TN 92 (11-23)

GN 00306.530 Minnesota Intestacy Laws

1. A. 

   Prior to 01/01/87, an out-of-wedlock child could inherit from his/her father if:

   1. 1. 

      parents intermarried; or

   2. 2. 

      (I) the father, in writing before competent attesting witness, had declared himself to be the child's father; or

   3. 3. 

      the death of father occurred on or after 04/21/71, and the father has been determined to be the child's father in a paternity proceeding before a court of competent jurisdiction. For claims filed on or after 11/27/98, or pending on that date, a State court order adjudicating paternity need not actually be obtained for an out-of-wedlock child to qualify as an insured individual's child under section 216(h)(2)(A) of the Act. An SSA adjudicator may independently determine paternity by applying relevant Minnesota law.

2. B. 

   Effective 01/01/87, a parent and child can inherit through each other regardless of the marital status of the parents, if the parent-child relationship may be established under the Minnesota Parentage Act. For claims filed on or after 11/27/98, or pending on that date, a State court order adjudicating paternity under the Parentage Act need not actually be obtained for an out-of-wedlock child to qualify as an insured individual's child under section 216(h)(2)(A) of the Act. An SSA adjudicator may independently determine paternity by applying relevant Minnesota law.

   1. 1. 

      Under the Minnesota Parentage Act, a parent-child relationship is established between a child and the natural mother by proof of her having given birth to the child.

   2. 2. 

      A parent-child relationship may be presumed between a child and the natural father (or mother, if applicable) if one of the following applies:

   1. 1. 

      1. a. 

         the alleged father and child's natural mother are or have been married to each other and the child is born during the marriage, or within 280 days after the marriage is terminated by death, annulment, declaration of invalidity, dissolution, or divorce, or after a decree of legal separation is entered by a court; or

      2. b. 

         before the child's birth, the alleged father and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid and;

         1. (1) 

            if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 280 days after its termination by death, annulment, declaration of invalidity, dissolution or divorce; or

         2. (2) 

            if the attempted marriage is invalid without a court order, the child is born within 280 days after the termination of cohabitation; or

      3. c. 

         after the child's birth, the alleged father and the child's natural mother have married, or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared void, voidable, or otherwise invalid, and;

         1. (1) 

            the alleged father has acknowledged his paternity of the child in writing filed with the State registrar of vital statistics; or

         2. (2) 

            with his consent, the alleged father is named as the child's father on the child's birth certificate; or

         3. (3) 

            the alleged father is obligated to support the child under a written voluntary promise or by court order; or

      4. d. 

         while the child is under the age of majority, the alleged father received the child into his home and openly held out the child as his natural child; or

      5. e. 

         the alleged father and the child's natural mother acknowledge his paternity of the child in a writing signed by both of them under Minn. Code section 257.34 and filed with the State registrar of vital statistics. If another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption is rebutted by clear and convincing evidence; or

      6. f. 

         evidence of statistical probability of paternity based on blood or genetic testing establishes the likelihood that he is the father of the child, calculated with a prior probability of no more than 0.5 (50%), is 99% or greater; or

      7. g. 

         the judgment or order of an appropriate court determining the existence or nonexistence of the parent-child relationship is determinative for all purposes. Appropriate courts include: the court in the county in which the child resides; the court in the county in which the alleged father resides; the court in the county in which the alleged father is found; or, if the alleged father is deceased, the court in the county in which proceedings for probate of his estate have been or could be commenced.

   1. 3. 

      Effective 10/01/93, the following presumptions also apply:

      1. a. 

         he and the child's biological mother have executed a recognition of parentage in accordance with Minn. Code section 257.75 and another man is presumed to be the father under this subdivision; or

      2. b. 

         he and the child's biological mother have executed a recognition of parentage in accordance with Minn. Code section 257.75 and another man and the child's mother have executed a recognition of parentage in accordance with section 257.75; or

      3. c. 

         he and the child's biological mother executed a recognition of parentage in accordance with Minn. Code section 257.75 when either or both of the signatories were less than 18 years of age.

      The presumptions in 2. and 3. above are subject to rebuttal by clear and convincing evidence. If two or more conflicting presumptions arise, the controlling presumption is one which, on the facts, is founded on the weightier considerations of policy and logic. These presumptions are also rebutted by a court decree establishing paternity of the child by another man.

      Forward to the Office of the General Counsel (OGC) for a determination evidence submitted to establish a presumption under 3a., 3b., or 3c. above.

   2. 4. 

      In addition to the preceding presumptions, the SSA adjudicator may consider other evidence to determine whether a parent-child relationship has been established under the Minnesota Parentage Act. During a putative father's life, paternity is established by a preponderance of the evidence. Paternity may be established following a putative father's death by clear and convincing evidence. Clear and convincing evidence requires more certainty on the part of the fact-finder than a "preponderance of the evidence" standard (more than 50%), but less certainty than the "beyond a reasonable doubt" standard. Evidence relating to paternity may include, but is not limited to:

      1. a. 

         evidence of sexual intercourse between the mother and alleged father at any possible time of conception; or

      2. b. 

         an expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy; or

      3. c. 

         genetic and blood test results, weighed in accordance with evidence, if available, of the statistical probability of the alleged father's paternity; or

      4. d. 

         medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts; or

      5. e. 

         all other evidence relevant to the issue of paternity of the child.

3. C. 

   Effective 05/15/87, if under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the biological father of the child thereby conceived. The husband's consent must be in writing and signed by him and his wife. The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if he were not the biological father of the child thereby conceived.