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Minnesota Legislature

Office of the Revisor of Statutes

518C.701 PROCEEDING TO DETERMINE PARENTAGE.

(a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law or procedure substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

(b) In a proceeding to determine parentage, a responding tribunal of this state shall apply the Parentage Act, sections 257.51 to 257.74, and the rules of this state on choice of law.

NOTE: This section was amended by Laws 2014, chapter 189, section 55, and becomes effective on the date that the United States deposits the instrument of ratification for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance with the Hague Conference on Private International Law. Laws 2014, chapter 189, section 73. When effective the section will read:

"518C.701 DEFINITIONS.

In sections 518C.701 to 518C.713:

(a) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

(b) "Central authority" means the entity designated by the United States or a foreign country described in section 518C.101, paragraph (e), clause (4), to perform the functions specified in the convention.

(c) "Convention support order" means a support order of a tribunal of a foreign country described in section 518C.101, paragraph (e), clause (4).

(d) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.

(e) "Foreign central authority" means the entity designated by a foreign country described in section 518C.101, paragraph (e), clause (4), to perform the functions specified in the convention.

(f) "Foreign support agreement":

(1) means an agreement for support in a record that:

(i) is enforceable as a support order in the country of origin;

(ii) has been:

(A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or

(B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and

(iii) may be reviewed and modified by a foreign tribunal; and

(2) includes a maintenance arrangement or authentic instrument under the convention.

(g) "United States central authority" means the Secretary of the United States Department of Health and Human Services."