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Minn. Stat. § 257.34

DECLARATION OF PARENTAGE.

Known as the Parentage Act

The act spans §§ 257–257 (51 sections).

Applied in 11 court decisions — leading case In Re the Welfare of C.M.G. (1994)

Most recently applied in Beardsley v. Garcia (July 2008)

1980 c 561 s 3; 1981 c 349 s 1; 1983 c 7 s 7; 1983 c 243 s 5 subd 7; 1985 c 250 s 23; 1987 c 384 art 2 s 64; 1987 c 403 art 3 s 45; 1994 c 631 s 31; 1995 c 257 art 4 s 3; 2000 c…

How often courts cite this section

198219902000200830
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Subdivision 1. Acknowledgment by parents.

The mother and father of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born may, in a writing signed by both of them before a notary public, declare and acknowledge under oath that they are the biological parents of the child. The declaration may provide that any such child born to the mother at any time before or up to ten months after the date of execution of the declaration is the biological child of the signatories. Execution of the declaration shall:

(a) have the same consequences as an acknowledgment by the signatories of parentage of the child for the purposes of sections 62A.041 and 62C.14, subdivision 5a ;

(b) be conclusive evidence that the signatories are parents of the child for the purposes of sections 176.111 , 197.75 , and 197.752 ;

(c) create a presumption that the signatory is the biological father of the child for the purposes of sections 257.51 to 257.74 ;

(d) when timely filed with the Department of Health as provided in section 259.52 , qualify as an affidavit stating the intention of the signatories to retain parental rights as provided in section 259.52 if it contains the information required by section 259.52 or rules promulgated thereunder;

(e) have the same consequences as a writing declaring paternity of the child for the purposes of section 524.2-109 ; and

(f) be conclusive evidence that the signatories are parents of the child for the purposes of chapter 573.

Subd. 2.

[Repealed, 1987 c 403 art 3 s 98 ]

Subd. 3. Effect of declaration.

The declaration authorized by subdivision 1 shall not affect the rights or duties arising out of a parent-child relationship of any person not a signatory to the declaration claiming to be the parent of the child nor shall the declaration impair any rights of the child arising out of a parent-child relationship against any person not a signatory to the declaration.

Subd. 4. Expiration of authority for declarations.

No acknowledgment of parentage shall be entered into on or after August 1, 1995, under this section. The mother and father of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born may before, on, or after August 1, 1995, sign a recognition of parentage under section 257.75 .

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.