Establishing Paternity is Imperative to Protect Your Rights in Minnesota

Establishing Paternity/Parentage in Minnesota 

There are two methods for establishing paternity/parentage. The first is through the Recognition of Parentage, which is a document signed by the parents at the time of the minor child’s live birth, or if the Recognition of Parentage was not signed, by motion to the court to conduct a paternity test (DNA test) to determine parentage.  

Recognition of Parentage (ROP)

At the time of birth, both parents may agree to establish parentage by signing a Recognition of Parentage form. This form is a voluntary legal document that must be:

  • Signed by both parents,

  • Notarized, and

  • Filed with the Minnesota Department of Health

Once filed, the Recognition of Parentage establishes the parent’s (father’s) right to pursue child custody, parenting time, and child support without having to prove parentage through a paternity test. The Recognition of Parentage does not automatically grant the parent (father) child custody, parenting time, and/or child support. Instead, custody, parenting time, and child support can only be addressed through court proceedings. It also establishes the other parent’s (mother’s) right to pursue child support. 

Court-Ordered Paternity Action

If either parent disputes paternity and no signed Recognition of Parentage exists, paternity must be established by requesting paternity test be completed. This process may include:

  • Filing a petition in family court,

  • Genetic (DNA) testing,

  • A court hearing, and

  • A judicial determination of paternity

Once the court establishes paternity, the court may issue orders regarding child custody, parenting time, and child support.

Who Can File a Paternity Case in Minnesota?

Paternity actions can be filed by:

  • The child’s mother,

  • The other parent,

  • The child (through a legal guardian), or

  • The County Attorney’s Office (if the child receives public assistance).

What Happens After Paternity Is Established?

After paternity is legally recognized, the court may also decide:

  • Legal Custody – The right to make major decisions about the child’s upbringing.

  • Physical Custody – Where and with whom the child primarily lives.

  • Parenting Time – A schedule of time the child spends with each parent.

  • Child Support – Financial support based on Minnesota’s child support guidelines.

Once paternity is established, the Court may proceed with evaluation of custody and parenting time by determining what is in the best interests of the child, using the 12 statutory factors outlined in Minnesota law (Minn. Stat. § 518.17).

Challenging Paternity

If paternity was acknowledged through a ROP, either parent can request revocation of the ROP within 60 days of signing the document. After that, challenging paternity requires filing a motion in court and showing fraud, duress, or material mistake of fact, or other, and generally must occur within one year.

Paternity cases in Minnesota can be legally and emotionally complex. An experienced family law attorney can help you:

  • Navigate the legal process

  • File or respond to paternity petitions

  • Secure custody, parenting time, or child support

  • Protect your parental rights

Paternity cases in Minnesota are legal proceedings an unmarried biological parent of a minor child may commence that establishes legal rights pertaining to child support, legal and physical custody, and parenting time.

Paternity (Establishment of Parentage) Described

Paternity refers to the legal recognition of an unmarried parent (generally the father) of a minor child. Without a court-recognized determination of paternity, the unmarried parent’s right and the rights of the minor child regarding child support are potentially non-existent. Merely signing a Recognition of Parentage does not necessarily establish the right to legal custody, parenting time, or child support. Rather, the Recognition of Parentage is generally the first step toward establishing these rights. 

Establishing paternity/parentage in Minnesota offers several benefits:

  • Parental Rights - permits the parent seeking establishment of paternity/parentage the right to pursue court-ordered custody and parenting time of the minor child.

  • Child Support - enables either parent or state to seek child support.

  • Access to Benefits - The minor child may receive benefits through the parent, such as: health insurance, inheritance, Social Security, veteran’s benefits, and other benefits.