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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

257.75 RECOGNITION OF PARENTAGE.
    Subdivision 1. Recognition by parents. The mother and father of a child born to a mother
who was not married to the child's father nor to any other man when the child was conceived
nor when the child was born may, in a writing signed by both of them before a notary public
and filed with the state registrar of vital statistics, state and acknowledge under oath that they
are the biological parents of the child and wish to be recognized as the biological parents.
The recognition must be in the form prepared by the commissioner of human services under
subdivision 5, except that it may also include the joinder in recognition provisions under
subdivision 1a. The requirement that the mother not be married when the child was conceived
nor when the child was born does not apply if her husband or former husband joins in the
recognition under subdivision 1a.
    Subd. 1a. Joinder in recognition by husband. A man who is a presumed father under
section 257.55, subdivision 1, paragraph (a), may join in a recognition of parentage that recognizes
that another man is the child's biological father. The man who is the presumed father under section
257.55, subdivision 1, paragraph (a), must sign an acknowledgment under oath before a notary
public that he is renouncing the presumption under section 257.55, subdivision 1, paragraph
(a), and recognizing that the father who is executing the recognition under subdivision 1 is the
biological father of the child. A joinder in a recognition under this subdivision must be executed
within one year after the child's birth and the joinder must be filed with the state registrar of vital
statistics. The joinder must be on a form prepared by the commissioner of human services. Failure
to properly execute a joinder in a recognition does not affect the validity of the recognition under
subdivision 1. A joinder without a corresponding recognition of parentage has no legal effect.
    Subd. 2. Revocation of recognition. A recognition may be revoked in a writing signed by
the mother or father before a notary public and filed with the state registrar of vital statistics
within the earlier of 60 days after the recognition is executed or the date of an administrative or
judicial hearing relating to the child in which the revoking party is a party to the related action. A
joinder in a recognition may be revoked in a writing signed by the man who executed the joinder
and filed with the state registrar of vital statistics within 60 days after the joinder is executed.
Upon receipt of a revocation of the recognition of parentage or joinder in a recognition, the state
registrar of vital statistics shall forward a copy of the revocation to the nonrevoking parent, or, in
the case of a joinder in a recognition, to the mother and father who executed the recognition.
    Subd. 3. Effect of recognition. Subject to subdivision 2 and section 257.55, subdivision 1,
paragraph (g) or (h), the recognition has the force and effect of a judgment or order determining
the existence of the parent and child relationship under section 257.66. If the conditions in section
257.55, subdivision 1, paragraph (g) or (h), exist, the recognition creates only a presumption
of paternity for purposes of sections 257.51 to 257.74. Once a recognition has been properly
executed and filed with the state registrar of vital statistics, if there are no competing presumptions
of paternity, a judicial or administrative court may not allow further action to determine parentage
regarding the signator of the recognition. An action to determine custody and parenting time may
be commenced pursuant to chapter 518 without an adjudication of parentage. Until an order is
entered granting custody to another, the mother has sole custody. The recognition is:
(1) a basis for bringing an action to award custody or parenting time to either parent,
establishing a child support obligation which may include up to the two years immediately
preceding the commencement of the action, ordering a contribution by a parent under section
256.87, or ordering a contribution to the reasonable expenses of the mother's pregnancy and
confinement, as provided under section 257.66, subdivision 3, or ordering reimbursement for the
costs of blood or genetic testing, as provided under section 257.69, subdivision 2;
(2) determinative for all other purposes related to the existence of the parent and child
relationship; and
(3) entitled to full faith and credit in other jurisdictions.
    Subd. 4. Action to vacate recognition. (a) An action to vacate a recognition of paternity
may be brought by the mother, father, husband or former husband who executed a joinder, or the
child. An action to vacate a recognition of parentage may be brought by the public authority. A
mother, father, or husband or former husband who executed a joinder must bring the action within
one year of the execution of the recognition or within six months after the person bringing the
action obtains the results of blood or genetic tests that indicate that the man who executed the
recognition is not the father of the child. A child must bring an action to vacate within six months
after the child obtains the result of blood or genetic tests that indicate that the man who executed
the recognition is not the father of the child, or within one year of reaching the age of majority,
whichever is later. If the court finds a prima facie basis for vacating the recognition, the court shall
order the child, mother, father, and husband or former husband who executed a joinder to submit
to blood tests. If the court issues an order for the taking of blood tests, the court shall require the
party seeking to vacate the recognition to make advance payment for the costs of the blood tests.
If the party fails to pay for the costs of the blood tests, the court shall dismiss the action to vacate
with prejudice. The court may also order the party seeking to vacate the recognition to pay the
other party's reasonable attorney fees, costs, and disbursements. If the results of the blood tests
establish that the man who executed the recognition is not the father, the court shall vacate the
recognition. If a recognition is vacated, any joinder in the recognition under subdivision 1a is also
vacated. The court shall terminate the obligation of a party to pay ongoing child support based on
the recognition. A modification of child support based on a recognition may be made retroactive
with respect to any period during which the moving party has pending a motion to vacate the
recognition but only from the date of service of notice of the motion on the responding party.
(b) The burden of proof in an action to vacate the recognition is on the moving party. The
moving party must request the vacation on the basis of fraud, duress, or material mistake of fact.
The legal responsibilities in existence at the time of an action to vacate, including child support
obligations, may not be suspended during the proceeding, except for good cause shown.
    Subd. 5. Recognition form. The commissioner of human services shall prepare a form for
the recognition of parentage under this section. In preparing the form, the commissioner shall
consult with the individuals specified in subdivision 6. The recognition form must be drafted so
that the force and effect of the recognition, the alternatives to executing a recognition, and the
benefits and responsibilities of establishing paternity are clear and understandable. The form
must include a notice regarding the finality of a recognition and the revocation procedure under
subdivision 2. The form must include a provision for each parent to verify that the parent has read
or viewed the educational materials prepared by the commissioner of human services describing
the recognition of paternity. The individual providing the form to the parents for execution shall
provide oral notice of the rights, responsibilities, and alternatives to executing the recognition.
Notice may be provided by audiotape, videotape, or similar means. Each parent must receive
a copy of the recognition.
    Subd. 6. Paternity educational materials. The commissioner of human services shall
prepare educational materials for new and prospective parents that describe the benefits and
effects of establishing paternity. The materials must include a description and comparison of
the procedures for establishment of paternity through a recognition of parentage under this
section and an adjudication of paternity under sections 257.51 to 257.74. The commissioner shall
consider the use of innovative audio or visual approaches to the presentation of the materials to
facilitate understanding and presentation. In preparing the materials, the commissioner shall
consult with child advocates and support workers, battered women's advocates and advocates for
domestic abuse victims, social service providers, educators, attorneys, hospital representatives,
and people who work with parents in making decisions related to paternity. The commissioner
shall consult with representatives of communities of color. On and after January 1, 1994, the
commissioner shall make the materials available without cost to hospitals, requesting agencies,
and other persons for distribution to new parents.
    Subd. 7. Hospital and Department of Health distribution of educational materials;
recognition form. Hospitals that provide obstetric services and the state registrar of vital statistics
shall distribute the educational materials and recognition of parentage forms prepared by the
commissioner of human services to new parents and shall assist parents in understanding the
recognition of parentage form, including following the provisions for notice under subdivision 5.
On and after January 1, 1994, hospitals may not distribute the declaration of parentage forms.
    Subd. 8. Notice. If the state registrar of vital statistics receives more than one recognition
of parentage for the same child, the registrar shall notify both signatories on each recognition
that the recognition is no longer final and that each man has only a presumption of paternity
under section 257.55, subdivision 1.
    Subd. 9. Execution by a minor parent. A recognition of parentage executed and filed in
accordance with this section by a minor parent creates a presumption of paternity for the purposes
of sections 257.51 to 257.74.
History: 1Sp1993 c 1 art 6 s 40; 1995 c 216 s 3-6; 1995 c 257 art 4 s 9,10; 1997 c 203 art
6 s 26-30; 1997 c 245 art 1 s 11; art 3 s 8; 1999 c 245 art 7 s 6; 2000 c 444 art 2 s 8; 2000
c 445 art 2 s 7

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