Minnesota law provides for certain paternity presumptions that govern when there is a dispute over paternity. When a child is born to a married woman, the mother’s husband is presumed to be the father. When a child is genetically linked to a man, the man is presumed to be the father.
In cases in which the husband is not the genetic father, the case may hinge on who seeks to be the father. If the mother of the child separates from her husband, the genetic father may be adjudicated the child’s father without opposition from the husband. If the mother of the child reconciles with her husband, the husband may be adjudicated the child’s father without opposition from the genetic father.
If both men seek to be adjudicated the father, the case may hinge on the family court’s weighing of the facts and circumstances, to determine what is in the best interests of the child.