Last reviewed
A recognition of parentage in Minnesota is a sworn form that unmarried parents sign to establish a child’s legal father without going to court. Often called an “ROP,” it is usually offered at the hospital after a birth. Once properly signed and filed, it generally has the same force as a court judgment of paternity. The rules appear in Minn. Stat. § 257.75. This page explains who may sign, what the form does and does not do, and how it may be revoked or vacated. It is part of the site’s guide to custody and parenting in Minnesota.
Who May Sign
A recognition may be signed by the mother and father of a child whose mother was not married to the father, or to anyone else, when the child was conceived or born (§ 257.75, subd. 1). Both parents must state under oath that they are the child’s biological parents. They must sign before a notary public, using the state form, and the form must be filed with the state registrar of vital records.
When the Mother Is Married to Someone Else
If the mother’s husband or former husband is a presumed father, a recognition is still possible. He must join in it by signing a sworn statement renouncing his presumption (subd. 1a). The joinder must be signed within one year after the child’s birth and filed with the registrar. Without a joinder, the recognition may not override the marital presumption.
Where the Form Is Signed
Hospitals that provide obstetric services must offer the form and educational materials to new parents. They must also help parents understand it, provide notary services, and file the completed form (§ 257.75, subd. 7). Parents may also sign later, through the state registrar or a county office.
Before signing, each parent must receive oral notice of the rights, responsibilities, and alternatives. Each must also confirm having read or viewed the state’s educational materials (subd. 5(b)–(c)).
The Legal Effect
A properly executed and filed recognition has the force of a judgment determining the parent-child relationship (§ 257.75, subd. 3(a)). If no competing presumption exists, a court may not allow further action to determine parentage of the man who signed it.
The recognition is a basis for a court action seeking (subd. 3(c)):
- temporary or permanent custody or parenting time;
- child support, which may reach back up to two years before the action began;
- contribution toward the mother’s pregnancy and birth expenses; and
- reimbursement of genetic testing costs.
It is also determinative for all other purposes related to parentage, such as inheritance and benefits. Furthermore, other states must give it full faith and credit.
When It Creates Only a Presumption
In some cases, the recognition is not conclusive. It creates only a presumption of paternity if another man and the mother have also signed a recognition, or if either signer was under 18 (subd. 3(a), 9; § 257.55, subd. 1(g)–(h)). When the registrar receives more than one recognition for the same child, it must notify each signer that the recognition is no longer final (subd. 8).
What a Recognition Does Not Do
The most commonly misunderstood point is custody. A recognition does not give the father an enforceable right to custody or parenting time. The state form must say so in large print (§ 257.75, subd. 5(b)(2)).
Until a court orders otherwise, the mother has sole custody (subd. 3(a)). A father who wants a schedule must start a custody action under Minn. Stat. § 518.156. That case is treated as an initial custody determination under the best-interests standards of § 518.17 (§ 257.541, subd. 3). See Custody for Unmarried Parents.
When the parents agree on custody, parenting time, and support, they may file a joint petition, agreement, and proposed order, with the recognition attached (§ 518.156, subd. 5).
Revoking a Recognition
A parent who changes his or her mind has a short window. Either signer may revoke the recognition in a notarized writing filed with the registrar. The deadline is the earlier of (§ 257.75, subd. 2):
- 60 days after the recognition was signed; or
- the date of a court or administrative hearing about the child in which the revoking parent is a party.
A joinder may likewise be revoked within 60 days after it is signed.
Vacating a Recognition
After the revocation period, the recognition can be undone only by a court action to vacate it (§ 257.75, subd. 4). Key rules include:
- Grounds. The moving party must prove fraud, duress, or a material mistake of fact.
- Deadlines. A parent must generally file within one year after signing, or within six months after obtaining genetic test results showing the signer is not the father. A child has a separate, later deadline.
- Testing. If the court finds a prima facie case, it orders genetic testing, which the moving party must prepay.
- Ongoing duties. Existing obligations, including child support, continue during the case unless the court finds good cause.
If the tests exclude the man who signed, the court must vacate the recognition and end his ongoing support obligation. For the broader adjudication process, see Paternity in Minnesota.
Before Signing
- Be certain of biological parentage. If there is any doubt, genetic testing first is far simpler than vacating later.
- Understand the custody limitation. Signing does not create a parenting schedule.
- Keep a copy. Each parent must receive one, and it will be needed in any later custody or support case.
Minn. Stat. § 257.75
Authorizes the recognition of parentage, gives it the effect of a paternity judgment, limits its custody effect, and sets deadlines to revoke or vacate it.
Questions about custody or parenting time?
Minnesota courts decide custody under the best-interests factors in Minn. Stat. § 518.17. Majeski Law can explain how those factors may apply to your family.
Contact Majeski Law onlineNothing on this site is legal advice. Contacting Majeski Law does not by itself create an attorney-client relationship.