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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.
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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.
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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.
Notes of Decisions
Cited in
15
cases, 1982–2008 · leading case:
Wilson v. Speer, 499 N.W.2d 850 (Minn. Ct. App. 1993).
Wilson v. Speer, 499 N.W.2d 850 (Minn. Ct. App. 1993).
· cites it 32× “See Minn.Stat. §§ 257.34, subd. 1, 257.55, subd.”
Morey v. Peppin, 375 N.W.2d 19 (Minn. 1985).
· cites it 14× “The court of appeals declared that Peppin "acknowledged that he was the biological father of Chad Morey in a written signed affidavit by both of the parties before a notary public as required by Minn.Stat. § 257.34 (Supp.1983).” Morey v.”
Beardsley v. Garcia, 753 N.W.2d 735 (Minn. 2008).
· cites it 8× “Minn.Stat. § 257.34, subd. 1 (2006). By signing a declaration of parentage, an unmarried father created a presumption of paternity under the Parentage Act.”
In Re the Welfare of C.M.G., 516 N.W.2d 555 (Minn. Ct. App. 1994).
· cites it 12× “He executed a second declaration on September 9, 1987, and filed it on October 13, 1987, pursuant to Minn.Stat. § 257.34, subd. 1 (1992). Thus, a valid presumption of Lyke's paternity arose in October 1987.”
Berrisford v. Berrisford, 322 N.W.2d 742 (Minn. 1982).
· cites it 10× “” The trial court denied this motion on the ground that appellant had signed sworn declarations of biological parentage which complied with Minn.Stat. § 257.34 (1980) and under subdivision 2 of this statute these declarations are “conclusive evidence of all the matters stated…”
Custody of the Child of Williams v. Carlson, 701 N.W.2d 274 (Minn. Ct. App. 2005).
· cites it 8× “Minn.Stat. § 257.34, subd. 1 (2004). The execution of a DOP “creates[s] a presumption that the signatory is the biological father of the child for the purposes of [the Parentage Act].”
Ozenna v. Parmelee, 377 N.W.2d 483 (Minn. Ct. App. 1985).
· cites it 8× “This document qualifies as an acknowl-edgement of paternity under Minn.Stat. § 257.34 (1984). We also note that respondent has always held himself out as the father of the three children, his name is on their birth certificates, and an Alaskan court order granted respondent…”
Morey v. Peppin, 353 N.W.2d 179 (Minn. Ct. App. 1984).
· cites it 4× “-74, the father’s rights of visitation or custody are determined under sections 518.17 and 518.175. Here, appellant acknowledged that he was the biological father of Chad Morey in a written signed affidavit by both of the parties before a notary public as required by Minn.”
Latourell v. Dempsey, 518 N.W.2d 564 (Minn. 1994).
· cites it 2× “2(b), where paternity has not been acknowledged under section 257.34 and paternity has been established under sections 257.”
In Re the Welfare of A.M.P., 507 N.W.2d 616 (Minn. Ct. App. 1993).
· cites it 2× “Minn.Stat. § 257.34, subd. .1(d) (1992). He submitted the declaration to the county for filing on or about that same day.”
State, Douglas Cty. Ex Rel. Ward v. Carlson, 409 N.W.2d 490 (Minn. 1987).
· cites it 2× “'s birth certificate; or (3) he is obligated to support the child under a written voluntary promise or by court order; (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child; or (e) He and the…”
Rutanen v. Olson, 475 N.W.2d 100 (Minn. Ct. App. 1991).
· cites it 2× “175 (1990) when “paternity has been acknowledged under section 257.34 and paternity has been established under [Minn.”
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