Paternity

Paternity means having legal fatherhood established. This gives certain rights and benefits to the father, the mother and the child. 

  • If the parents of a child are married to each other, the husband is the legal father of any child born or conceived while the parents are married.
  • If the parents are not married to each other, legal fatherhood is established by either the Recognition of Parentage form (a voluntary form for parents who are not married to each other who have a child together) or through the paternity court process. 

A mother, alleged father, or a child's custodian can apply for paternity services.

Establishing Paternity

Recognition of Parentage

The easiest way to establish paternity is for the mother and biological father to complete, sign, and notarize the Recognition of Parentage and file this form with the Minnesota Registrar of Vital Statistics.  The Recognition of Parentage can be signed at the hospital at the time of their child’s birth, or after the mother and child leaves the hospital.   You can obtain forms from your local child support agency, the Minnesota Department of Health, or the Minnesota Child Support Enforcement Division.  There is no cost to file a Recognition of Parentage form.

A Recognition of Parentage Form gives the mother or the Child Support Agency the right to go to the court and ask for support from the father.  The father is not legally required to make payments until the court issues a child support order. 

If genetic tests show 99% or greater likelihood of paternity, he will be presumed to be the father.  A Recognition of Parentage or a court order is still required to legally establish paternity.

Genetic Testing

If either the mother or alleged father has any doubts about who the biological father is, they should have genetic testing done before admitting paternity.  Hennepin County Child Support Services can arrange for genetic testing if paternity establishment services are applied for or public assistance is being expended for the child. 

If the mother or the alleged father refuses to voluntarily submit to genetic testing a court action would be required.

Results are usually received approximately three weeks from the date the last sample is received.  Results will not be given out over the phone.  Results are mailed or an appointment is scheduled for you to come in and discuss the results.

Things to know about genetic testing

  • How it works
    A child receives one half of their genetic information from the mother and one half from the father.  The genetic information in the child must be present in either the mother or the biological father.  If the child has a DNA band not found in the mother or the alleged father, the alleged father would be excluded. 
  • Accuracy
    A test will either exclude the man as a possible father, or it will indicate he is 99% or more likely to be the father of the tested child. Results are not affected by illness, drug use or disease.
  • Age
    Children can be tested at any age
  • Cost
    Hennepin County will initially pay for the costs of genetic testing when we are providing paternity establishment services.  The courts can determine if these costs will be reimbursed to the County.
  • Location
    If parties choose not to open a case with Hennepin County and have genetic testing done privately, they can contact a genetic testing facility and inquire into the costs.

About sample collection

Buccal swab sample collections are done for most genetic testing situations.  Four cotton swabs that are similar to ordinary Q-tips are rubbed on the inside of the cheek (buccal cavity) for about 30 seconds each.

A buccal swab sample will provide identical results to a blood sample. The major difference in the types of sample collection relates to the ease of collection.  Once the DNA has been extracted, the testing procedures are the same for all sample types.

If the non-custodial parent can't be located

When contact is lost with a non-custodial parent, our child support state-wide computer automatically begins searching for information from many sources.  A partial list of sources includes:

  • Reemployment/unemployment records
  • Credit reporting agency records
  • Public assistance and food stamp records
  • Motor vehicle registration and driver’s license records
  • United States Postal Service
  • Current and previous employers
  • Law enforcement agencies, and parole and probation offices

In addition, child support offices use two other tools to locate parents: the Federal Case Registry and the National Directory of New Hire Reporting.

  • The Federal Case Registry contains limited information about each child support case in the United States. It matches quarterly wage information and unemployment compensation records submitted by each state with the National Directory of New Hires.
  • Federal law requires all employers to report information about newly hired employees. They report the information to their state. The state then reports the information to the National Directory of New Hires.

If the non-custodial parent is out of state, notify your case worker. Hennepin County will determine how to proceed at that point. (Read more on Interstate Support Cases.) A collection kit can be sent to a hospital or lab near where the parties live.

The father does not have any parenting time (visitation) or custody rights until the court issues a court order granting him these rights.  Establishing paternity gives the father the right to go to the court and ask for these rights

Determining Custody

A mother who was not married to the child’s father when the child was conceived or born has sole legal and physical custody of the child until a court orders otherwise in a paternity or custody action. A father of a child born out of wedlock has no legally enforceable custody or visitation rights in the absence of a court order granting such rights.

If no valid Recognition of Parentage (ROP) exists, a court can give custody or visitation to the father of a child born out of wedlock only after paternity is adjudicated. If there is a valid ROP, custody or visitation may be granted through the court to the father of a child born out of wedlock.

If the father files an action for custody and visitation, it is not necessary to adjudicate paternity if a ROP has been signed. A parent who has a signed ROP and wants to establish custody or visitation may seek assistance through the Hennepin County Family Law Facilitator Program.

Parenting time

As a general rule, the Child Support agency does not get involved in custody or parenting time issues. See also: http://www.mncourts.gov/selfhelp/?page=343

Frequently Asked Questions

Q: Do I have to let the non-custodial parent visit with my child/ren?

A: The non-custodial parent (NCP) is entitled to parenting time according to the terms stated in your court order. Child support and parenting time are separate legal issues. Paying support does not automatically entitle the NCP to visit the child/ren. Failure to pay support does not stop the NCP’s right to visit the child/ren. This office cannot help you with parenting time or custody issues. Call Hennepin County Family Court Services at 612-348-7556 if you have questions or concerns about custody and parenting time.

Q: I don’t know where my child is living.  Can you give me the address so I can contact my child?

A: Much of the information we have is private data and we do everything we can to protect that information.  If an obligor requests an address, we will determine whether or not we can release the address under the Minnesota Data Practices Act.