How Long Does a Father Have To Establish Paternity in MINNESOTA

Paternity in Minnesota is defined as the legal determination of a child’s biological father, and its establishment is critical for securing parental rights and responsibilities. According to the Minnesota Department of Human Services, there is no statutory deadline to establish paternity, but unmarried fathers must act promptly. A key step is registering with Minnesota’s Father’s Adoption Registry within 30 days of the child’s birth—not 1 year—to preserve the right to be notified of adoption proceedings.

Paternity can be established through three main mechanisms:

1. Voluntary Recognition of Parentage (ROP) – A legal form signed by both parents.
2. Genetic Testing – A scientifically validated method with over 99.9% accuracy, used when parentage is disputed.
3. Court Adjudication – A legal proceeding initiated by the mother, the alleged father, or the child’s legal guardian.

Establishing paternity ensures access to essential rights and protections. Children gain eligibility for child support, inheritance, social security, medical insurance, and access to familial medical history. According to the American Bar Association, “Legal paternity creates a framework through which both parents can equally participate in the life and welfare of their child.”

Types of paternity include:

• Presumed paternity, usually in marriage.
• Acknowledged paternity, via voluntary form.
• Adjudicated paternity, established by court.

Effectiveness and quality of the paternity process are measured by its legal finality, biological accuracy, and the clarity it provides in custodial and support arrangements. Experts recommend submitting the ROP form as soon as possible after birth and initiating DNA testing when paternity is contested.

How to establish paternity in Minnesota?

Establishing the paternity of a child depends on your circumstance.

In Minnesota paternity establishment occurs in these situations:

Married Couples: Automatic paternity occurs for married couples; no further steps are necessary.

Unmarried Parents: Unmarried parents can establish paternity through two methods:

• Signing the voluntary Recognition of Paternity (ROP) at the hospital or submitted to local registrar or paternity registry office at a latter date.
• One parent must file a paternity petition with Family Court when the mother and putative father disagree on paternity. After the court accepts the petition and schedules a hearing, a judge may order a paternity test.
• Presumed fathers have no strict timeline to establish paternity.

MN Presumption of Paternity

• In Minnesota, married men and men who have a child is born within 300 days after a marriage ends.
• Any child conceived in a marriage even if the husband is not the biological father. The husband is presumed the legal father.

What you need to know before signing a voluntary Recognition of Paternity?

Before signing a ROP form at a hospital of child support office both parents must:

1. Receive written and oral information about:
   • Available alternatives
   • Legal rights and responsibilities
   • Consequences of signing the document
2. Have the opportunity to review all information privately (without the other parent present)
3. If under 18 years old, be given time to consult with an adult before signing

Important note: An Recognition of Paternity form is legally binding once signed, and no further court action is required to establish paternity.

Can paternity establishment be rescinded?

Yes. Paternity establishment can be rescinded within The action was filed within 60 days after signing the recognition of paternity. Both the mother and presumed father must sign a Voluntary Recognition of Parentage Revocation Form for the rescission to take effect.

Please keep in mind mothers cannot rescind paternity after she has signed a Recognition of Paternity.

Establishing Joint Legal Custody for Unmarried Parents

Custody Types

• Physical Custody: Determines child’s residence
• Legal Custody: Determines decision-making authority for education, healthcare, religious training, and access to records

Default Status

• Mother automatically has physical custody unless court orders otherwise
• Mother has sole legal custody by default

Requirements for Joint Legal Custody

To establish joint legal custody, unmarried parents must:

1. Complete ROP form.
2. Obtain genetic test from accredited laboratory confirming biological paternity

Important Consequences

If parents fail to submit test results or genetic testing proves man is not the biological father:

• Man who signed acknowledgment of paternity remains legal father
• Joint legal custody agreement becomes void
• Mother retains sole legal custody

What are the benefits of establishing paternity in Minnesota

The key benefits of establishing paternity in Minnesota for unmarried parents are:

Benefits for the child

• Receives financial support from both parents
• Gains access to father’s health insurance
• Secures inheritance rights through father
• Obtains access to father’s family medical history
• Social Security benefits

For Parental Rights

• Both parents participate in child naming decisions
• Father gains legal recognition
• Creates foundation for child custody arrangements
• Establishes visitation rights framework

For Legal Implications

• Enables child support enforcement
• Creates legal basis for parental responsibilities
• Protects father’s rights to involvement
• Provides documentation for government benefits

In essence, establishing paternity creates legal recognition of the father-child relationship, which in turn enables rights and responsibilities for both parents and provides important benefits for the child’s well-being and future.

Please keep in mind married parents do not have to establish paternity. A child conceived within a marriage the husband is automatically deemed the legal father.

How to get a court ordered paternity test in Minnesota?

Below we list the ways to establish paternity through two methods:

1. Court process: File paternity action, to obtain court-ordered DNA test.
2. Mutual agreement: Parents consent to testing without court involvement.

Requirements:

• Only AABB-accredited laboratories qualify for legal testing. All legal paternity testing services we provide are performed by a partner AABB accredited lab.
• Test results establish biological relationship.
• Documentation is recognized by Family Court in Minnesota.

Does signing a birth certificate establish paternity in Minnesota?

In Minnesota, signing a voluntary Recognition of Paternity (ROP) establishes legal paternity for unmarried fathers. When both parents sign this form, typically at the hospital after birth, it creates a legally binding determination of paternity.

The AOP is filed with the Office of Vital Records, which then authorizes the addition of the father’s name to the birth certificate. This signature carries the same legal weight as a court order establishing paternity.

It should be noted a completed voluntary Recognition of Paternity can be submitted to Minnesota Department of Health or child support agencies.

When is it too late for a DNA test in Minnesota?

There is never a time limit for performing a DNA test in Minnesota. DNA testing is available to anyone at any age, regardless of circumstances.

However, using DNA test results to legally establish paternity through Minnesota courts does have time limitations:

– For children under 18, paternity can be established through the family court system.

– After age 18, the family court process for establishing legal paternity is no longer available.

Adult children and parents can still complete DNA testing to confirm biological relationships for personal knowledge, legal reasons, or other non-court purposes.

For specific questions about DNA testing or how to use your results based on your situation, please contact our office at 888-970-4211.

Why Choose Secure DNA Tests MN?

With many DNA testing companies available today, choosing the right service can be confusing. Secure DNA Tests Minnesota prioritizes the customer by providing a personalized experience for each individual. We dedicate time to those inquiring about the process of establishing paternity through DNA testing or any related services.

In addition to our strong partnerships with AABB-accredited laboratories and our expansive network of DNA sample collection professionals nationwide, S-DNA is a trusted resource for family law attorneys, family courts, and medical professionals.

For reliable and accurate DNA relationship testing services, call Secure DNA Tests Minnesota at 888-970-4211 to get started today.