Minnesota Statutes

Minn. Stat. § 257.63 (2026)

Evidence Relating To Paternity

✓ current as of May 2026

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Subdivision 1.Included evidence.

Evidence relating to paternity may include:

(1) evidence of sexual intercourse between the mother and alleged father at any possible time of conception;

(2) an expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy;

(3) genetic and blood test results, weighed in accordance with evidence, if available, of the statistical probability of the alleged father's paternity;

(4) medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon request of a party shall, require the child, the mother, and the man to submit to appropriate tests; and

(5) all other evidence relevant to the issue of paternity of the child.

Subd. 2.Compelled testimony.

Upon refusal of a witness, including a party, to testify under oath or produce evidence, the court may order the party to testify under oath and produce evidence concerning all relevant facts. No testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case, except for perjury committed in the testimony. The refusal of a witness, who has been granted immunity, to obey an order to testify or produce evidence is subject to the sanctions within the jurisdiction of the court.

Subd. 3.Medical privilege.

Testimony of a physician, an advanced practice registered nurse, or a physician assistant concerning the medical circumstances of the pregnancy itself and the condition and characteristics of the child upon birth is not privileged.

Notes of Decisions

Cited in 4 cases, 1982–1997 · leading case: State on Behalf of Kremin v. Graham, 318 N.W.2d 853 (Minn. 1982).

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State on Behalf of Kremin v. Graham, 318 N.W.2d 853 (Minn. 1982). · cites it 2× “See also section 257.63, subd. 1 (1980), providing for the admissibility of blood test results and expert testimony interpreting the results, including probability testimony, and section 257.”

Murphy v. Myers, 560 N.W.2d 752 (Minn. Ct. App. 1997). · cites it 2× “Minn.Stat. § 257.63, subd. 1 (1996), provides *755 that evidence relating to paternity may include (1) evidence that the mother and alleged father engaged in sexual intercourse at any possible time of conception, (2) the statistical probability of the alleged father’s paternity…”

McNeal v. Swain, 477 N.W.2d 531 (Minn. Ct. App. 1991). “Minn.Stat. 257.63, subd. 1(c) (1990). We reject appellant’s argument that admission of evidence that there was a 99.”

Weihe v. Hendley, 389 N.W.2d 754 (Minn. Ct. App. 1986). · cites it 2× “See Minn.Stat. § 257.63, subd. 1(a) and (c) (1984).”

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