If a woman has a child with someone other than her spouse, her spouse must be joined in the paternity action. Minnesota Statute §257.60 states that each man presumed to be the father and each man alleged to be the biological father, shall be made parties in a paternity action.
There are two presumptions that may conflict when it comes to determining who is the biological father:
- A genetic test showing a 99 percent or greater likelihood that the father is the biological father
- If a woman is married when she is pregnant (or within six months of the marriage she is pregnant) then that man is the child’s biological father.
The Court found in County of Dakota v. Blackwell all presumptive fathers must be joined in any paternity actions in order to protect their rights to declare a parent-child relationship.
