When a man believes he is not the biological father of a child he’s been told is his, he can go to court to establish non-paternity. Under current law, the amount of time he has to do this varies from six months to three years.
HF561 would make all time limitations be three years. It would also clarify what factors a court must consider when determining non-paternity.
The bill, sponsored by Rep. John Lesch (DFL-St. Paul), was held over Tuesday by the House Judiciary Finance and Civil Law Division for possible inclusion in an omnibus bill. It has no Senate companion.
Current law does not provide specific procedures a court is to consider for declaring non-paternity. The bill would specify several factors that a court must consider, including how long the presumed father has assumed the role of father, age of the child and “the harm or benefit that may result to the child if the court ends the father-child relationship of the current presumed or adjudicated father.”
Under current law, establishing the paternity of a child has no time limitations, and the bill would not change that.