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Rule 371.Parentage Actions

Last amended March 1, 2024 · Last verified July 1, 2026

In one sentenceRule 371 governs how a parentage action moves through the expedited process, from the summons, complaint, and motion that start the case through service, genetic testing requests, the parentage hearing, and referral to district court when custody, parenting time, or the child’s legal name is contested.

Full Text of Rule 371

Text sizeJump to: (371.01) (371.02) (371.03) (371.04) (371.05) (371.06) (371.07) (371.08) (371.09) (371.10) (371.11) (371.12) (371.13) (371.14) (371.15)

371.01 Commencement A proceeding to establish parentage shall be commenced in the expedited process by service of a summons, complaint, and motion pursuant to Rule 371.03. A supporting affidavit may also be served. Unless blood or genetic testing has already been completed, a request for blood or genetic testing shall be served with the summons and complaint. In addition to service of the summons and complaint, an order to show cause may be issued pursuant to Minn. Gen. R. Prac. 303.05. Service shall be completed at least 21 days before any scheduled hearing.
371.02 Content of Summons, Complaint, Motion, and Supporting Affidavit
Subdivision 1. Content of Summons. A summons shall:
(a) state the name of the court;
(b) state the names of the parties;
(c) state an address where the initiating party may be served;
(d) state that the purpose of the action is to establish parentage;
(e) state the date, time, and location of the hearing;
(f) provide information about serving and filing a written response pursuant to Rule 371.04 and Rule 371.05;
(g) state that all parties shall appear at the hearing, and if any party fails to appear at the hearing the child support magistrate shall proceed pursuant to Rule 365.01;
(h) state that a party has the right to representation pursuant to Rule 357;
(i) state that the case may be settled informally by contacting the initiating party and include the name, address, and telephone number of the person to contact to discuss settlement; and
(j) be signed by the initiating party or that party’s attorney. If there is reason to believe that domestic violence exists or if an order for protection has been issued, a party may provide an alternative address and telephone number. Pursuant to Minn. Stat. § 257.70(b), in all actions in which public assistance is assigned or the county agency is providing services to a party or parties to the action, information regarding the location of one party may not be released by the county agency to any other party if the county agency has knowledge that one party is currently subject to a protective order with respect to the other party or the joint child, and disclosure has not been authorized, or has reason to believe that the release of the information may result in physical or emotional harm to a party or joint child.
Subd. 2. Content of Complaint. A complaint shall:
(a) state the specific relief the initiating party wants the child support magistrate to order, including all of the required elements listed in Minn. Stat. § 257.66, subd. 3;
(b) state the facts and grounds supporting the request for relief;
(c) set forth the acknowledgement required under Rule 379.04; and
(d) be signed by the initiating party or that party’s attorney.
Subd. 3. Content of motion. A motion shall:
(a) state the specific relief being requested from the court, including a determination of parentage, the child’s legal name, legal and physical custody, parenting time, and child support;
(b) provide information about the right to respond and the timing requirements; and
(c) set forth the acknowledgement required under Rule 379.04.
Subd. 4. Content of Supporting Affidavit. A supporting affidavit shall:
(a) state detailed facts supporting the request for relief, including the facts establishing parentage;
(b) provide all information required by Minn. Stat. § 518A.46, subd. 3, paragraph (a), and subd. 3a, paragraph (a), as applicable and if known; and
(c) be either:
(1) signed and sworn to under oath; or
(2) signed under penalty of perjury pursuant to Minn. Stat. § 358.116, provided that the signature is affixed immediately below a declaration using substantially the following language: “I declare under penalty of perjury that everything I have stated in this document is true and correct.” In addition to the signature, the date of signing and the county and state where the document was signed shall be noted on the document.
371.03 Service of Summons and Complaint
Subdivision 1. Who is Served. The biological mother, each man presumed to be the father under Minn. Stat. § 257.55, each man alleged to be the biological father, and the county agency even if not a party, shall be served pursuant to subdivision 2.
Subd. 2. How Served. The summons, complaint, motion, and any supporting affidavit, and if required, a request for blood or genetic testing, shall be served upon the parties by personal service, or alternative personal service, pursuant to Rule 355.02, unless personal service has been waived in writing.
371.04 Filing Requirements
Subdivision 1. Initiating Party. No later than 14 days before any scheduled hearing the initiating party shall file the following with the court:
(a) the original summons;
(b) the original complaint;
(c) the original motion;
(d) the original supporting affidavit, if served; and
(e) proof of service upon each party pursuant to Rule 355.04.
Subd. 2. Responding Party. If a noninitiating party responds with a written response pursuant to Rule 371.05, the following, if served, shall be filed with the court no later than 7 days before any scheduled hearing:
(a) the original written answer along with a financial affidavit pursuant to Minn. Stat. § 518A.28 (2006); or
(b) a request for blood or genetic testing; and
(c) proof of service upon each party pursuant to Rule 355.04.
Subd. 3. Electronic Filing. Where authorized or required by Rule 14 of these rules, documents may, and where required shall, be filed by electronic means by following the procedures of Rule 14.
Subd. 4. Treatment of Confidential Information. To retain privacy, restricted identifiers as defined in Rule 11 (such as Social Security numbers, employer identification numbers, financial account numbers) must be removed from any documents provided under this rule and may only be submitted on a separate Confidential Information Form as required in Rule
11. In addition, non-public documents including, without limitation, financial source documents as defined in Rule 11 (such as tax returns, wage stubs, credit card statements) must be submitted under a cover sheet entitled “Cover Sheet for Non-Public Documents” as required in Rule 11.
371.05 Response
Subdivision 1. Response Options. In addition to appearing at the hearing as required under Rule 371.10, subd. 1, a noninitiating party may do one or more of the following:
(a) contact the initiating party to discuss settlement; or
(b) within 21 days of service of the summons and complaint, serve upon all parties one or more of the written responses pursuant to subdivision 2.
Subd. 2. Types of Written Response.
(a) Request for Blood or Genetic Test. A noninitiating party may serve and file a request for blood or genetic testing either alleging or denying paternity. Filing of a request for blood or genetic testing shall, with the consent of the parties, extend the time for filing and serving a written answer until the blood or genetic test results have been mailed to the parties. In this event, the alleged parent shall have 14 days from the day the test results are mailed to the alleged parent in which to file and serve a written answer to the complaint.
(b) Written Answer. A noninitiating party may serve and file a written answer responding to all allegations set forth in the complaint. The matter shall proceed pursuant to Rule 353.02, subd. 3, if the written answer raises one or more of the following issues: parentage, custody, parenting time, or the legal name of the child.
371.06 Blood or Genetic Testing Requested Before Hearing When a request for blood or genetic testing is made prior to the hearing pursuant to Rule 371.05, the child support magistrate shall issue an order for blood or genetic testing and shall continue the hearing to allow the tests to be completed and the results to be received.
371.07 Amended Pleadings
Subdivision 1. Service. At any time up to 14 days before a scheduled hearing, the initiating party may serve and file amended pleadings.
Subd. 2. Response. If the noninitiating party chooses to respond to amended pleadings, the response must be made within the time remaining for response to the original pleading or within 14 days after service of the amended pleadings, whichever period is longer, unless the court otherwise orders.
371.08 Fees A filing fee shall be paid pursuant to Rule 356 upon the filing of:
(a) the summons, complaint, and motion; and
(b) the written answer or the request for blood or genetic testing, if any.
371.09 Settlement Procedure The parties may settle the case at any time pursuant to Rule 362.
371.10 Hearing Procedure
Subdivision 1. Hearing Mandatory. A hearing shall be held to determine parentage, except as provided in subdivision 2. All parties shall appear at the hearing. If a party fails to appear at a hearing for which notice was properly served, the child support magistrate shall either refer the matter to district court or proceed pursuant to Rule 365.01. The hearing shall proceed pursuant to Rule 364, except that paternity hearings from commencement through adjudication shall be closed to the public. All hearings following entry of the order determining the parent and child relationship are open to the public.
Subd. 2. Exception. If all parties, including the county agency, sign an agreement that contains all statutory requirements for a parentage adjudication, including a statement that the parties waive their right to a hearing, the hearing may be stricken. The matter shall not be stricken from the court calendar until after the child support magistrate reviews and signs the agreement. The court administrator shall strike the hearing upon receipt of the agreement signed by the child support magistrate.
371.11 Procedure When Blood or Genetic Testing Requested
Subdivision 1. Blood or Genetic Testing Requested at Hearing. When blood or genetic testing is requested at the hearing, the child support magistrate shall issue an order for blood or genetic testing and shall continue the hearing to allow the tests to be completed and the results to be received.
Subd. 2. Blood or Genetic Testing Requested and Conducted Prior to Hearing. When blood or genetic testing is completed prior to the hearing and parentage is contested, the child support magistrate may upon motion set temporary child support pursuant to Minn. Stat. § 257.62, subd. 5 (2000), and shall refer the matter to district court pursuant to Rule 353.02, subd. 3.
371.12 Procedure When Written Answer Filed
Subdivision 1. Objections under the Parentage Act. The matter shall proceed pursuant to Rule 353.02, subd. 3, if the written answer contains an objection to one or more of the following issues: parentage, custody, parenting time, or the legal name of the child.
Subd. 2. Genetic Tests Received. When blood or genetic test results have been received and the results indicate a likelihood of paternity of ninety-two (92) percent or greater and a motion to set temporary support has been served and filed, the issue of temporary support shall be decided by the child support magistrate and the matter shall be referred to district court for further proceedings. Failure of a party to appear at the hearing shall not preclude the child support magistrate from issuing an order for temporary support.
Subd. 3. Objection to Support. A written answer objecting to any issue other than parentage, custody, parenting time, or the legal name of the child shall not prevent the hearing from proceeding. Failure of a party to appear at the hearing shall not preclude the child support magistrate from determining paternity and issuing an order for support.
371.13 Procedure When Written Answer Not Filed If a written answer has not been served and filed by a noninitiating party and that party fails to appear at the hearing, the matter shall be heard and an order shall be issued by the child support magistrate. When the complaint, motion, or supporting affidavit contains specific requests for relief on the issue of custody, parenting time, or the legal name of the child, and proper service has been made upon all parties, the child support magistrate may grant such relief when a noninitiating party fails to appear at the hearing.
371.14 Decision and Order The decision and order of the court shall be issued pursuant to Rule 365.
371.15 Review and Appeal Motions to correct clerical mistakes, if any, shall proceed pursuant to Rule 375. Review, if any, shall proceed pursuant to Rule 376. Appeal, if any, shall proceed pursuant to Rule 378.
End

Advisory Committee Comments

Advisory Committee Comment – 2023 Amendments

Rule 371.01 is modified in 2023 to require a motion to commence a parentage action.

Advisory Committee Comment—2008 Amendment

Pursuant to Minn. Stat. § 518A.46, subd. 3(a) (2006), for all cases involving establishment or modification of support, the pleadings are to contain specific information. At times, it may be necessary to attach additional supporting documents. Each county should establish its own local policy regarding the attachment of supporting documents.

Advisory Committee Comment – 2023 Amendments

Rule 371.02 is modified in 2023 to require a motion to commence a support proceeding and to recognize the statutory limits on the public authority’s disclosure of address information pursuant to Minn. Stat. §§ 518.005, subd. 5, and 257.70(b). Changes also recognize that pleading the issues of custody and parenting time is required by statute (Minn. Stat. § 257.66, subd. 3) as well as case law (Morey v. Peppin, 375 N.W.2d 19 (Minn. 1985)).

Amendment History

  • (Amended effective November 22, 2023.)
  • (Amended effective November 22, 2023.)
  • (Amended effective November 22, 2023.)
  • (Amended effective March 1, 2024.)
  • (Amended effective January 1, 2020.)
  • (Amended effective January 1, 2020.)
  • (Amended effective November 22, 2023.)

Plain-English Summary

Rule 371 starts a parentage action in the expedited process, the same administrative track used for child support, but aimed at determining who a child’s legal parents are. The initiating party serves a summons, complaint, and motion on the biological mother, every man presumed to be the child’s father, every man alleged to be the biological father, and the county agency, even when the agency is not a party, and must complete service at least 21 days before any scheduled hearing. Unless blood or genetic testing has already been done, a request for that testing goes out with the summons and complaint, since test results often decide the case before the magistrate ever holds a hearing.

The summons has to explain the purpose of the action, tell the responding party how to answer, and warn of the same consequences used in a support case: appear or the magistrate can proceed without you, and a party has the right to bring a lawyer. A written answer that disputes parentage, custody, parenting time, or the child’s legal name sends those specific issues to district court rather than keeping them with the magistrate, while an answer that only disputes other issues, like the amount of support, does not stop the hearing from going forward. Without a dispute, though, those same issues can stay with the magistrate: the motion can ask for a custody, parenting-time, or legal-name decision outright, and the magistrate can grant it by agreement between the parties or by default, when a properly served noninitiating party never answers or appears and the pleadings specifically requested that relief.

Filing runs on its own deadline, separate from service. The initiating party has to file the original summons, complaint, motion, and any supporting affidavit that was served, along with proof of service, no later than 14 days before a scheduled hearing. A responding party who serves a written answer and financial affidavit, or a request for blood or genetic testing, has to file it, and proof of service, no later than 7 days before the hearing. Filing also comes with a fee under Rule 356, charged again if a written answer or a testing request gets filed.

Testing requested before the hearing pauses the case: the magistrate orders the test and continues the hearing until the results come back. If those results show a likelihood of paternity of ninety-two percent or greater and someone has already filed a motion to set temporary support, the magistrate must decide temporary support and send everything else to district court. Even without that threshold, testing finished before the hearing can still lead to temporary support: when parentage is merely contested, the magistrate may set temporary support on motion regardless of what the test results show. Once parentage is resolved, whether by agreement, default, genetic test results, or a contested hearing, the magistrate’s decision and order follows the same path as any other case in the expedited process, and can be corrected, reviewed, or appealed the same way.

Frequently Asked Questions

How is a parentage action different from a support case?

The initiating party still serves a summons, complaint, and motion, but the purpose is to determine legal parentage rather than only set a support amount, and a request for blood or genetic testing typically goes out with the initial paperwork unless testing already happened.

What if I want a genetic test before the hearing?

Ask for one before the hearing date and the magistrate will order the testing and continue the hearing until the results are back, rather than deciding parentage without that evidence.

Does disputing custody or parenting time stop the case?

Disputing parentage, custody, parenting time, or the child’s legal name sends those specific issues to district court instead of the magistrate. Temporary support can still get decided along the way: if genetic test results already show a likelihood of paternity of ninety-two percent or greater and someone has filed a motion for temporary support, the magistrate must decide that motion before sending the rest of the case to district court. Short of that threshold, the magistrate still has discretion to set temporary support on motion whenever parentage is contested and testing wrapped up before the hearing.

Is a parentage hearing open to the public?

Not while parentage is still being decided. Hearings stay closed to the public from the start of the case until the magistrate adjudicates parentage, then open once that determination is made.

Can the parties skip the hearing entirely?

Yes, if every party, including the county agency, signs a complete agreement that meets the statutory requirements for a parentage adjudication and waives the right to a hearing. The magistrate must still review and sign that agreement before the hearing is struck from the calendar.

Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the official Minnesota Rules of Family Court Procedure (Minn. R. Gen. Prac. 371). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source
Also known as: establishing paternity in Minnesotaparentage action child support magistrategenetic testing before a paternity hearingdetermining legal parentage in the expedited processcontested paternity referral to district court