Who The Father Is On Paper
Minn. Stat. 257.55 — the man married to the mother when the child is born, or within 280 days after, is presumed the father
Married at the birth. A man is presumed to be the biological father of a child if 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 ends by death, annulment, declaration of invalidity, dissolution or divorce, or after a decree of legal separation is entered.
- An attempted marriage before the birth, even one that is or could be declared invalid, with the child born during it or within 280 days after it ends.
- A marriage or attempted marriage after the birth, together with a written acknowledgment filed with the state registrar of vital records, consent to being named as the father on the birth record, or a written promise or court order to support the child.
- Receiving the child into his home while the child is under the age of majority, and openly holding the child out as his biological child.
- A written acknowledgment of paternity signed by him and the child's biological mother and filed with the state registrar of vital records.
Those are among the presumptions the section lists.
Rebutting it. A presumption under the section may be rebutted in an appropriate action only by clear and convincing evidence. It is rebutted by a court decree establishing paternity of the child by another man.
Two presumptions at once. If two or more presumptions arise that conflict with each other, the one that on the facts is founded on the weightier considerations of policy and logic controls.
Genetic testing, the recognition of parentage form, and the action to declare who a child's father is are set out in other sections of the chapter that are not on this page. Whether a presumption applies in a particular family is a question for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 257.55 — Presumption of paternity
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.