Two ways of establishing parentage in Minnesota: 1through an action under the parentage act 2through

1
Two ways of establishing parentage in
Minnesota1) through an action under the
parentage act2) through the voluntary execution
of a recognition of parentage under Minn. Stat.
257.75
2
Problem 1, p. 871

• Francine and Edward sign an agreement that he
  will impregnate her and she will never make his
  identity known or seek child support.
• Five years after child born she sues him for
  child support.
• Does he have a viable defense to this lawsuit?

3
Problem 2, p. 871

• 18 year old Marie becomes pregnant as result of
  sex with 15 year old Tom.
• Marie sues Tom for child support.
• Tom alleges that since Marie is guilty of
  statutory rape Marie should not be able to pursue
  child support claim against him.

4
Stephen v. Commissioner of Social Security386 F.
Supp. 2d 1257 (2005)

• Under Florida law a child conceived with the
  sperm of a person who died before transfer of
  sperm to a womans body is not eligible for claim
  against the decedents estate unless the decedent
  provided for the child in the decedents will.
• Therefore, since social security applies state
  law the after death conceived and born child is
  not eligible for social security benefits.

5
Problem 1, p. 877

• State statute All private group plans must
  cover all legitimate children of male employees
  and all illegitimate children if there is a court
  order establishing paternity.
• Is this an equal protection issue?

6
Problem 2, p. 877

• Don and Mary living together and unmarried. Don
  paid half of the rent. They share groceries and
  utilities. Six months ago they learn Mary is
  pregnant. Don buys her gifts of maternity
  clothes.
• Don has been killed in an auto accident.
• Under Bennemon?

7
Stanley v. Illinois -1972 Supreme Court

• Due process not giving Stanley a hearing and
  presuming him unfit violates due process.. Peter
  Stanley had an interest in these children that
  was cognizable and substantial--therefore he
  was entitled to a hearing before losing custody
  of these children. All parents are
  constitutionally entitled to a hearing before
  losing custody of children.

8

• Quilloin v. Walcott 434 U.S. 246 (1978)
• Georgia adoption statute Only mothers consent
  to adoption was needed unless father had
  legitimized the child by marriage and
  acknowledgement or by court order.
• Biological father had never legitimized the
  child, never lived with the child, had made some
  support payments and had some visitation.
• Court rules No DP violation EP never reached

9
Caban v. Mohammed441 U.S. 380(1979)

• Putative father lived with mother and children
  for five years. Had fathered the two children.
• Mother left him and married someone else.
• Caban continued to see children frequently,
  contribute to their support, at one point he had
  custody of them.
• She and stepfather petitioned to adopt these
  children.
• New York statute (like the Georgia statute) said
  only mother had to consent.
• Court found EP violation, no DP consideration

10
Lehr v. Robertson facts

• 11-9-76 Jessica M. is born
• 8 months laterBio mom marries Robertson
• 12-21-78 Robertsons file adoption petition for
  stepfather adoption-no service on bio dad
• 1-30-79 Lehr files paternity petition (no
  financial support sporadic visitation)
• 2-22-79 Serves notice on the mother
• 3-7-79 Adoption granted.
• Paternity petition dismissed because adoption is
  final.

11
Minn. Stat. 259.52

• Subd. 7. When and how to register. A putative
  father may register with the department of health
  before the birth of the child but must register
  no later than 30 days after the birth of the
  child. Registrations must be in writing and
  signed by the putative father. A registration is
  timely if the date the registration is postmarked
  or the date it was delivered by means other than
  mail to the address specified on the registration
  form is not later than 30 days after the birth of
  the child.Subd. 8. Failure to register. Except
  for a putative father who is entitled to notice
  and consent under sections 259.24 and 259.49,
  subdivision 1, paragraph (a) or (b), clauses (1)
  to (7), a putative father who fails to timely
  register with the fathers' adoption registry
  under subdivision 7(1) is barred thereafter
  from bringing or maintaining an action to assert
  any interest in the child during the pending
  adoption proceeding concerning the child(2)
  is considered to have waived and surrendered any
  right to notice of any hearing in any judicial
  proceeding for adoption of the child, and consent
  of that person to the adoption of the child is
  not required and(3) is considered to have
  abandoned the child.

12
Heidbrenner v. Carton645 N.W. 2d 355 (Minn. 2002)

• Teenage couple in Iowa. She is 18, hes 19
• She gets pregnant-finds out November 1999 she is
  due in August 2000
• He says she promises him she will never place the
  child for adoption. They live together during
  her pregnancy for a short period of time.
• In mid-June she takes off, moves to MN, hides
  from the father,
• She decides to place child for adoption.
• He files under MN putative fathers registry on
  day 31

13
Heidbreder

• No fiduciary duty on her part to disclose her
  location to the bio dad even if she knows he
  wants to make a claim on the baby.
• Lack of knowledge of either pregnancy or birth
  not an excuse for not filing with registry.
• No EP violation/No DP violation

14
In re Kelsey S.

• Kelsey S.(decided while Michael H. case is on
  appeal)
• California court had decided Kelsey--if unwed
  father promptly comes forward and demonstrates a
  full commitment to his parental responsibilities
  cannot terminate his parental relationship
  without unfitness. Biological father has a
  constitutionally cognizable opportunity interest
  in developing a relationship with his child.

15
Problem 1. p. 888

• Anita and Martin live together for six years.
  Have two children.
• Anita and Martin separate eight months ago.
  Anita places children for adoption with Tim and
  Karen. Anita tells agency she doesnt know who
  the father is of the children. Adoption is
  granted after a general notice published.
• Can Martin vacate this under Lehr?

16
Problem 2, p. 888

• A, B, and C live in state with UPA.
• B has a daughter D.
• Betty and Al divorce, Betty and Donna move in
  with Charles. Betty tells him he is Donnas
  father. Charles treats Donna as his own.
• Betty dies.
• Al and Charles sue for custody, each claiming to
  be a presumed father.

17
Minnesota case law

• The Parentage Act allows for the possibility of
  conflicting presumptions of paternity. The
  presumptions contained in the Parentage Act are
  not conclusive of paternity, but rather create a
  functional set of rules that point to a likely
  father.... If two or more presumptions conflict,
  the presumption which on the facts is founded on
  the weightier considerations of policy and logic
  controls. In another MN case, the court
  stated thateven if the putative father were to
  present the court with blood tests establishing
  his paternity, those tests are given no greater
  weight than the other presumptions listed in the
  Parentage Act. (stating, where competing
  presumptions of paternity exist, the
  determination of paternity is no longer solely an
  issue of biological fact). A child's best
  interests are to be considered in resolving
  conflicting presumptions of paternity. In re
  Paternity of B.J.H., 573 N.W.2d 99, 102
  (Minn.App.1998) C.M.G., 516 N.W.2d at 560. When
  resolving such conflicting presumptions,
  Minnesota recognizes, along with other factors,
  the importance of not impairing blood
  relationships. Kelly v. Cataldo, 488 N.W.2d 822,
  827 (Minn.App.1992), review denied (Minn. Sept.
  15, 1992). The legislature has acknowledged the
  significance of blood relationships. (Concerns
  for marriage and blood relations are seen in the
  legislature's announcement of presumptive
  parental status.).

18
Problem 2, p. 898

• M and F dating. M places baby for adoption when
  baby 3 days old. F has been disinterested in
  pregnancy, birth, etc.
• When baby is 7 months old Frank files for
  custody.
• Adoptive family files for adoption.
• Under Michael H. is his consent needed for the
  adoption?

19
Problem 3, p. 898

• Dawn is separated from Frank. She begins living
  with Jerry and becomes pregnant.
• Three months later she moves back with Frank and
  has a son.
• Dawn and Frank want nothing to do with Jerry.
• Jerry files an action for paternity rights.
• CA statute H is rebuttably presumed to be
  father

20
Experts testimony in Plemel v. Walter

• 1) not excluded
• 2) probability of excluding falsely accused
  father is 97.5
• 3) paternity index is 178
• 4) chance of paternity is 99.4
• 5) chance of nonpaternity is .6
• 6) extremely likely Walter was the father.

21
Problem 1, p. 910

• Arthur and Guinevere, married couple.
• Lancelot, bio dad.
• Both have competing presumptions of parentage as
  to the child Fred.
• How should the court resolve?

22
Minn. Stat.257.62, subd. 5as amended in 2006

• (b) If the results of blood or genetic tests
  completed in a laboratory accredited by the
  American Association of Blood Banks indicate that
  likelihood of the alleged father's paternity,
  calculated with a prior probability of no more
  than 0.5 (50 percent), is 99 percent or greater,
  there is an evidentiary presumption that the
  alleged father is presumed to be the biological
  father and the party opposing the establishment
  of the alleged father's paternity has the burden
  of proving by clear and convincing evidence that
  the alleged father is not the father of the
  child.(c) A determination under this subdivision
  that the alleged father is the biological father
  does not preclude the adjudication of another man
  as the legal father under section 257.55,
  subdivision 2, nor does it allow the donor of
  genetic material for assisted reproduction for
  the benefit of a recipient parent, whether sperm
  or ovum (egg), to claim to be the child's
  biological or legal parent.

23
Problem 2, p. 910

• Mother and Roger, father of mothers other
  children sign a declaration of parentage re
  Christopher.
• Albert says he had sex with mother and
  Christopher is his child.
• Court has terminated (or is in process) mother
  and Rogers parental rights to Christopher.
• Can Albert pursue his paternity claim?