Legal Question in Family Law in Wisconsin

Limations on Paternity

1974 paternity case pictures as proof of paternity,also blood samples,not conclusive,now the person is 32 + and asking if father is really his,.Can this case be opened at this time and dna as proof of paternity.


Asked on 8/30/01, 4:50 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Limations on Paternity

You ask an unnusual and very good question. However, your question relates more to probat law than paternity law since the child is now an adult and the only thing a paternity determination would affect, legally speaking, is the right of heirship.

Minnesota's Statute relating to limitations on Paternity actions is 257.57 which states that an action to disclaim paternity may depend on the specific facts of the case. There are many different possible scenarios contemplated by the statute.

Generally, if the parents married or attempted to marry creating a presumption of paternity, the parent-child relationship cannot be disclaimed two years afterthe father has a reason to believe the child is not his but no later than three years after the child's birth.

It is unlikely that the case can be reopened based on the facts that you relate.

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Answered on 9/30/01, 9:46 pm


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