The child may be made a party to the action. If the child is a minor and is made a party, a general guardian or a guardian ad litem shall be appointed by the court to represent the child. The child's mother or father may not represent the child as guardian or otherwise. The biological mother, each man presumed to be the father under section 257.55, and each man alleged to be the biological father, shall be made parties or, if not subject to the jurisdiction of the court, shall be given notice of the action in a manner prescribed by the court and shall be given an opportunity to be heard. The public agency responsible for support enforcement is joined as a party in each case in which rights are assigned under section 518A.81, and in each case in which the public agency is providing services pursuant to an application for child support services. A person who may bring an action under section 257.57 may be made a party to the action. The court may align the parties. The child shall be made a party whenever:
(1) the child is a minor and the case involves a compromise under section 257.64, subdivision 1, or a lump-sum payment under section 257.66, subdivision 4, in which case the commissioner of children, youth, and families shall also be made a party subject to Department of Children, Youth, and Families rules relating to paternity suit settlements; or
(2) the child is a minor and the action is to declare the nonexistence of the father and child relationship; or
(3) an action to declare the existence of the father and child relationship is brought by a man presumed to be the father under section 257.55, or a man who alleges to be the father, and the mother of the child denies the existence of the father and child relationship.
Notes of Decisions
Cited in
25
cases, 1981–2018 · leading case:
Witso v. Overby, 627 N.W.2d 63 (Minn. 2001).
Witso v. Overby, 627 N.W.2d 63 (Minn. 2001).
· cites it 30× “Neither Minn.Stat. § 257.60 (2000) (discussing who may be party to an action but not addressing who has standing to bring an action) nor Minn.”
Spaeth v. Warren, 478 N.W.2d 319 (Minn. Ct. App. 1991).
· cites it 20× “Under Minn.Stat. § 257.60 (1990), "[t]he child may be made a party to the action.”
Kelly v. Cataldo, 488 N.W.2d 822 (Minn. Ct. App. 1992).
· cites it 14× “Minn.Stat. § 257.60 (1990). The circumstances of this case are specifically addressed in section 257.”
Cnty. of Dakota v. Blackwell, 809 N.W.2d 226 (Minn. Ct. App. 2011).
· cites it 12× “Minn.Stat. § 257.60 states that in an action brought to establish the existence of a father-child relationship under the parentage act, "each man presumed to be the father under section 257.”
Witso v. Overby, 609 N.W.2d 618 (Minn. Ct. App. 2000).
· cites it 12× “[1] Minn.Stat. § 257.60 (1998) (emphasis added).”
Harrison Ex Rel. Harrison v. Harrison, 733 N.W.2d 451 (Minn. 2007).
· cites it 4× “§ 555.11 (2006), dealing with declaratory judgments, specifically states that "all persons shall be made parties who have or claim any interest which would be affected by the declaration.”
Ramsey Cnty. v. Suggs, 653 N.W.2d 458 (Minn. Ct. App. 2002).
· cites it 8× “2 (2000), and therefore the district court should have appointed a guardian ad litem for the child under Minn.Stat. § 257.60(2) (2000). Interpretation of the Parentage Act is a question of law, which we review de novo.”
A. S. v. K. C.-w. (in Re C. F. N.), 923 N.W.2d 325 (Minn. Ct. App. 2018).
· cites it 16× “See Minn. Stat. § 257.60 (2018). A. The child whose parentage is at issue "may be made a party to the action.”
Richards v. Reiter, 796 N.W.2d 509 (Minn. 2011).
· cites it 2× “Minn.Stat. § 257.60. The presumptions in the Parentage Act applicable to the facts of this case are that (1) a man who is married to a child’s mother when the child is born, or who was married to a child’s mother within 280 days before the child’s birth, is presumed to be the…”
Tindell v. Rogosheske, 428 N.W.2d 386 (Minn. 1988).
· cites it 2× “We think it is critical to view the role of the guardian in the context in which the responsibilities imposed upon the individual arise. A guardian ad litem is appointed by the court to protect the best interests of the child in the particular proceeding in which the child is…”
Nicholson v. Maack, 400 N.W.2d 160 (Minn. Ct. App. 1987).
· cites it 4× “Additionally, Minn.Stat. § 257.60 (1984) provides: The child may be made a party to the action.”
Johnson v. Hunter, 447 N.W.2d 871 (Minn. 1989).
“§ 257.60 (emphasis added). The Act further provides “[t]he child’s mother or father may not represent the child as guardian or otherwise,” id.”
— Minn. Stat. § 257.60(2) — 3 cases
Ramsey Cnty. v. Suggs, 653 N.W.2d 458 (Minn. Ct. App. 2002).
“2 (2000), and therefore the district court should have appointed a guardian ad litem for the child under Minn.Stat. § 257.60(2) (2000). Interpretation of the Parentage Act is a question of law, which we review de novo.”
Kelly v. Cataldo, 488 N.W.2d 822 (Minn. Ct. App. 1992).
“Minn.Stat. § 257.60 (1990). The circumstances of this case are specifically addressed in section 257.”
A. S. v. K. C.-w. (in Re C. F. N.), 923 N.W.2d 325 (Minn. Ct. App. 2018).
“See Minn. Stat. § 257.60 (2018). A. The child whose parentage is at issue "may be made a party to the action.”
— Minn. Stat. § 257.60(3) — 5 cases
Spaeth v. Warren, 478 N.W.2d 319 (Minn. Ct. App. 1991).
“Under Minn.Stat. § 257.60 (1990), "[t]he child may be made a party to the action.”
Witso v. Overby, 627 N.W.2d 63 (Minn. 2001).
“Neither Minn.Stat. § 257.60 (2000) (discussing who may be party to an action but not addressing who has standing to bring an action) nor Minn.”
Kelly v. Cataldo, 488 N.W.2d 822 (Minn. Ct. App. 1992).
“Minn.Stat. § 257.60 (1990). The circumstances of this case are specifically addressed in section 257.”
A. S. v. K. C.-w. (in Re C. F. N.), 923 N.W.2d 325 (Minn. Ct. App. 2018).
“See Minn. Stat. § 257.60 (2018). A. The child whose parentage is at issue "may be made a party to the action.”
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