Key: (1) language to be deleted (2) new language
An act
relating to family law; modifying parenting time and spousal maintenance provisions; modifying and updating provisions governing antenuptial and postnuptial agreements; establishing rights and responsibilities relating to assisted reproduction; directing the revisor of statutes to update terms used in statute;
amending Minnesota Statutes 2022, sections 257.025; 518.131, subdivisions 1, 11; 518.14; 518.17, subdivisions 1, 3; 518.175, subdivisions 1, 6; 518.552, subdivisions 1, 2, 3, 6, by adding subdivisions; 518A.39, subdivision 1; 519.11; Minnesota Statutes 2023 Supplement, section 518A.39, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 518; proposing coding for new law as Minnesota Statutes, chapter 257E; repealing Minnesota Statutes 2022, sections 257.56; 518A.39, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(a) In any custody or parenting time proceeding involving unmarried parents, the court shall considernew text begin section 518.175new text end and evaluate all relevant factors in section 518.17, subdivision 1, to determine the best interests of the child.
(b) The fact that the parents of the child are not or were never married to each other shall not be determinative of the custodynew text begin and parenting timenew text end of the child.
(c) A person may seek custody of a child by filing a petition or motion pursuant to section 518.156.
(d) Section 518.619 applies to this section.
new text begin The public policy of this state is to: new text end
new text begin (1) ensure that each child has frequent and substantial contact with the child's parents, as long as the child's parents have shown the ability to act in the best interests of the child; new text end
new text begin (2) ensure that parents and caregivers provide a safe and nurturing environment for each child; and new text end
new text begin (3) encourage parents to share the rights and duties of raising their child. new text end
In a proceeding brought for custody, dissolution, or legal separation, or for disposition of property, maintenance, or child support following the dissolution of a marriage, either party may, by motion, request from the court and the court may grant a temporary order pending the final disposition of the proceeding to or for:
(a) Temporary custody and parenting time regarding the minor children of the partiesnew text begin . In addition to the requirements under section 518.17, subdivision 1, the court must consider the child's parenting time with each parent before the pending action commenced. If the child's access to a parent was limited or restricted before the action commenced, the court must determine the child's custody and parenting time in a manner that supports the child's opportunity to develop a relationship with both parents in accordance with sections 518.17 and 518.175new text end ;
(b) Temporary maintenance of either spouse;
(c) Temporary child support for the children of the parties;
(d) Temporary costs and reasonable attorney fees;
(e) Award the temporary use and possession, exclusive or otherwise, of the family home, furniture, household goods, automobiles, and other property of the parties;
(f) Restrain one or both parties from transferring, encumbering, concealing, or disposing of property except in the usual course of business or for the necessities of life, and to account to the court for all such transfers, encumbrances, dispositions, and expenditures made after the order is served or communicated to the party restrained in open court;
(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting, disturbing the peace, or restraining the liberty of the other party or the children of the parties;
(h) Restrain one or both parties from removing any minor child of the parties from the jurisdiction of the court;
(i) Exclude a party from the family home of the parties or from the home of the other party; and
(j) Require one or both of the parties to perform or to not perform such additional acts as will facilitate the just and speedy disposition of the proceeding, or will protect the parties or their children from physical or emotional harm.
deleted text begin Temporary support and maintenance may be ordered during the time a parenting plan is being developed under section 518.1705. deleted text end new text begin (a) While the proceeding is pending, the court must give priority to scheduling and holding an expedited hearing for temporary relief when a party credibly alleges that: new text end
new text begin (1) the party has been denied parenting time with a child for 14 consecutive days or more; or new text end
new text begin (2) the party has been unreasonably denied access to necessary financial resources or support during a pending marital dissolution. new text end
new text begin (b) A court must hold a priority hearing under this subdivision within 30 days of the party's request. new text end
new text begin (c) A court must consider credible allegations of domestic abuse, substance abuse, maltreatment findings, or neglect as a reasonable basis for a party who has denied parenting time to the other party. new text end
new text begin (d) If temporary parenting time is ordered, the court may also order temporary child support if requested by the other party. new text end
Except as provided in section 518A.735, in a proceeding under this chapter or chapter 518A, the court shall award attorney fees, costs, and disbursements in an amount necessary to enable a party to carry on or contest the proceeding, provided it finds:
(1) that the fees are necessary for the good faith assertion of the party's rights in the proceeding and will not contribute unnecessarily to the length and expense of the proceeding;
(2) that the party from whom fees, costs, and disbursements are sought has the means to pay them; and
(3) that the party to whom fees, costs, and disbursements are awarded does not have the means to pay them.
deleted text begin Nothing in this section or section 518A.735 precludesdeleted text end The court deleted text begin from awardingdeleted text end new text begin may awardnew text end , in its discretion, additional fees, costs, and disbursements against a party who unreasonably contributes to the length or expense of the proceedingnew text begin or whose unreasonable failure to comply with an order or decree causes the other party to seek enforcement or other relief, including the reimbursement of fees and costs incurred before filing a motionnew text end . new text begin In determining whether to award fees, the court must consider the circumstances and any other factors that contributed to the length or expense of the proceeding. new text end Fees, costs, and disbursements provided for in this section and section 518A.735 may be awarded at any point in the proceeding, including a modification proceeding under sections 518.18 and 518A.39. The court may adjudge costs and disbursements against either party. The court may authorize the collection of money awarded by execution, or out of property sequestered, or in any other manner within the power of the court. An award of attorney's fees made by the court during the pendency of the proceeding or in the final judgment survives the proceeding and if not paid by the party directed to pay the same may be enforced as above provided or by a separate civil action brought in the attorney's own name. If the proceeding is dismissed or abandoned prior to determination and award of attorney's fees, the court may nevertheless award attorney's fees upon the attorney's motion. The award shall also survive the proceeding and may be enforced in the same manner as last above provided.
(a) In evaluating the best interests of the child for purposes of determining issues of custody and parenting time, the court must consider and evaluate all relevant factors, including:
(1) a child's physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child's needs and development;
(2) any special medical, mental health, developmental disability, or educational needs that the child may have that may require special parenting arrangements or access to recommended services;
(3) the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference;
(4) whether domestic abuse, as defined in section 518B.01, has occurred in the parents' or either parent's household or relationship; the nature and context of the domestic abuse; and the implications of the domestic abuse for parenting and for the child's safety, well-being, and developmental needs;
(5) any physical, mental, or chemical health issue of a parent that affects the child's safety or developmental needs;
(6) the history and nature of each parent's participation in providing care for the child;
(7) the willingness and ability of each parent to provide ongoing care for the child; to meet the child's ongoing developmental, emotional, spiritual, and cultural needs; and to maintain consistency and follow through with parenting time;
(8) the effect on the child's well-being and development of changes to home, school, and community;
(9) the effect of the proposed arrangements on the ongoing relationships between the child and each parent, siblings, and other significant persons in the child's life;
(10) the benefit to the child in maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent;
(11) except in cases in which domestic abuse as described in clause (4) has occurred, the disposition of each parent to support the child's relationship with the other parent and to encourage and permit frequent and continuing contact between the child and the other parent; and
(12) the willingness and ability of parents to cooperate in the rearing of their child; to maximize sharing information and minimize exposure of the child to parental conflict; and to utilize methods for resolving disputes regarding any major decision concerning the life of the child.
(b) Clauses (1) to (9) govern the application of the best interests of the child factors by the court:
(1) The court must make detailed findings on each of the factors in paragraph (a) based on the evidence presented and explain how each factor led to its conclusions and to the determination of custody and parenting time. The court may not use one factor to the exclusion of all others, and the court shall consider that the factors may be interrelated.
(2) The court shall consider that it is in the best interests of the child to promote the child's healthy growth and development through safe, stable, nurturing relationships between a child and both parents.new text begin In determining custody, the court must consider the best interests of the child and must not prefer one parent over the other solely on the basis of the gender of the parent.new text end
(3) The court shall consider both parents as having the capacity to develop and sustain nurturing relationships with their children unless there are substantial reasons to believe otherwise. In assessing whether parents are capable of sustaining nurturing relationships with their children, the court shall recognize that there are many ways that parents can respond to a child's needs with sensitivity and provide the child love and guidance, and these may differ between parents and among cultures.
(4) The court shall not consider conduct of a party that does not affect the party's relationship with the child.
(5) Disability alone, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child.
(6) The court shall consider evidence of a violation of section 609.507 in determining the best interests of the child.
(7) There is no presumption for or against joint physical custody, except as provided in clause (9).
(8) Joint physical custody does not require an absolutely equal division of time.
(9) The court shall use a rebuttable presumption that upon request of either or both parties, joint legal custody is in the best interests of the child. However, the court shall use a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents. In determining whether the presumption is rebutted, the court shall consider the nature and context of the domestic abuse and the implications of the domestic abuse for parenting and for the child's safety, well-being, and developmental needs. Disagreement alone over whether to grant sole or joint custody does not constitute an inability of parents to cooperate in the rearing of their children as referenced in paragraph (a), clause (12).
(c) In a proceeding involving the custodial responsibility of a service member's child, a court may not consider only a parent's past deployment or possible future deployment in determining the best interests of the child. For purposes of this paragraph, "custodial responsibility" has the meaning given in section 518E.102, paragraph (f).
(a) Upon adjudging the nullity of a marriage, or in a dissolution or separation proceeding, or in a child custody proceeding, the court shall make such further order as it deems just and proper concerning:
(1) the legal custody of the minor children of the parties deleted text begin whichdeleted text end new text begin thatnew text end shall be sole or joint;
(2) their physical custodynew text begin , parenting time,new text end and residence; and
(3) their support. deleted text begin In determining custody, the court shall consider the best interests of each child and shall not prefer one parent over the other solely on the basis of the sex of the parent.deleted text end
(b) The court shall grant the rights listed in subdivision 3a to each of the parties, regardless of custodial designation, unless specific findings are made under section 518.68, subdivision 1. The court shall include in the custody order the notice under subdivision 3a.
(c) The court may waive any of the rights under this section if it finds it is necessary to protect the welfare of a party or child.
(d) If a court order or law prohibits contact by a party, the notifications and information required to be sent under subdivision 3a, clauses (1), (2), (3), (5), and (6), shall not be made by direct communication of the parties. Third-party communication shall be limited to the specific purposes delineated in this subdivision or subdivision 3a. Nothing in this subdivision or subdivision 3a shall modify, suspend, revoke, or terminate a court order or law that prohibits contact by a party.
(e) If one of the parties is a program participant under chapter 5B, the other party shall send all information and notifications required under subdivision 3a, clauses (1), (2), (3), (5), and (6), to the participant's designated address. The program participant is exempted from the requirements of subdivision 3a.
(f) Failure to notify or inform a party of rights under subdivision 3a does not form a basis for modification under section 518.18, paragraph (d), clause (iv), unless other grounds are alleged which would support a modification.
(a) In all proceedings for dissolution or legal separation, subsequent to the commencement of the proceeding and continuing thereafter during the minority of the child, the court shall, upon the request of either parent, grant such parenting time on behalf of the child and a parent as will enable the child and the parent to maintain a child to parent relationship that will be in the best interests of the child. The court, when issuing a parenting time order, may reserve a determination as to the future establishment or expansion of a parent's parenting time. In that event, the best interest standard set forth in subdivision 5, paragraph (a), shall be applied to a subsequent motion to establish or expand parenting time.
(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger the child's physicalnew text begin , mental,new text end or emotional healthnew text begin or safetynew text end or impair the child's emotional development, the court shall restrict parenting time with that parent as to time, place, duration, or supervision and may deny parenting time entirely, as the circumstances warrant. The court shall consider the age of the child and the child's relationship with the parent prior to the commencement of the proceeding.
(c) A parent's failure to pay support because of the parent's inability to do so shall not be sufficient cause for denial of parenting time.
(d) The court may provide that a law enforcement officer or other appropriate person will accompany a party seeking to enforce or comply with parenting time.
(e) Upon request of either party, to the extent practicable an order for parenting time must include a specific schedule for new text begin regular new text end parenting time, including the frequency and duration of deleted text begin visitationdeleted text end new text begin parenting timenew text end and deleted text begin visitationdeleted text end new text begin parenting time new text end during holidays deleted text begin anddeleted text end new text begin ,new text end vacations, new text begin and school breaks new text end unless parenting time is restricted, denied, or reserved.
(f) The court administrator shall provide a form for a pro se motion regarding parenting time disputes, which includes provisions for indicating the relief requested, an affidavit in which the party may state the facts of the dispute, and a brief description of the parenting time expeditor process under section 518.1751. The form may not include a request for a change of custody. The court shall provide instructions on serving and filing the motion.
(g) In the absence of other evidence, there is a rebuttable presumption that a deleted text begin parent is entitled todeleted text end new text begin child mustnew text end receive a minimum ofnew text begin at leastnew text end 25 percent of the parenting time deleted text begin for the childdeleted text end new text begin with each parentnew text end . For purposes of this paragraph, the percentage of parenting time may be determined by calculating the number of overnights that a child spends with a parent or by using a method other than overnights if the parent has significant time periods on separate days when the child is in the parent's physical custody but does not stay overnight. The court may consider the age of the child in determining whether a child is with a parent for a significant period of time.
new text begin (a) Each party must follow a court's order for custody and parenting time unless the parties have made another agreement in writing as defined by section 645.44, subdivision 14. new text end
new text begin (b) For the purposes of this subdivision, "court-ordered parenting time" means: new text end
new text begin (1) parenting time that a court has ordered, regardless of whether the order is temporary or permanent and whether family court or juvenile court has issued the order; new text end
new text begin (2) an order by a parenting time consultant, parenting coordinator, special master, or other court-appointed individual who is authorized to establish or modify parenting time; or new text end
new text begin (3) a binding agreement or decision under section 518.1751, subdivision 3. new text end
deleted text begin (a)deleted text end new text begin (c)new text end The court deleted text begin may providedeleted text end new text begin shall fully consider providingnew text end compensatory parenting time when new text begin a parent has intentionally made new text end a substantial amount of court-ordered parenting time deleted text begin has been madedeleted text end unavailable to deleted text begin onedeleted text end new text begin the othernew text end parent unless providing the compensatory parenting time is not consistent with the child's best interests.new text begin The court must consider all relevant evidence to determine whether a parent has made a substantial amount of court-ordered parenting time unavailable to the other parent.new text end
deleted text begin (b) The court shall provide for one of the remedies as provided under this subdivision for (1) a repeated and intentional denial of or interference with court-ordered parenting time, or (2) a repeated and intentional failure to comply with a binding agreement or decision under section 518.1751. deleted text end
deleted text begin (c)deleted text end new text begin (d)new text end If the court finds that a person has been deprived of court-ordered parenting time under paragraph (b), the court shall order the parent who has interfered to allow compensatory parenting time to the other parent. When compensatory parenting time is awarded, additional parenting time must be:
(1) at least of the same type and duration as the deprived parenting time and, at the discretion of the court, may be in excess of or of a different type than the deprived parenting time;
(2) taken within one year after the deprived parenting time; and
(3) at a time acceptable to the parent deprived of parenting time.
deleted text begin (d)deleted text end new text begin (e)new text end If the court finds that a party has repeatedly and intentionally denied or interfered with court-ordered parenting time deleted text begin or failed to comply with a binding agreement or decision under section 518.1751deleted text end , the court deleted text begin maydeleted text end new text begin must,new text end in addition to awarding compensatory parenting time deleted text begin under paragraph (c):deleted text end new text begin , require the party to reimburse the other party for costs incurred as a result of the party's denial of or interference with court-ordered parenting time and award reasonable attorney fees to the other party, provided that the court finds that the party from whom fees, costs, and disbursements are sought has the means to pay them. The court may:new text end
(1) impose a deleted text begin civil penaltydeleted text end new text begin sanctionnew text end of up to $500 deleted text begin ondeleted text end new text begin against the party who denied or interfered with parenting time that is payable tonew text end the new text begin other new text end party;
new text begin (2) modify legal and physical custody of the child by awarding custody of the child to the party whose parenting time was denied or interfered with, in accordance with the procedures under section 518.18; or new text end
deleted text begin (2) require the party to post a bond with the court for a specified period of time to secure the party's compliance; deleted text end
deleted text begin (3) award reasonable attorney's fees and costs; deleted text end
deleted text begin (4) require the party who violated the parenting time order or binding agreement or decision of the parenting time expeditor to reimburse the other party for costs incurred as a result of the violation of the order or agreement or decision; or deleted text end
deleted text begin (5)deleted text end new text begin (3)new text end award any other remedy that the court finds to be in the best interests of the children involved.
deleted text begin A civil penalty imposed under this paragraph must be deposited in the county general fund and must be used to fund the costs of a parenting time expeditor program in a county with this program. In other counties, the civil penalty must be deposited in the state general fund. deleted text end
deleted text begin (e)deleted text end new text begin (f)new text end The court shall provide one or more of the remedies available in paragraph deleted text begin (d)deleted text end new text begin (e)new text end , clauses (1) deleted text begin to (5)deleted text end new text begin and (2)new text end , if deleted text begin one of the following occurs:deleted text end
deleted text begin (1)deleted text end the court finds that a party has repeatedly and intentionally denied or interfered with court-ordered parenting time after a previous finding that the party repeatedly and intentionally denied or interfered with court-ordered parenting timedeleted text begin ; ordeleted text end new text begin .new text end
deleted text begin (2) the court finds that a party has failed to comply with a binding agreement or decision under section 518.1751 after a previous finding that the party failed to comply with a binding agreement or decision under section 518.1751. deleted text end
deleted text begin (f)deleted text end new text begin (g)new text end If the court makes written findings that any denial of or interference with court-ordered parenting time deleted text begin or the failure to comply with a binding agreement or decision under section 518.1751deleted text end was necessary to protect a child's physical or emotional health, the court is not required to comply with paragraphs deleted text begin (b) to (e)deleted text end new text begin (d) to (f)new text end .
deleted text begin (g)deleted text end new text begin (h)new text end If the court finds that a party has been denied parenting time and has incurred expenses in connection with the denied parenting time, the court may require the party who denied parenting time to post a bond in favor of the other party in the amount of prepaid expenses associated with upcoming planned parenting time.
deleted text begin (h)deleted text end new text begin (i)new text end Proof of an unwarranted denial of or interference with duly established parenting time may constitute contempt of court and may be sufficient cause for reversal of custody.
deleted text begin (i)deleted text end new text begin (j)new text end All parenting time orders must include notice of the provisions of this subdivision.
new text begin (k) The required notice under paragraph (j) must be substantially as follows: new text end
new text begin "NOTICE REGARDING COMPLIANCE WITH PARENTING TIME ORDER: new text end
new text begin The parties are expected to fully comply with the court's order unless the parties mutually agree otherwise in writing as defined by Minnesota Statutes, section 645.44, subdivision 14. Pursuant to Minnesota Statutes, section 518.175, subdivision 6, and Minnesota Statutes, section 518.131, subdivision 11, the parties are hereby notified that: new text end
new text begin (1) The court shall award compensatory parenting time to a parent who has been prevented from exercising parenting time. new text end
new text begin (2) Deprivation of parental rights is a FELONY crime pursuant to Minnesota Statutes, section 609.375. new text end
new text begin (3) If the court finds that one parent has repeatedly and intentionally denied or interfered with another parent's parenting time, then the court shall award attorney fees to the parent who has been denied parenting time and require the parent who has been denying or interfering with parenting time to pay the other parent for costs incurred as a result of enforcing the decision. new text end
new text begin (4) If the court finds that one parent has repeatedly and intentionally denied or interfered with parenting time, then the court may also: new text end
new text begin (i) transfer custody of the child to the other parent; new text end
new text begin (ii) impose a sanction of up to $500 on the parent who repeatedly and intentionally denied or interfered with parenting time; or new text end
new text begin (iii) award other relief as determined to be in the best interests of the children involved." new text end
new text begin (l) An order issued under this section requiring reimbursement of costs or fees does not require a party to have direct contact with another party. new text end
new text begin This article is effective August 1, 2024, and applies to proceedings commenced on or after that date. new text end
In a proceeding for dissolution of marriage or legal separation, or in a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse and which has since acquired jurisdiction, the court may grant a maintenance order for either spouse if it finds that the spouse seeking maintenance:
(a) lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or educationdeleted text begin , ordeleted text end new text begin ;new text end
(b) is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstancesdeleted text begin , through appropriate employment,deleted text end new text begin ;new text end or
new text begin (c)new text end is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
The maintenance order shall be in amounts and for periods of time, either deleted text begin temporarydeleted text end new text begin transitionalnew text end or deleted text begin permanentdeleted text end new text begin indefinitenew text end , as the court deems just, without regard to marital misconduct, and after considering all relevant factors including:
(a) the financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party's ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
(b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party's age and skills, of completing education or training and becoming fully or partially self-supporting;
(c) the standard of living established during the marriagenew text begin and the extent to which the standard of living was funded by debtnew text end ;
(d) the duration of the marriage anddeleted text begin , in the case of a homemaker,deleted text end new text begin the earnings, seniority, benefits, and other employment opportunities forgone by the spouse seeking maintenance to support the other spouse or children andnew text end the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;
deleted text begin (e) the loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance; deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end the age, and deleted text begin thedeleted text end physical deleted text begin and emotional conditiondeleted text end new text begin , mental, or chemical healthnew text end of deleted text begin the spouse seeking maintenancedeleted text end new text begin both spousesnew text end ;
deleted text begin (g)deleted text end new text begin (f)new text end the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; deleted text begin anddeleted text end
deleted text begin (h)deleted text end new text begin (g)new text end the contribution of deleted text begin each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution ofdeleted text end a spouse deleted text begin as a homemaker ordeleted text end in furtherance of the other party's employment or businessdeleted text begin .deleted text end new text begin ; andnew text end
new text begin (h) the need and ability of each spouse to prepare for retirement and the anticipated time of retirement. new text end
deleted text begin Nothing in this section shall be construed to favor a temporary award of maintenance over a permanent award, where the factors under subdivision 2 justify a permanent award. deleted text end
deleted text begin Where there is some uncertainty as to the necessity of a permanent award, the court shall order a permanent award leaving its order open for later modification. deleted text end new text begin (a) A maintenance award may be transitional or indefinite. An award of temporary maintenance issued before August 1, 2024, is deemed transitional maintenance. An award of permanent maintenance issued before August 1, 2024, is deemed indefinite maintenance. Maintenance awarded during the pendency of an initial proceeding for dissolution or legal separation pursuant to section 518.131 is deemed temporary maintenance. new text end
new text begin (b) For purposes of this subdivision, "length of the marriage" means the period from the date of the marriage until the date of the commencement of the action. new text end
new text begin (c) The court must determine the duration of maintenance based on the length of the marriage as follows: new text end
new text begin (1) when the length of the marriage is less than five years, it is rebuttably presumed that no maintenance should be awarded; new text end
new text begin (2) when the length of the marriage is at least five years and less than 20 years, it is rebuttably presumed that transitional maintenance should be awarded with a duration of no longer than one-half the length of the marriage if the factors set forth in subdivision 1 support an award of maintenance; and new text end
new text begin (3) when the length of the marriage is 20 years or more, it is rebuttably presumed that indefinite maintenance should be awarded if the factors set forth in subdivision 1 support an award of maintenance. new text end
new text begin Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance. new text end
new text begin (a) Upon the motion of either of the parties, the court may modify the amount and duration of maintenance and may issue an order that the court might have issued in the original proceeding, except as otherwise provided in this subdivision. new text end
new text begin (b) The terms of a maintenance order may be modified upon a showing of one or more of the following circumstances that make the terms of the existing order unreasonable and unfair: new text end
new text begin (1) substantially increased or decreased gross income of an obligor or obligee; new text end
new text begin (2) substantially increased or decreased need of an obligor or obligee; or new text end
new text begin (3) substantial changes in the federal or state tax laws that affect spousal maintenance. new text end
new text begin (c) Upon a motion to modify maintenance, including a motion to extend the duration of a maintenance award, the court shall apply, in addition to all other relevant factors, the factors for an award of maintenance under subdivisions 1 to 3 that exist at the time of the motion. new text end
new text begin (d) Unless the court adopts an alternative effective date under paragraph (f), a modification of maintenance, including interest that accrued pursuant to section 548.091, may be made retroactive: new text end
new text begin (1) for any period during which the petitioning party has a motion for modification that is pending; new text end
new text begin (2) from the date that the notice of the motion to modify was served on the responding party; new text end
new text begin (3) from the date that the notice of the motion to modify was served on the public authority if public assistance is being received; or new text end
new text begin (4) from the date that the notice of the motion to modify was served on the county attorney if the county attorney is the attorney of record. new text end
new text begin (e) The court need not hold an evidentiary hearing on a motion to modify maintenance. new text end
new text begin (f) The court may select an alternative effective date for a maintenance order if the parties enter into a binding agreement for an alternative effective date. The court's adoption of an alternative effective date under this paragraph must not be considered a retroactive modification of maintenance. new text end
(a) Spousal maintenance may be modified pursuant to deleted text begin section 518A.39, subdivision 2,deleted text end new text begin subdivision 5bnew text end based on the cohabitation by the maintenance obligee with another adult following dissolution of the marriage. The modification may consist of a reduction, suspension, reservation, or termination of maintenance. In determining if maintenance should be modified due to cohabitation, the court shall consider:
(1) whether the obligee would marry the cohabitant but for the maintenance award;
(2) the economic benefit the obligee derives from the cohabitation;
(3) the length of the cohabitation and the likely future duration of the cohabitation; and
(4) the economic impact on the obligee if maintenance is modified and the cohabitation ends.
(b) The court must not modify a maintenance award based solely on cohabitation if a marriage between the obligee and the cohabitant would be prohibited under section 517.03, subdivision 1, clause (2) or (3). A modification under this subdivision must be precluded or limited to the extent the parties have entered into a private agreement under subdivision 5.
(c) A motion to modify a spousal maintenance award on the basis of cohabitation may not be brought within one year of the date of entry of the decree of dissolution or legal separation that orders spousal maintenance, unless the parties have agreed in writing that a motion may be brought or the court finds that failing to allow the motion to proceed would create an extreme hardship for one of the parties.
new text begin (a) If a party retires, spousal maintenance may be modified. The modification of maintenance may consist of a reduction, suspension, reservation, or termination of maintenance. new text end
new text begin (b) In determining if maintenance should be modified due to a party's retirement, the court shall consider: new text end
new text begin (1) whether the retirement is in good faith or is an unjustifiable self-limitation of income; new text end
new text begin (2) whether the party has attained the age to receive the party's full retirement benefits under section 216 of the Social Security Act, United States Code, title 42, section 416, or the customary age for retirement in the party's occupation; new text end
new text begin (3) whether a party has reasonably and prudently managed the party's assets since the dissolution of the marriage; and new text end
new text begin (4) the financial resources available to both parties. new text end
new text begin (c) It is presumed that when a party has attained the age to receive the party's full retirement benefits under section 216 of the Social Security Act, United States Code, title 42, section 416, or the customary age for retirement in the party's occupation, the party will use both income and assets to meet the party's needs. new text end
new text begin (d) A party must not be presumed to have retired in bad faith or to have unjustifiably self-limited the party's income in the event that the party's retirement is occurring on or after the date the party attains the age to receive full retirement benefits under section 216 of the Social Security Act, United States Code, title 42, section 416, or the customary age for retirement in the party's occupation. new text end
new text begin (e) A motion to modify maintenance due to retirement may be brought before a party actually retires provided that the moving party specifies the date by which the party's retirement will occur. The court may then make the modification effective as of the actual date of retirement. new text end
new text begin The state court administrator's office shall prepare and make available to court administrators, obligors, and persons to whom spousal maintenance is owed a form to be submitted in support of a motion for a modification of an order for maintenance or for contempt of court. new text end
After an order under this chapter or chapter 518 for deleted text begin maintenance or support money, temporary or permanentdeleted text end new text begin child supportnew text end , or for the appointment of trustees to receive property awarded as deleted text begin maintenance ordeleted text end support money, the court may from time to time, on motion of either of the parties, a copy of which is served on the public authority responsible for child support enforcement if payments are made through it, or on motion of the public authority responsible for support enforcement, modify the order respecting the amount of deleted text begin maintenance ordeleted text end support money or medical support, and the payment of it, and also respecting the appropriation and payment of the principal and income of property held in trust, and may make an order respecting these matters which it might have made in the original proceeding, except as herein otherwise provided. A party or the public authority also may bring a motion for contempt of court if the obligor is in arrears in support or maintenance payments.
(a) The terms of an order respecting deleted text begin maintenance ordeleted text end new text begin childnew text end support may be modified upon a showing of one or more of the following, any of which makes the terms unreasonable and unfair: (1) substantially increased or decreased gross income of an obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee or the child or children that are the subject of these proceedings; (3) receipt of assistance under the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01 to 256B.39, or chapter 256J or 256K; (4) a change in the cost of living for either party as measured by the federal Bureau of Labor Statistics; (5) extraordinary medical expenses of the child not provided for under section 518A.41; (6) a change in the availability of appropriate health care coverage or a substantial increase or decrease in health care coverage costs; (7) the addition of work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expenses; or (8) upon the emancipation of the child, as provided in subdivision 5.
(b) It is presumed that there has been a substantial change in circumstances under paragraph (a) and the terms of a current support order shall be rebuttably presumed to be unreasonable and unfair if:
(1) the application of the child support guidelines in section 518A.35, to the current circumstances of the parties results in a calculated court order that is at least 20 percent and at least $75 per month higher or lower than the current support order or, if the current support order is less than $75, it results in a calculated court order that is at least 20 percent per month higher or lower;
(2) the medical support provisions of the order established under section 518A.41 are not enforceable by the public authority or the obligee;
(3) health coverage ordered under section 518A.41 is not available to the child for whom the order is established by the parent ordered to provide;
(4) the existing support obligation is in the form of a statement of percentage and not a specific dollar amount;
(5) the gross income of an obligor or obligee has decreased by at least 20 percent through no fault or choice of the party; or
(6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause (4), and the child no longer resides in a foreign country or the factor is otherwise no longer applicable.
(c) A child support order is not presumptively modifiable solely because an obligor or obligee becomes responsible for the support of an additional nonjoint child, which is born after an existing order. Section 518A.33 shall be considered if other grounds are alleged which allow a modification of support.
(d) If child support was established by applying a parenting expense adjustment or presumed equal parenting time calculation under previously existing child support guidelines and there is no parenting plan or order from which overnights or overnight equivalents can be determined, there is a rebuttable presumption that the established adjustment or calculation will continue after modification so long as the modification is not based on a change in parenting time. In determining an obligation under previously existing child support guidelines, it is presumed that the court shall:
(1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's share of the combined basic support obligation calculated under section 518A.34, paragraph (b), clause (5), by 0.88; or
(2) if the parenting time was presumed equal but the parents' parental incomes for determining child support were not equal:
(i) multiply the combined basic support obligation under section 518A.34, paragraph (b), clause (5), by 0.75;
(ii) prorate the amount under item (i) between the parents based on each parent's proportionate share of the combined PICS; and
(iii) subtract the lower amount from the higher amount.
(e) deleted text begin On a motion for modification of maintenance, including a motion for the extension of the duration of a maintenance award, the court shall apply, in addition to all other relevant factors, the factors for an award of maintenance under section 518.552 that exist at the time of the motion.deleted text end On a motion for modification of support, the court:
(1) shall apply section 518A.35, and shall not consider the financial circumstances of each party's spouse, if any; and
(2) shall not consider compensation received by a party for employment in excess of a 40-hour work week, provided that the party demonstrates, and the court finds, that:
(i) the excess employment began after entry of the existing support order;
(ii) the excess employment is voluntary and not a condition of employment;
(iii) the excess employment is in the nature of additional, part-time employment, or overtime employment compensable by the hour or fractions of an hour;
(iv) the party's compensation structure has not been changed for the purpose of affecting a support deleted text begin or maintenancedeleted text end obligation;
(v) in the case of an obligor, current child support payments are at least equal to the guidelines amount based on income not excluded under this clause; and
(vi) in the case of an obligor who is in arrears in child support payments to the obligee, any net income from excess employment must be used to pay the arrearages until the arrearages are paid in full.
(f) A modification of support deleted text begin or maintenancedeleted text end , including interest that accrued pursuant to section 548.091, may be made retroactive only with respect to any period during which the petitioning party has pending a motion for modification but only from the date of service of notice of the motion on the responding party and on the public authority if public assistance is being furnished or the county attorney is the attorney of record, unless the court adopts an alternative effective date under paragraph (l). The court's adoption of an alternative effective date under paragraph (l) shall not be considered a retroactive modification of deleted text begin maintenance ordeleted text end support.
(g) Except for an award of the right of occupancy of the homestead, provided in section 518.63, all divisions of real and personal property provided by section 518.58 shall be final, and may be revoked or modified only where the court finds the existence of conditions that justify reopening a judgment under the laws of this state, including motions under section 518.145, subdivision 2. The court may impose a lien or charge on the divided property at any time while the property, or subsequently acquired property, is owned by the parties or either of them, for the payment of maintenance or support money, or may sequester the property as is provided by section 518A.71.
(h) The court need not hold an evidentiary hearing on a motion for modification of deleted text begin maintenance ordeleted text end support.
(i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for motions brought under this subdivision.
(j) An enactment, amendment, or repeal of law constitutes a substantial change in the circumstances for purposes of modifying a child support order when it meets the standards for modification in this section.
(k) On the first modification following implementation of amended child support guidelines, the modification of basic support may be limited if the amount of the full variance would create hardship for either the obligor or the obligee. Hardship includes, but is not limited to, eligibility for assistance under chapter 256J.
(l) The court may select an alternative effective date for a deleted text begin maintenance ordeleted text end support order if the parties enter into a binding agreement for an alternative effective date.
new text begin Minnesota Statutes 2022, section 518A.39, subdivision 3, new text end new text begin is repealed. new text end
deleted text begin A man and womandeleted text end new text begin (a) Two individualsnew text end of legal age may enter into an antenuptial deleted text begin contract or settlementdeleted text end new text begin agreementnew text end prior to new text begin the new text end solemnization of marriage which shall be valid and enforceable if deleted text begin (a) there is a full and fair disclosure of the earnings and property of each party, and (b) the parties have had an opportunity to consult with legal counsel of their own choice. An antenuptial contract or settlementdeleted text end new text begin the agreement meets the procedural and substantive fairness requirements under subdivisions 1b and 1c.new text end
new text begin (b) An antenuptial agreementnew text end made in conformity with this section maynew text begin :new text end
new text begin (1)new text end determine what rights each party has in the new text begin marital and new text end nonmarital property, new text begin as those terms are new text end defined in section 518.003, subdivision 3b, upon new text begin a new text end dissolution of marriagedeleted text begin ,deleted text end new text begin ornew text end legal separation deleted text begin or after its termination by death anddeleted text end new text begin ;new text end
new text begin (2) provide for spousal maintenance, as defined in section 518.003, subdivision 3a; new text end
new text begin (3) determine the rights that each party has in the estate of the other as otherwise conferred upon them by chapter 524; and new text end
new text begin (4)new text end may bar each other of all rights in the respective estates not so secured to them by their agreement. deleted text begin This section shall not be construed to make invalid or unenforceable any antenuptial agreement or settlement made and executed in conformity with this section because the agreement or settlement covers or includes marital property, if the agreement or settlement would be valid and enforceable without regard to this section.deleted text end
new text begin (c) The marriage itself is adequate consideration for an agreement made in conformity with this section. new text end
new text begin (d) An agreement duly acknowledged and attested is prima facie proof of the matters acknowledged in the agreement. new text end
new text begin (e) If an antenuptial agreement unambiguously permits severability, the court may sever any unenforceable provision and enforce the remaining provisions of the agreement. new text end
deleted text begin (a) Spouses who are legally married under the laws of this state may enter into a postnuptial contract or settlement which is valid and enforceable if it: deleted text end
deleted text begin (1) complies with the requirements for antenuptial contracts or settlements in this section and in the law of this state, including, but not limited to, the requirement that it be procedurally and substantively fair and equitable both at the time of its execution and at the time of its enforcement; and deleted text end
deleted text begin (2) complies with the requirements for postnuptial contracts or settlements in this section. deleted text end
deleted text begin (b) A postnuptial contract or settlement that conforms with this section may determine all matters that may be determined by an antenuptial contract or settlement under the law of this state, except that a postnuptial contract or settlement may not determine the rights of any child of the spouses to child support from either spouse or rights of child custody or parenting time. deleted text end
deleted text begin (c) A postnuptial contract or settlement is valid and enforceable only if at the time of its execution each spouse is represented by separate legal counsel. deleted text end
deleted text begin (d) A postnuptial contract or settlement is presumed to be unenforceable if either party commences an action for a legal separation or dissolution within two years of the date of its execution, unless the spouse seeking to enforce the postnuptial contract or settlement can establish that the postnuptial contract or settlement is fair and equitable. deleted text end
deleted text begin (e) Nothing in this section shall impair the validity or enforceability of a contract, agreement, or waiver which is entered into after marriage and which is described in chapter 524, article 2, part 2, further, a conveyance permitted by section 500.19 is not a postnuptial contract or settlement under this section. deleted text end
new text begin (a) For purposes of this subdivision, "full and fair disclosure" means that each party has provided a reasonably accurate description of all material facts of their income and good faith estimates of the value of their property and discloses the basis for these disclosures. A party must not waive the full and fair disclosure requirement under paragraph (b), clause (1). new text end
new text begin (b) An antenuptial agreement is procedurally fair if: new text end
new text begin (1) there is full and fair disclosure of the current income and property of each party; new text end
new text begin (2) each party has had a meaningful opportunity to consult with independent legal counsel of the party's choosing; new text end
new text begin (3) the agreement is in writing, executed in the presence of two witnesses, and acknowledged by the parties before a person authorized to administer an oath under the laws of this state; new text end
new text begin (4) the agreement is entered into voluntarily and free of duress; and new text end
new text begin (5) the agreement is entered into and executed no less than seven days before the marriage. new text end
new text begin (c) An agreement entered into and executed at least seven days before the date of marriage is presumed enforceable and the burden of proof is on the party seeking to set aside the agreement. An agreement that is entered into and executed less than seven days before the marriage is not presumed enforceable, and the proponent of the agreement has the burden of proof. new text end
new text begin (d) A power of attorney does not satisfy the requirements of paragraph (b), clause (3). new text end
new text begin (a) In determining if an agreement under this section is substantively fair, the court shall consider whether all or part of the agreement is substantively unfair as to be unconscionable to a party either by the agreement's terms or as the result of drastically changed circumstances originally not foreseen when the agreement was created, such that enforcement would no longer comport with the reasonable expectations of the parties at the time that the parties executed the agreement. new text end
new text begin (b) The agreement need not approximate a division of marital or nonmarital property, or an award of spousal maintenance, consistent with statutory law regarding property division or spousal maintenance. A deviation from statutory standards does not in itself make an agreement unconscionable. new text end
new text begin (a) Spouses who are legally married under the laws of this state may enter into a postnuptial agreement, which is valid and enforceable if the agreement: new text end
new text begin (1) complies with the requirements for antenuptial agreements in this section and in the laws of this state, including but not limited to the requirement that the agreement be procedurally and substantively fair except that subdivision 1b, paragraph (b), clause (5), does not apply; and new text end
new text begin (2) complies with the requirements for postnuptial agreements in this section. new text end
new text begin (b) A postnuptial agreement that conforms with this section may determine all matters that may be determined by an antenuptial agreement under the law of this state. new text end
new text begin (c) A postnuptial agreement is valid and enforceable only if at the time of its execution each spouse is represented by separate legal counsel. new text end
new text begin (d) A postnuptial agreement is presumed to be unenforceable if either party commences an action for a legal separation or dissolution within two years of the date of the agreement's execution, unless the spouse seeking to enforce the postnuptial agreement can establish that the postnuptial agreement is fair and equitable. new text end
new text begin (e) Nothing in this section impairs the validity or enforceability of a contract, an agreement, or a waiver that is entered into after marriage and that is described in sections 524.2-201 to 524.2-215. Further, a conveyance permitted by section 500.19 is not a postnuptial agreement under this section. new text end
deleted text begin Antenuptial or postnuptial contracts or settlements shall be in writing, executed in the presence of two witnesses and acknowledged by the parties, executing the same before any officer or person authorized to administer an oath under the laws of this state. An antenuptial contract must be entered into and executed prior to the day of solemnization of marriage. A power of attorney may not be used to accomplish the purposes of this section. deleted text end
An antenuptial deleted text begin contract or settlementdeleted text end new text begin agreementnew text end may be amended or revoked after the marriage of the parties only by a valid postnuptial deleted text begin contract or settlement whichdeleted text end new text begin agreement thatnew text end complies with this section and with the laws of this state. A postnuptial deleted text begin contract or settlementdeleted text end new text begin agreementnew text end may be amended or revoked only by a later, valid postnuptial deleted text begin contract or settlement whichdeleted text end new text begin agreement thatnew text end complies with this section and with the laws of this state.
deleted text begin An antenuptial or postnuptial contract or settlement which by its terms conveys or determines what rights each has in the other's real property and sets forth the legal description of the real estate granted or affected by the agreement may be filed or recorded in every county where any real estate so described is situated, in the office of the county recorder for the county or in any public office authorized to receive a deed, assignment or other instrument affecting the real estate, for filing or recording. deleted text end
deleted text begin Any antenuptial or postnuptial contract or settlement not recorded in the office of the county recorder or other public office authorized to receive the document, where the real property is located, shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real property, or any part thereof, whose conveyance is first duly recorded, and as against any attachment levied thereon or any judgment lawfully obtained at the suit of any party against the person in whose name the title to the property appears of record prior to recording of the conveyance. deleted text end
deleted text begin An antenuptial or postnuptial contract or settlement duly acknowledged and attested shall be prima facie proof of the matters acknowledged therein and as to those matters, the burden of proof shall be and rest upon the person contesting the same. deleted text end
This section deleted text begin shall applydeleted text end new text begin appliesnew text end to all antenuptial deleted text begin contractsdeleted text end and deleted text begin settlements executed on or after August 1, 1979, and shall apply to alldeleted text end postnuptial deleted text begin contracts and settlements executed on or after August 1, 1994deleted text end new text begin agreements executed on or after August 1, 2024new text end . new text begin An antenuptial agreement entered into before August 1, 2024, shall not be invalidated based on the same sex of the parties to the agreement.new text end
Nothing in sections 519.01 to 519.101, shall be construed to affect antenuptial or postnuptial deleted text begin contracts or settlementsdeleted text end new text begin agreementsnew text end .
new text begin This section is effective August 1, 2024, and applies to agreements executed on or after that date. new text end
new text begin The revisor of statutes shall change the terms "husband," "wife," "husband and wife," and "husband or wife" to "spouse," "spouses," or a similar gender-neutral term wherever the terms appear in Minnesota Statutes, unless the context indicates that the previous term should remain. The revisor of statutes shall also make grammatical changes related to the changes in terms. new text end
new text begin For purposes of this chapter, the following terms have the meanings given. new text end
new text begin "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes: new text end
new text begin (1) intrauterine, intracervical, or vaginal insemination; new text end
new text begin (2) donation of gametes; new text end
new text begin (3) donation of embryos; new text end
new text begin (4) in vitro fertilization and transfer of embryos; and new text end
new text begin (5) intracytoplasmic sperm injection. new text end
new text begin Assisted reproduction does not include a pregnancy under a surrogacy agreement, the pregnancy of a surrogate, the transfer of an embryo to a surrogate, or when a child is conceived pursuant to a surrogacy agreement. For purposes of this subdivision, "surrogate" means an individual who agrees to become pregnant but who does not intend to be legally bound as a parent of the child. new text end
new text begin "Birth" includes fetal deaths reportable under section 144.222. new text end
new text begin "Determination of parentage" means the establishment of a parent-child relationship by a judicial proceeding or signing of a valid recognition of parentage under section 257.75. new text end
new text begin "Donor" means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration. The term does not include a parent or an intended parent. new text end
new text begin "Gamete" means a sperm or an egg. new text end
new text begin "Genetic testing" means an analysis of genetic markers to identify or exclude a genetic relationship. new text end
new text begin "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 "Parent" means an individual who is the legal parent of a child under the laws of the state. new text end
new text begin "Parentage" or "parent-child relationship" means the legal relationship between a child and a parent of the child. new text end
new text begin "Presumed parent" means an individual who under sections 257.51 to 257.74 is presumed to be a parent of a child, unless the requirements of section 257.57, subdivision 2, are met; the presumption is overcome in a judicial proceeding; a valid denial of parentage is made under this chapter; or a court adjudicates the individual to be a parent. new text end
new text begin "Transfer" means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the individual who will give birth to the child. new text end
new text begin (a) If the court determines that an individual is a parent under this chapter, either because the individual gave birth to the child or the individual is a consenting intended parent under section 257E.23, the court shall adjudicate the individual to be a parent of the child. new text end
new text begin (b) An individual who is or claims to be a parent under this section or the individual who gave birth to the child may commence a proceeding before or after the birth of the child in 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 upon the birth of the child; new text end
new text begin (2) designating the content of the birth record in accordance with applicable law and directing the Office of Vital Records to designate each intended parent as a parent of the child; new text end
new text begin (3) to protect the privacy of the child and the parties, declaring that the court record is not open to inspection; and new text end
new text begin (4) for other relief that the court determines necessary and proper. new text end
new text begin (c) The court may issue an order or a judgment under this section 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 (d) Neither this state nor the Office of Vital Records is a necessary party to a proceeding under this section. new text end
new text begin A donor is not a parent of a child conceived by assisted reproduction. new text end
new text begin An intended parent who consents under section 257E.23 to assisted reproduction by another individual with the intent to be a parent of a child conceived by assisted reproduction is a parent of the child. new text end
new text begin (a) Except as otherwise provided in paragraph (b), the consent described in section 257E.22 must be in a record signed by the individual giving birth to a child conceived by assisted reproduction and an intended parent. new text end
new text begin (b) Failure to consent in a record as required by paragraph (a), before, on, or after the birth of the child does not preclude the court from finding consent to parentage if: new text end
new text begin (1) the individual giving birth to a child or the intended parent proves by clear and convincing evidence the existence of an express agreement entered into before conception that the intended parent and the individual giving birth to the child intended that they both would be parents of the child; or new text end
new text begin (2) the individual giving birth to a child and the intended parent 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 intended parent's child, unless the intended parent 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 individual giving birth to the child and the intended parent intended to reside together in the same household with the child and both intended that the intended parent would openly hold out the child as the intended parent's child, but the intended parent was prevented from carrying out that intent by death or incapacity. 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 parent 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 spouse commences a proceeding to adjudicate the spouse's parentage of the child; and new text end
new text begin (2) the court finds that the spouse did not consent to the assisted reproduction before, on, or after birth of the child, or withdrew consent under section 257E.26. 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 parent 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
new text begin If a marriage of an individual 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 the transfer of gametes or embryos to the individual giving birth to the child, a former spouse of the individual giving birth to the child 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, a dissolution, an annulment, a declaration of invalidity, a legal separation, or separate maintenance, and the former spouse did not withdraw consent under section 257E.26. new text end
new text begin (a) An intended parent who consents under section 257E.23 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 individual 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 this chapter. 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 an individual 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 (i) 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 (ii) 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 (i) the embryo is in utero not later than 36 months after the individual's death; or new text end
new text begin (ii) the child is born not later than 45 months after the individual's death. new text end
new text begin Minnesota Statutes 2022, section 257.56, new text end new text begin is repealed. new text end
Presented to the governor May 14, 2024
Signed by the governor May 15, 2024, 9:35 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes