Legal Question in Family Law in Minnesota

I would clearly need additional information, for starters -- the birth date of the child, and when the biological father learned of the birth. He can bring an action to declare that your husband is not the father, but depending on facts not in your question, he could be subject to the time limits in Minnesota Statutes 257.57 sub 1 (action must brought within two years if he could be a presumed father), or under sub 2, which could limit his right to act to six months, ("if the action is brought within six months after the person bringing the action obtains the results of blood or genetic tests that indicate that the presumed father is not the father of the child.") I'm not sure what you mean when you say your husband signed "the birth certificate," since father's don't sign the birth certificate -- but rather a recongnition of parentage. I presume that is what you are referring to.

Additional facts are plainly required to provide a competent answer to your question. In the meantime, you can review the statute (Minn. Stats 257.55 and following), but this is a complicated area of law. In a very general sense, I would suggest you wait. Do nothing. There is nothing you can do to change the facts as they exist at this time, and any delay only works against the alleged biological father. You could, perhaps, provide the home DNA test results to the man claiming to be the biological father, as this would arguably limit his time to respond to six months, but I would not suggest you do that without first reviewing all of the facts with an attorney. Without additional, detailed information, an attorney cannot give you proper legal advice on this matter. You can feel free to call my office if you have additional questions, and I encourage you to go beyond this or any forum to have the issue properly evaluated.

Good luck.