Establishing parentage creates a legal relationship between a child and the child's parent when no legal relationship previously existed. Actions to establish a legal relationship between a child and the child's father are informally referred to as paternity actions. Parentage must be established before a parent's name can be placed on a child's birth certificate.
Mother's marital status affects parentage
If a mother is married at the time the child is conceived or born, state law automatically recognizes the mother and her spouse (regardless of gender) as the legal parents of the child.
If a mother is not married at the time the child is conceived or born, state law automatically recognizes only the mother as the legal parent of the child.
Steps can be taken to legally establish the child's father. This is called establishing parentage.
Ways to establish parentage
- When a child is born to a mother who is married, the mother's spouse (regardless of gender) is presumed the legal parent of the child and will appear on the child's birth certificate.
- If the parents are not married and both parents agree that the man is the biological father and want him to be the child's legal father, you can sign a Recognition of Parentage form and file it with the Minnesota Department of Health.
- Either or both parents or a county child support officer can ask the court to issue an order establishing parentage.
Parentage can be established without a child support, custody or parenting time order.
Reasons to establish parentage
A parent may want to establish parentage, so they can:
- Request child support
- Receive benefits for the child on behalf of the other parent, such as Social Security benefits, military benefits, inheritance rights or insurance
- Be listed as a parent on a child's birth certificate and be recognized as the child's legal parent
- Seek custody or parenting time with a child
- Add the child to medical or dental insurance
For more information addressing various topics and specific situations related to establishing parentage, go to the Minnesota Department of Human Services website.
Genetic testing
Either parent can request genetic testing when they want proof that the man is the biological father of the child before he is named the legal father.
Genetic testing also may be done if an alleged father denies that he is the biological father and a court action is needed to determine parentage.
Genetic testing requires swab collections from the mother, father and child. Most often cotton swabs are rubbed firmly against the inside of each person's cheek for cell collection. Most samples can be taken any time after the child's birth. Samples and testing are important if results are to be used in court. Test results usually take a few weeks.
Genetic testing can show either:
- That a man is not the biological father of the child
- A greater than 99 percent probability that the man is the biological father
To get tested, parents can:
- Talk to hospital staff about genetic testing before or at the time of the child's birth
- Contact their county child support office
- Contact a lab directly
Test results and orders for support
If the test indicates that the alleged father is the biological father, the court may then establish an order for parentage, child support, custody and parenting time.
Genetic testing fees
If a county child support office sets up genetic testing and the testing is done at a designated laboratory, the county initially pays the cost.