Paternity in Minnesota

Last reviewed November 3, 2026

Paternity in Minnesota is the legal recognition of a child’s father. When parents are not married, paternity must be established before a father has enforceable rights to custody or parenting time, and before a court can order support from him. Paternity cases are governed by the Parentage Act, Minn. Stat. §§ 257.51 to 257.74. This page explains the presumptions of paternity, who may bring an action, how genetic testing works, and what a judgment decides. It is part of the site’s guide to custody and parenting in Minnesota.

Two Ways to Establish Paternity

Minnesota offers two main routes:

• A recognition of parentage, a sworn form both parents sign and file with the state registrar of vital records (§ 257.75). See Recognition of Parentage.
• A court adjudication under the Parentage Act, described on this page.

A court case is needed when the parents disagree, when paternity is uncertain, or when another man is presumed to be the father.

Presumptions of Paternity

A man is presumed to be a child’s biological father in several situations (§ 257.55, subd. 1). The most common include:

• he is married to the mother and the child is born during the marriage, or within 280 days after it ends;
• he and the mother married after the birth, and he acknowledged paternity in writing, is named on the birth record with his consent, or is obligated to support the child;
• while the child is a minor, he receives the child into his home and openly holds the child out as his own; or
• he and the mother signed a recognition of parentage, and another man is also presumed to be the father.

A presumption may be rebutted only by clear and convincing evidence. When presumptions conflict, the one founded on the weightier considerations of policy and logic controls (subd. 2).

Who May Bring an Action

The people who may sue depend on the type of presumption involved (§ 257.57). In general, the action may be brought by:

• the child, through a representative;
• the mother;
• a man alleged or alleging himself to be the father;
• a presumed father; or
• the county public authority responsible for the child’s support.

Counties often start paternity cases when a child receives public assistance or a parent applies for child support services. If the action is filed before birth, the case is stayed until after the child is born, apart from service and certain depositions (subd. 5). No paternity action may be brought for an adopted child (subd. 6).

Time Limits

An action to establish that a presumed father is the father may be brought at any time. Challenges to a presumption, however, face strict deadlines. For example, a challenge to the marital presumption generally must be filed within two years after the challenger has reason to believe the presumed father is not the father. It may not be filed later than three years after the child’s birth, with a narrow exception (§ 257.57, subd. 1). Other presumptions carry different limits, some measured from receipt of genetic test results (subd. 2).

Because these deadlines can permanently fix legal parentage, they should be checked early in any case.

Genetic Testing

The court or public authority may order genetic testing, and it must do so if a party asks (§ 257.62, subd. 1). The requesting parent files an affidavit describing the facts that make paternity reasonably possible, or not. A party has 30 days after service of the results to object in writing.

The results carry significant legal weight (subd. 5):

Probability of paternity	Legal effect
92 percent or greater	On motion, the court must order temporary child support
99 percent or greater	Presumption of paternity; the opposing party must disprove it by clear and convincing evidence

A biological finding does not always decide legal fatherhood. The court may still adjudicate another man as the legal father under the rules for conflicting presumptions.

What the Judgment Decides

A judgment establishing or denying paternity is determinative for all purposes (§ 257.66, subd. 1). The judgment may address (subd. 3):

• child support, under chapter 518A;
• custody and parenting time;
• the child’s name;
• a share of pregnancy and birth expenses, including medically necessary lost wages; and
• any other matter in the child’s best interests.

If the judgment differs from the birth record, the court orders a new birth record (subd. 2). Custody and parenting time are decided under § 257.541, which applies the best-interests standards of chapter 518. See Custody for Unmarried Parents.

Past Support

A father’s liability for past support is limited to the share the court finds just of expenses incurred in the two years before the action began (§ 257.66, subd. 4). In certain hardship situations, the court may also deviate downward from the guidelines. For how ongoing support is calculated, see the worked child support example.

Practical Considerations

1. Act promptly. Delay can affect past support, deadlines to challenge presumptions, and a father’s relationship with the child.
2. Request testing when in doubt. Genetic testing is far simpler before a judgment than after.
3. Remember that paternity alone does not set a schedule. A father must still seek custody or parenting time from the court.
4. Ask about appointed counsel. A party who cannot afford a lawyer is entitled to appointed counsel, limited to the issue of parentage (§ 257.69, subd. 1). See Court-Appointed Attorneys.