and confinement, including the mother's lost wages due to medical necessity, after consideration of the relevant facts, including the relative financial means of the parents; the earning ability of each parent; and any health insurance policies held by either parent, or by a spouse or parent of the parent, which would provide benefits for the expenses incurred by the mother during her pregnancy and confinement. Pregnancy and confinement expenses and genetic testing costs, submitted by the public authority, are admissible as evidence without third-party foundation testimony and constitute prima facie evidence of the amounts incurred for those services or for the genetic testing. Remedies available for the collection and enforcement of child support apply to confinement costs and are considered additional child support.

Subd. 4.

Statute of limitations.

Support judgments or orders ordinarily shall be for periodic payments which may vary in amount. In the best interest of the child, a lump-sum payment may be ordered in lieu of periodic payments of support. The court shall limit the parent's liability for past support of the child to the proportion of the expenses that the court deems just, which were incurred in the two years immediately preceding the commencement of the action. In determining the amount of the parent's liability for past support, the court may deviate downward from the guidelines if:

(1) the child for whom child support is sought is more than five years old and the obligor discovered or was informed of the existence of the parent and child relationship within one year of commencement of the action seeking child support;

(2) the obligor is a custodian for or pays support for other children; and

(3) the obligor's family income is less than 175 percent of the federal poverty level.

Subd. 5.

Entry of judgment.

Any order for support or maintenance issued under this section shall provide for a conspicuous notice that, if the obligor fails to make a support payment, the payment owed becomes a judgment by operation of law on and after the date the payment is due and the obligee or a public agency responsible for support enforcement may obtain entry and docketing of the judgment for the unpaid amounts under the provisions of section 548.091.

Subd. 6.

Required information.

Upon entry of judgment or order, each parent who is a party in a paternity proceeding shall:

(1) file with the public authority responsible for child support enforcement the party's Social Security number, residential and mailing address, telephone number, driver's license number, and name, address, and telephone number of any employer if the party is receiving services from the public authority or begins receiving services from the public authority;

(2) file the information in clause (1) with the district court; and

(3) notify the court and, if applicable, the public authority responsible for child support enforcement of any change in the information required under this section within ten days of the change.

257.67 ENFORCEMENT OF JUDGMENT OR ORDER.

Subdivision 1.

Who may enforce; determinations from other states.

If existence of the parent and child relationship is declared, or parentage or a duty of support has been acknowledged or adjudicated under sections 257.51 to 257.74 or under prior law, the obligation of the noncustodial parent may be enforced in the same or other proceedings by the custodial parent, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a private agency, to the extent that person has furnished or is furnishing these expenses. Full faith and credit shall be given to a determination of paternity made by another state, whether established through voluntary acknowledgment or through administrative or judicial processes.

Subd. 2.

Payees.

The court may order support payments to be made to the custodial parent, the court administrator, or a person, corporation, or agency designated to administer them for the benefit of the child under the supervision of the court.

Subd. 3.

Contempt of court.

Willful failure to obey the judgment or order of the court is a contempt of the court. All remedies for the enforcement of judgments apply including those available under chapters 518 and 518C.

257.68 MODIFICATION OF JUDGMENT OR ORDER.

A court entering a judgment or order for the payment of a lump sum under section 257.66, subdivision 4, may specify that the judgment or order may not be modified or revoked.

257.69 RIGHT TO COUNSEL; COSTS; FREE TRANSCRIPT ON APPEAL.

Subdivision 1.

Representation by counsel.

In all proceedings under sections 257.51 to 257.74, any party may be represented by counsel. The county attorney shall represent the public authority. In proceedings under sections 257.51 to 257.74, the court shall appoint counsel for a party who would be financially unable to obtain counsel under the guidelines set forth in section 611.17. The representation of appointed counsel is limited in scope to the issue of establishment of parentage.

Subd. 2.

Guardian ad litem; legal fees.

(a) The court may order expert witness and guardian ad litem fees and other costs of the trial and pretrial proceedings, including appropriate tests, to be paid by the parties in proportions and at times determined by the court. The court shall require a party to pay part of the fees of court-appointed counsel according to the party's ability to pay, but if counsel has been appointed the appropriate agency shall pay the party's proportion of all other fees and costs. The agency responsible for child support enforcement shall pay the fees and costs for blood or genetic tests in a proceeding in which it is a party, is the real party in interest, or is acting on behalf of the child. However, at the close of a proceeding in which paternity has been established under sections 257.51 to 257.74, the court shall order the adjudicated father to reimburse the public agency, if the court finds he has sufficient resources to pay the costs of the blood or genetic tests. When a party bringing an action is represented by the county attorney, no filing fee shall be paid to the court administrator.

(b) In each fiscal year, the commissioner of management and budget shall deposit guardian ad litem reimbursements in the special revenue fund and credit them to a separate account with the State Guardian Ad Litem Board. The balance of this account is appropriated to the State Guardian Ad Litem Board and does not cancel but is available until expended. Revenue from this account must be spent in the judicial district in which the reimbursement is collected.

Subd. 3.

Inability to pay for transcript.

If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal.

257.70 HEARINGS AND RECORDS; CONFIDENTIALITY.

(a) Notwithstanding any other law concerning public hearings and records, any hearing or trial held under sections 257.51 to 257.74 shall be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the state Department of Human Services or elsewhere, are subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.

(b) In all actions under this chapter in which public assistance is assigned under section 256.741 or the public authority provides services to a party or parties to the action, the public authority shall not release private data on the location of a party to the action or the joint child if:

(1) the public authority has knowledge that one party is currently subject to a protective order with respect to the other party or the joint child, and the protected party or guardian of the joint child has not authorized disclosure; or

(2) the public authority has reason to believe that the release of the information may result in physical or emotional harm to a party or the joint child.

257.71 ACTION TO DECLARE MOTHER AND CHILD RELATIONSHIP.

A child, the father 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 father if the father has died, a woman alleged or alleging herself to be the mother, or the personal representative or a parent of the alleged mother if the alleged mother has died or is a minor may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of sections 257.51 to 257.74 applicable to the father and child relationship apply.

257.72 PROMISE TO RENDER SUPPORT.

Subdivision 1.

No consideration required.

A person's signed promise to furnish support for a child, growing out of a supposed or alleged parent and child relationship, does not require consideration and is enforceable according to its terms, subject to section 257.57, subdivision 4.

Subd. 2.

Confidentiality.

In the best interest of the child or the custodial parent, the court may, and if a provision of the writing so requires shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise.

257.73 BIRTH RECORDS.

Subdivision 1.

Replacement birth record.

Upon compliance with the provisions of section 257.55, subdivision 1, paragraph (e), 257.75, or upon order of a court of this state or upon request of a court of another state, the state registrar of vital records shall prepare a replacement record of birth consistent with the acknowledgment or the findings of the court and shall substitute the replacement certificate for the original record of birth.

Subd. 2.

Information contained.

The fact that the father and child relationship was declared after the child's birth shall not be ascertainable from the replacement certificate but the actual place and date of birth shall be shown.

Subd. 3.

Confidentiality.

The evidence upon which the replacement record was made and the original birth record shall be kept in a sealed and confidential file and be subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.

257.74 ADOPTION; TERMINATION PROCEEDINGS.

Subdivision 1.

Notification of father.

If a mother relinquishes or proposes to relinquish for adoption a child who has:

(1) a presumed father under section 257.55, subdivision 1;

(2) a father whose relationship to the child has been determined by a court or established under section 257.75; or

(3) a father as to whom the child is a legitimate child under prior law of this state or under the law of another jurisdiction,

the father shall be given notice of the adoption proceeding as provided in section 259.49.

Subd. 2.

No father.

If a mother relinquishes or proposes to relinquish for adoption a child who does not have:

(1) a presumed father under section 257.55, subdivision 1;

(2) a father whose relationship to the child has been determined by a court; or

(3) a father as to whom the child is a legitimate child under prior law of this state or under the law of another jurisdiction,

notice of the adoption proceeding shall be given as required by section 259.49.