Bill Text: MN SF727 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Assisted reproduction paternity and maternity determinations modifications
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-03-10 - Referred to Judiciary and Public Safety [SF727 Detail]
Download: Minnesota-2011-SF727-Introduced.html
1.2relating to assisted reproduction; modifying certain provisions related to
1.3determinations of paternity and maternity;amending Minnesota Statutes 2010,
1.4sections 257.54; 257.541, subdivision 1; 257.55, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 257.54, is amended to read:
1.7257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED.
1.8 Subdivision 1. General. The parent and child relationship between a child and:
1.9(a) the biological mother may be established by proof of her having given birth to
1.10the child, or under sections257.51 to
257.74 or
257.75 ;
1.11(b) the biological father may be established under sections257.51 to
257.74 or
1.12257.75
; or
1.13(c) an adoptive parent may be established by proof of adoption.
1.14 Subd. 2. Application of paternity provisions to maternity determination.
1.15Provisions of sections 257.51 to 257.74 or 257.75 relating to determination of paternity,
1.16including all presumptions and procedures, apply to determinations of maternity.
1.17 Sec. 2. Minnesota Statutes 2010, section 257.541, subdivision 1, is amended to read:
1.18 Subdivision 1. Mother's right to custody. (a) Thebiological birth mother of a child
1.19born to a mother who was not married to the child's father when the child was born and
1.20was not married to the child's father when the child was conceived has sole custody of the
1.21child until paternity has been established under sections257.51 to
257.74 , or until custody
1.22is determined in a separate proceeding under section518.156 .
2.1(b) This subdivision does not apply in a contested paternity or maternity proceeding
2.2if the pregnancy was initiated by means other than sexual intercourse pursuant to an
2.3express written agreement among all known presumptive parents, entered into prior to
2.4the initiation of the pregnancy, under which another woman is identified as the intended
2.5mother.
2.6 Sec. 3. Minnesota Statutes 2010, section 257.55, subdivision 1, is amended to read:
2.7 Subdivision 1. Presumption. A man is presumed to be the biological father of
2.8a child if:
2.9 (a) he and the child's biological mother are or have been married to each other and
2.10the child is born during the marriage, or within 280 days after the marriage is terminated
2.11by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of
2.12legal separation is entered by a court. The presumption in this paragraph does not apply if
2.13the man has joined in a recognition of parentage recognizing another man as the biological
2.14father under section257.75 , subdivision 1a;
2.15 (b) before the child's birth, he and the child's biological mother have attempted to
2.16marry each other by a marriage solemnized in apparent compliance with law, although the
2.17attempted marriage is or could be declared void, voidable, or otherwise invalid, and:
2.18 (1) if the attempted marriage could be declared invalid only by a court, the child
2.19is born during the attempted marriage, or within 280 days after its termination by death,
2.20annulment, declaration of invalidity, dissolution or divorce; or
2.21 (2) if the attempted marriage is invalid without a court order, the child is born within
2.22280 days after the termination of cohabitation;
2.23 (c) after the child's birth, he and the child's biological mother have married, or
2.24attempted to marry, each other by a marriage solemnized in apparent compliance with
2.25law, although the attempted marriage is or could be declared void, voidable, or otherwise
2.26invalid, and:
2.27 (1) he has acknowledged his paternity of the child in writing filed with the state
2.28registrar of vital statistics;
2.29 (2) with his consent, he is named as the child's father on the child's birth record; or
2.30 (3) he is obligated to support the child under a written voluntary promise or by
2.31court order;
2.32 (d) while the child is under the age of majority, he receives the child into his home
2.33and openly holds out the child as his biological child;
2.34 (e) he and the child's biological mother acknowledge his paternity of the child in a
2.35writing signed by both of them under section257.34 and filed with the state registrar of
3.1vital statistics. If another man is presumed under this paragraph to be the child's father,
3.2acknowledgment may be effected only with the written consent of the presumed father or
3.3after the presumption has been rebutted;
3.4 (f) he and the child's biological mother have executed a recognition of parentage
3.5in accordance with section257.75 and another man is presumed to be the father under
3.6this subdivision;
3.7 (g) he and the child's biological mother have executed a recognition of parentage in
3.8accordance with section257.75 and another man and the child's mother have executed a
3.9recognition of parentage in accordance with section257.75 ; or
3.10 (h) he and the child's biological mother executed a recognition of parentage in
3.11accordance with section257.75 when either or both of the signatories were less than
3.1218 years of age.; or
3.13(i) the pregnancy was initiated by means other than sexual intercourse and he was
3.14intended at the outset of the process to be the legal parent of any resulting child pursuant
3.15to an express written agreement among all known presumptive parents entered into prior
3.16to the initiation of the pregnancy.
3.17 Sec. 4. EFFECTIVE DATE; APPLICATION.
3.18Sections 1 to 3 are effective August 1, 2011, and apply to actions filed on or after
3.19that date.
1.3determinations of paternity and maternity;amending Minnesota Statutes 2010,
1.4sections 257.54; 257.541, subdivision 1; 257.55, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 257.54, is amended to read:
1.7257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED.
1.8 Subdivision 1. General. The parent and child relationship between a child and:
1.9(a) the biological mother may be established by proof of her having given birth to
1.10the child, or under sections
1.11(b) the biological father may be established under sections
1.13(c) an adoptive parent may be established by proof of adoption.
1.14 Subd. 2. Application of paternity provisions to maternity determination.
1.15Provisions of sections 257.51 to 257.74 or 257.75 relating to determination of paternity,
1.16including all presumptions and procedures, apply to determinations of maternity.
1.17 Sec. 2. Minnesota Statutes 2010, section 257.541, subdivision 1, is amended to read:
1.18 Subdivision 1. Mother's right to custody. (a) The
1.19born to a mother who was not married to the child's father when the child was born and
1.20was not married to the child's father when the child was conceived has sole custody of the
1.21child until paternity has been established under sections
1.22is determined in a separate proceeding under section
2.1(b) This subdivision does not apply in a contested paternity or maternity proceeding
2.2if the pregnancy was initiated by means other than sexual intercourse pursuant to an
2.3express written agreement among all known presumptive parents, entered into prior to
2.4the initiation of the pregnancy, under which another woman is identified as the intended
2.5mother.
2.6 Sec. 3. Minnesota Statutes 2010, section 257.55, subdivision 1, is amended to read:
2.7 Subdivision 1. Presumption. A man is presumed to be the biological father of
2.8a child if:
2.9 (a) he and the child's biological mother are or have been married to each other and
2.10the child is born during the marriage, or within 280 days after the marriage is terminated
2.11by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of
2.12legal separation is entered by a court. The presumption in this paragraph does not apply if
2.13the man has joined in a recognition of parentage recognizing another man as the biological
2.14father under section
2.15 (b) before the child's birth, he and the child's biological mother have attempted to
2.16marry each other by a marriage solemnized in apparent compliance with law, although the
2.17attempted marriage is or could be declared void, voidable, or otherwise invalid, and:
2.18 (1) if the attempted marriage could be declared invalid only by a court, the child
2.19is born during the attempted marriage, or within 280 days after its termination by death,
2.20annulment, declaration of invalidity, dissolution or divorce; or
2.21 (2) if the attempted marriage is invalid without a court order, the child is born within
2.22280 days after the termination of cohabitation;
2.23 (c) after the child's birth, he and the child's biological mother have married, or
2.24attempted to marry, each other by a marriage solemnized in apparent compliance with
2.25law, although the attempted marriage is or could be declared void, voidable, or otherwise
2.26invalid, and:
2.27 (1) he has acknowledged his paternity of the child in writing filed with the state
2.28registrar of vital statistics;
2.29 (2) with his consent, he is named as the child's father on the child's birth record; or
2.30 (3) he is obligated to support the child under a written voluntary promise or by
2.31court order;
2.32 (d) while the child is under the age of majority, he receives the child into his home
2.33and openly holds out the child as his biological child;
2.34 (e) he and the child's biological mother acknowledge his paternity of the child in a
2.35writing signed by both of them under section
3.1vital statistics. If another man is presumed under this paragraph to be the child's father,
3.2acknowledgment may be effected only with the written consent of the presumed father or
3.3after the presumption has been rebutted;
3.4 (f) he and the child's biological mother have executed a recognition of parentage
3.5in accordance with section
3.6this subdivision;
3.7 (g) he and the child's biological mother have executed a recognition of parentage in
3.8accordance with section
3.9recognition of parentage in accordance with section
3.10 (h) he and the child's biological mother executed a recognition of parentage in
3.11accordance with section
3.1218 years of age
3.13(i) the pregnancy was initiated by means other than sexual intercourse and he was
3.14intended at the outset of the process to be the legal parent of any resulting child pursuant
3.15to an express written agreement among all known presumptive parents entered into prior
3.16to the initiation of the pregnancy.
3.17 Sec. 4. EFFECTIVE DATE; APPLICATION.
3.18Sections 1 to 3 are effective August 1, 2011, and apply to actions filed on or after
3.19that date.
