Legal Question in Family Law in Minnesota
DNA, child support and adoptions
A two-part question: are child support payments still the responsibility of the named father in MN even after DNA tests prove who the paternity father to be? And if a child is legally adopted by the mother's lesbian partner (meaning the child will have two mothers) is the divorced father, after legally relinquishing his rights, still financially responsible to maintain child support payments, again after DNA tests positively identify the paternity father? The child in question is now 11 yrs of age. Thank you in advance for any kind of advise you are able to offer.
1 Answer from Attorneys
Re: DNA, child support and adoptions
If the child is older than age three, and dad was adjudicated as the father three years prior, he is dad even if blood tests indicate he is not. The statute of limitations for disproving paternity would have run.
If his parental rights are terminated, he would have no obligation. The Courts generally will not terminate parental rights unless there is someone else willing to step in (eg. adoption). In the event that there is an adoption, the adoptive parent has all rights, responsibilities and child support obligations regardless of sex.
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