Originally Posted by
GV70
There is no time limit in Mn. Another question is whether the BF has standing to bring paternity action.
257.55 PRESUMPTION OF PATERNITY.
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
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.
257.66 JUDGMENT OR ORDER.
Subdivision 1.Determinative.
The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.
257.52 PARENT AND CHILD RELATIONSHIP DEFINED.
As used in sections 257.51 to 257.74, "parent and child relationship" means the legal relationship existing between a child and the child's biological or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.
257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED.
The parent and child relationship between a child and:
(a) the biological mother may be established by proof of her having given birth to the child, or under sections 257.51 to 257.74 or 257.75;
(b) the biological father may be established under sections 257.51 to 257.74 or 257.75; or
(c) an adoptive parent may be established by proof of adoption.
257.57 DETERMINATION OF FATHER AND CHILD RELATIONSHIP; WHO MAY BRING ACTION; WHEN ACTION MAY BE BROUGHT.
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:
(a) 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
(b) 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.
