Minnesota Statutes

Minn. Stat. § 257.57 (2026)

Determination Of Father And Child Relationship; Who May Bring Action; When Action May Be Brought

✓ current as of May 2026

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Subdivision 1.Actions under section 257.55, subdivision 1, paragraph (a), (b), or (c).

A child, the child's biological mother, or a man presumed to be the child's father under section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:

(1) at any time for the purpose of declaring the existence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or

(2) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action is brought within two years after the person bringing the action has reason to believe that the presumed father is not the father of the child, but in no event later than three years after the child's birth. However, if the presumed father was divorced from the child's mother and if, on or before the 280th day after the judgment and decree of divorce or dissolution became final, he did not know that the child was born during the marriage or within 280 days after the marriage was terminated, the action is not barred until one year after the child reaches the age of majority or one year after the presumed father knows or reasonably should have known of the birth of the child, whichever is earlier. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.

Subd. 2.Actions under other paragraphs of section 257.55, subdivision 1.

The child, the mother, or personal representative of the child, the public authority chargeable by law with the support of the child, the personal representative or a parent of the mother if the mother has died or is a minor, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor may bring an action:

(1) at any time for the purpose of declaring the existence of the father and child relationship presumed under sections 257.55, subdivision 1, paragraph (d), (e), (g), or (h), and 257.62, subdivision 5, paragraph (b), or the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, clause (d);

(2) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is brought within six months after the person bringing the action obtains the results of blood or genetic tests that indicate that the presumed father is not the father of the child;

(3) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.62, subdivision 5, paragraph (b), only if the action is brought within three years after the party bringing the action, or the party's attorney of record, has been provided the blood or genetic test results; or

(4) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.75, subdivision 9, only if the action is brought by the minor signatory within six months after the minor signatory reaches the age of 18. In the case of a recognition of parentage executed by two minor signatories, the action to declare the nonexistence of the father and child relationship must be brought within six months after the youngest signatory reaches the age of 18.

Subd. 3.Action regarding child with no presumed father under section 257.55.

An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 257.55 may be brought by the child, the mother or personal representative of the child, the public authority chargeable by law with the support of the child, the personal representative or a parent of the mother if the mother has died or is a minor, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.

Subd. 4.Effect of agreement by mother and alleged or presumed father.

Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with section 257.64, between an alleged or presumed father and the mother, does not bar an action under this section by the child or the public authority chargeable by law with the support of the child.

Subd. 5.Action brought before birth of child.

If an action under this section is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.

Subd. 6.Adopted child.

If the child has been adopted, an action may not be brought.

Notes of Decisions

Cited in 55 cases (1 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 160× “See Minn.Stat. § 257.57 (2000). Nine presumptions of paternity are set forth in section 257.”

In Re the Est. of Jotham, 722 N.W.2d 447 (Minn. 2006). · cites it 186× “The district court concluded that the statute of limitations in Minn.Stat. § 257.57, subd. 1(b) (2004), bars Nelson from challenging the paternity presumption and declared Barnett to be Jotham's heir as a matter of law.”

Marriage of Clay v. Clay, 397 N.W.2d 571 (Minn. Ct. App. 1986). · cites it 106× “On appeal Clay alleges that the trial court erred in not vacating the paternity provision of the decree, that summary judgment was inappropriate because a genuine issue of material fact exists, that he is entitled to seek indemnity or contribution from Augustin, and that…”

In Re the Welfare of C.M.G., 516 N.W.2d 555 (Minn. Ct. App. 1994). · cites it 32× “Minn.Stat. § 257.57, subds. 1, 2 (1992). [3] The parties dispute what type of action has been brought here.”

State of Ga. Ex Rel. Brooks v. Braswell, 474 N.W.2d 346 (Minn. 1991). · cites it 30× “The district court had declared a provision of the Parentage Act, Minn.Stat. § 257.57, subd. 1(b), as amended by 1989 Minn.”

Markert v. Behm, 394 N.W.2d 239 (Minn. Ct. App. 1986). · cites it 21× “The court also dismissed sua sponte Behm’s claim, holding that he lacked standing to bring a paternity action under Minn.Stat. § 257.57, subd. 1 (1984). The trial court did not rule on Linda’s motion to appoint a guardian ad litem for Natalie and to include Natalie as a…”

Kelly v. Cataldo, 488 N.W.2d 822 (Minn. Ct. App. 1992). · cites it 16× “See Minn.Stat. § 257.57 (1991). While Kelly alleges he is a presumed father under Minn.”

Ramsey Cnty. v. Suggs, 653 N.W.2d 458 (Minn. Ct. App. 2002). · cites it 25× “1 (2000), and actions to establish nonpaternity, Ramsey County argues that appellant’s motion to vacate the paternity adjudication “is in the nature of *463 an action to establish nonpaternity” under Minn.Stat. § 257.57, subd. 2 (2000), and therefore the district court should…”

Richards v. Reiter, 796 N.W.2d 509 (Minn. 2011). · cites it 8× “Minn.Stat. § 257.57, subds. 1-2. Moreover, the mother and each man presumed or alleged to be the father are necessary parties in any action to determine the existence of the father-child or mother-child relationship.”

Wilson v. Speer, 499 N.W.2d 850 (Minn. Ct. App. 1993). · cites it 20× “[2] In that case, the court upheld the constitutionality of Minn.Stat. § 257.57, subd. 1(b), which imposes a three year statute of limitations after a child's birth to declare the nonexistence of a father and child relationship notwithstanding its presumption.”

Witso v. Overby, 609 N.W.2d 618 (Minn. Ct. App. 2000). · cites it 24× “The Minnesota Parentage Act provides, in Minn.Stat. § 257.57, subd. 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…”

Beardsley v. Garcia, 753 N.W.2d 735 (Minn. 2008). · cites it 4× “Minn.Stat. § 257.57. In an order or judgment issued under the Parentage Act, a court will determine the existence of the parent and child relationship, and such an order or judgment "shall contain provisions concerning the duty of support, the custody of the child, * * * [and]…”

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