Minnesota Statutes

Minn. Stat. § 257.55 (2026)

Presumption Of Paternity

✓ current as of May 2026

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Subdivision 1.Presumption.

A man is presumed to be the biological father of a child if:

(a) he and the child's biological mother are or have been married to each other and the child is born during the marriage, or within 280 days after the marriage is terminated by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of legal separation is entered by a court. The presumption in this paragraph does not apply if the man has joined in a recognition of parentage recognizing another man as the biological father under section 257.75, subdivision 1a;

(b) before the child's birth, he and the child's biological mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid, and:

(1) if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 280 days after its termination by death, annulment, declaration of invalidity, dissolution or divorce; or

(2) if the attempted marriage is invalid without a court order, the child is born within 280 days after the termination of cohabitation;

(c) after the child's birth, he and the child's biological mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid, and:

(1) he has acknowledged his paternity of the child in writing filed with the state registrar of vital records;

(2) with his consent, he is named as the child's father on the child's birth record; 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 biological child;

(e) he and the child's biological mother acknowledge his paternity of the child in a writing signed by both of them under section 257.34 and filed with the state registrar of vital records. If another man is presumed under this paragraph to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted;

(f) he and the child's biological mother have executed a recognition of parentage in accordance with section 257.75 and another man is presumed to be the father under this subdivision;

(g) he and the child's biological mother have executed a recognition of parentage in accordance with section 257.75 and another man and the child's mother have executed a recognition of parentage in accordance with section 257.75; or

(h) he and the child's biological mother executed a recognition of parentage in accordance with section 257.75 when either or both of the signatories were less than 18 years of age.

Subd. 2.Rebuttal.

A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

Notes of Decisions

Cited in 61 cases (2 in the last 5 years), 1982–2024 · leading case: Witso v. Overby, 627 N.W.2d 63 (Minn. 2001).

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Witso v. Overby, 627 N.W.2d 63 (Minn. 2001). · cites it 128× “Minn.Stat. § 257.55, subd. 1(a) (2000). Witso alleges however, that he and Overby became involved in a two-year extra-marital affair that included frequent sexual contact during the period in which M.”

In Re the Est. of Jotham, 722 N.W.2d 447 (Minn. 2006). · cites it 120× “Minn.Stat. § 257.55, subd. 1 (2004). The district court concluded that the statute of limitations in Minn.”

Kelly v. Cataldo, 488 N.W.2d 822 (Minn. Ct. App. 1992). · cites it 70× “Appellant appears as a man presumed to be the father under Minn.Stat. § 257.55, subd. 1(f). Respondent Pamela Cataldo has expressly denied the existence of his relationship as father of M.”

In Re the Welfare of C.M.G., 516 N.W.2d 555 (Minn. Ct. App. 1994). · cites it 40× “Minn.Stat. § 257.55, subd. 1(e) (1992). On July 14, 1987, four days after C.”

Wilson v. Speer, 499 N.W.2d 850 (Minn. Ct. App. 1993). · cites it 40× “Where there has been no formal adjudication of paternity, may the court order guideline child support from a man presumed the father of a child under Minn. Stat. § 257.55 , subd. 1(e) (1990), where the presumption arises from a signed declaration of parentage? 2.”

Marriage of Clay v. Clay, 397 N.W.2d 571 (Minn. Ct. App. 1986). · cites it 16× “Under Minn.Stat. § 257.55 (1984), [a] man is presumed to be the natural father of a child if: (a) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 280 days after the marriage is terminated by death,…”

Witso v. Overby, 609 N.W.2d 618 (Minn. Ct. App. 2000). · cites it 36× “2(1) (1998), that a man alleging himself to be the father of a child may bring an action "for the purpose of declaring the existence of the father and child relationship" based on a presumed father status under any of the clauses in Minn.Stat. § 257.55, subd. 1 (1998). Under…”

Ramsey Cnty. v. Suggs, 653 N.W.2d 458 (Minn. Ct. App. 2002). · cites it 25× “Not distinguishing among motions to vacate paternity adjudications, actions to establish the nonexistence of a parent-child relationship presumed under Minn.Stat. § 257.55, subd. 1 (2000), and actions to establish nonpaternity, Ramsey County argues that appellant’s motion to…”

State of Ga. Ex Rel. Brooks v. Braswell, 474 N.W.2d 346 (Minn. 1991). · cites it 22× “Having found that, pursuant to Minn.Stat. § 257.55, subd. 1(a) (1986), Braswell “is presumed to be the natural father” of the child and “owes a duty of support,” the district court ordered him to pay child support.”

Richards v. Reiter, 796 N.W.2d 509 (Minn. 2011). · cites it 6× “” Minn.Stat. § 257.55, subd. 2. In April 2010 the district court filed detailed and thorough findings of fact, conclusions of law, and an order concluding that a parent-child relationship exists between Reiter and D.”

State, Douglas Cty. Ex Rel. Ward v. Carlson, 409 N.W.2d 490 (Minn. 1987). · cites it 30× “57 deny to a class of children the equal protection of the laws by limiting to three years after a child's birth the time for bringing an action for the purpose of declaring the nonexistence of the father and child relationship presumed under Minn.Stat. § 257.55, subd. 1, clause…”

In Re the Est. of Jotham, 704 N.W.2d 210 (Minn. Ct. App. 2005). · cites it 16× “Appellant argues that the district court erred by relying on a presumption of paternity in the Minnesota Parentage Act, Minn.Stat. § 257.55 (2004), and by determining that it could not consider evidence offered by appellant to establish that respondent is not decedent’s…”

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— Minn. Stat. § 257.55(f) — 2 cases

In Re Paternity of BJH, 573 N.W.2d 99 (Minn. Ct. App. 1998).

A.J.S. v. M.T.H., 573 N.W.2d 99 (Minn. Ct. App. 1998).

— Minn. Stat. § 257.55(l)(a) — 1 case

Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013).

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