2007 Minnesota Statutes

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:
(a) At any time for the purpose of declaring the existence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or
(b) 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.
History: 1980 c 589 s 7; 1986 c 444; 1987 c 403 art 3 s 46,96; 1989 c 282 art 2 s 162; 1990
c 568 art 2 s 65; 1991 c 292 art 5 s 69; 1993 c 322 s 5; 1Sp1993 c 1 art 6 s 36; 1995 c 207 art
10 s 8; 1995 c 216 s 2; 1995 c 257 art 4 s 5; 2006 c 280 s 3