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MN HF3390
Bill
Status
3/4/2010
Primary Sponsor
Carol McFarlane
Click for details
AI Summary
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Modifies Minnesota Statutes 2008, section 257.57, subdivision 1 to allow actions declaring nonexistence of father-child relationships to be brought within two years after the person bringing the action has reason to believe the presumed father is not the biological father, but no later than three years after the child's birth.
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Extends the limitation period if the presumed father was divorced from the child's mother and did not know the child was born during the marriage or within 280 days after marriage termination; the action is not barred until one year after the child reaches majority or one year after the presumed father knows or reasonably should know of the birth, whichever is earlier.
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Permits paternity of another man to be determined in the same action if he has been made a party after the presumption has been rebutted.
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Adds new subdivision 1a establishing conditions under which actions for declaring nonexistence of father-child relationships may be brought at any time if the court determines the presumed father and mother did not cohabitate or engage in sexual intercourse during the probable time of conception and never openly held out the child as his biological child.
Legislative Description
Limitation period modified for certain actions to declare the nonexistence of the father and child relationship.
Last Action
House: Introduction and first reading, referred to Civil Justice
3/4/2010