Recognition of Parentage vs. Court Order: Understanding the Differences in Minnesota

In Minnesota, unwed parents can execute a Recognition of Parentage (ROP and pronounced as “rope”) at the birth of a child. A ROP is a sworn statement by both parents that the man is the father of the child. Many parents believe that once a ROP is signed that both parents have equal rights in the child. This is not true. Rather, if a child is born outside of the marriage, the Mother maintains full legal and physical custody until a Court Order states otherwise. This leads many to ask why the option to execute a ROP even exists.

The ROP provides the basis for a father to ask for custody and parenting time without needing to submit to a DNA test. A DNA test would be required if the parents disagreed on who the father of the child is. It also allows for Child Support to be pursued without the need for a DNA test (again assuming the parents disagree on who the biological father is).

So what is the benefit of getting a Court Order versus simply signing a ROP?

I have provided the below chart to help outline the differences.

It is best to think of a ROP as a starting point if the parents will eventually need a Court to intervene. It is not required, though, to start a Court action.

Understand that custody and parenting time can be agreed on by the parties without having a Judge make the decision for them. Parents can have attorneys memorialize an agreement to be submitted to the Court for final approval.

If you have any questions regarding a Recognition of Parentage, please call me today at 952-800-2025 or reach out via our online contact form to set up your free consultation.

Schedule now