Paternity

If a man is not married to a child's mother when the child is born, he can become the legal father through the Recognition of Parentage (ROP) form process or through a court order.  See “What is the Recognition of Parentage (ROP) form process?” or “What is the court order for paternity process?” FAQs below for more information.

The ROP form is an official state form with a fairly easy and inexpensive process that can be used to establish the legal relationship between a father and a child when the father and mother are not married. You can download the Recognition of Parentage Form and Instructions on the MN Dept. of Children, Youth, and Families website. You can also get the form at your local County Child Support office. Hospitals often provide the ROP form to parents at the child's birth.

An unmarried mother and father can complete a ROP form stating that they are the biological parents by signing it in front of a notary and filing the form with the MN Dept. of Health. To learn more, see Minn. Stat. § 257.75.

NOTE: If a mother was married to a man who is not the biological father when a child is born, the ROP form alone is not enough to establish the biological father as the legal father. The mother's husband must also sign a separate form called the Spouse's Non-parentage Statement within one year after the child is born.

Properly completing the ROP process, including the Spouse's Non-parentage Statement when it is needed, establishes a legal relationship between the father and child.

Before signing a ROP form or a Spouse's Non-parentage Statement, you should understand what it means to be a legal father and what rights and duties you might receive or give up by signing the forms. Establishing paternity is important for purposes of inheritance, adoption, benefits, parenting time, financial support, health care, school issues, and other reasons. If you have any doubt about the identity of the biological father or have questions about whether to sign a ROP, talk to a lawyer before signing the form.

You can use the Application for a Certified Copy of a Recognition of Parentage form on the MN Dept. of Health website.  You will need to fill out the form, sign it in front of a notary, and mail it to the MN Dept. of Health along with a fee to get a certified copy of a previously filed ROP. The address and fee are included in the form.

If you have already signed a ROP form with the child's mother (usually at the hospital or at the Child Support Office), you and the mother have voluntarily and formally admitted that you are the biological father. If you now believe that you may not be the father, talk with a lawyer about your legal options. Undoing a completed ROP can be a complicated process. You should also talk with a lawyer if there is a court order stating that you are the legal father, but now you want genetic testing.

It is possible to revoke a completed ROP within 60 days after both parents sign the form. To revoke the ROP, the mother or father must sign a written revocation in front of a notary and file it with the Office of Vital Records. See Minn. Stat. § 257.75, subd. 2 and the MN Dept. of Health website for more information. The ROP can also be set aside by court order in limited circumstances. There are strict time limits to do this, so if you want to ask for a court order to revoke a ROP, get legal help right away.
 
The MN Judicial Branch does not publish forms to ask for a court order revoking a ROP. You can get forms to handle a paternity case from a lawyer or legal publisher, or you could check with your local court administrator to find out if they distribute forms at the courthouse. You could also visit your local law library. Again, you are strongly encouraged to get legal advice in this situation.

The ROP form does not give any custody or parenting time rights to the father. The mother still has sole custody under Minnesota law (see Minn. Stat. § 257.541). A parent or the county attorney must start a court action to request an order for custody, parenting time, or child support. Visit the Child Custody & Parenting Time or Child Support Help Topics for more information.

If you want a genetic test to find out whether you are the biological father of a child, you might not need a court order if the mother agrees to do the testing. If the parties agree, they can arrange for testing on their own.

If the parties do not agree to do genetic testing voluntarily, see the “What is the process for getting a court order establishing paternity?” FAQ below for more information on court-ordered genetic testing.

To get a court order establishing paternity, a parent or the county attorney files papers to start a paternity case in the local District Court where the child or the other party lives. If either parent receives public assistance for the child, the county attorney will start the paternity case. The law allows for this so that the county can ask that the other parent be ordered to financially support his child.

In a paternity case, the court decides whether the alleged father is or is not the legal father.

The court may decide to order genetic testing on its own or at the request of a public agency to show whether an alleged father is actually the biological father of a child. The mother or alleged father may also ask the court to order genetic tests, but they must then file an affidavit (sworn statement) alleging or denying paternity and stating facts that show there is a reasonable possibility that there was or was not enough sexual contact between the alleged father and the child's mother to conceive a child. See Minn. Stat. § 257.62 subd.1. The County Child Support Offices can provide more information on genetic testing.

The court may also order payment of child support, decide who has custody of the child, and set a parenting time schedule, if asked by one of the parties.

CAUTION! If you are served with a Summons and Complaint for paternity, you need to respond with your own papers to protect your legal right to ask for genetic testing, deny or agree to paternity, and to say what you would like the judge to order regarding support and custody. The MN Judicial Branch does NOT publish forms and instructions to respond to a paternity Summons and Complaint. You should talk with a lawyer about your legal options and how to prepare the court papers to respond.

If you think you may be the father of a child born to a woman who is not your wife, but paternity has not yet been established by a Recognition of Parentage form or court order, you can register with the MN Father's Adoption Registry (MFAR) within 30 days after the child's birth.

MFAR is for fathers who:

Under MN law, a mother who was not married at the time of her child's birth has sole custody until a court issues a custody order. This is true even if the biological father's name appears on the child's birth certificate. Visit the Child Custody & Parenting Time Help Topic for more details on how to get a court order for custody.

MN law also presumes that a husband is the legal father of a child born to his wife during their marriage. If a woman has a child by someone other than her husband while she is still married, MN law automatically presumes that her husband is the father and he will be legally responsible for the child until paternity is established with the other man. See Minn Stat. § 257.55. The biological father has no legal rights or financial obligations to the child, unless he is established to be the legal father.

Some unmarried parents can cooperate in raising their child without court orders on custody, child support, and parenting time. However, parents may want to take legal action when problems arise such as:
 

• Disputes over who may enroll the child in school and authorize medical treatment;
• The parent with primary custody needs financial support;
• A parent needs help getting parenting time with the child; or
• A parent has serious concerns about the other parent's ability to safely care for the child.

Signing a Recognition of Parentage (ROP) form does not create any custody or parenting time rights or child support obligations. You need a court order to get custody, parenting time, or support. See the Child Custody & Parenting Time and Child Support Help Topics for more information.

If your child is the subject of a Juvenile Court case (for example, child in need of protection or services (CHIPS) or delinquency), it is possible that the Family Court may not be able to make a decision on custody or parenting time issues until the other case is resolved.

You may represent yourself in a paternity case. However, we strongly encourage you to get legal advice from a lawyer, especially if the mother and alleged father do not agree on paternity, custody, or support. The County Attorney's Office may be able to help you establish paternity or set up child support.