MATTER OF PATERNITY OF J.A.V.

No. C5-95-449.

547 N.W.2d 374 (1996)

In the Matter of the PATERNITY OF J.A.V. Conrad HISGUN, Respondent, v. Denise VELASCO, Petitioner, Appellant.

Supreme Court of Minnesota.

May 16, 1996.


Attorney(s) appearing for the Case

Wright S. Walling, Gary A. Debele, Walling & Berg, P.A., Minneapolis, for Appellant Denise Velasco.

Mark D. Fiddler, Indian Child Welfare Law Center, Minneapolis, for Respondent Conrad Hisgun.

Bertram E. Hirsch, Floral Park, NY, for Respondent-Intervenor Sesseton-Wahpeton Sioux Tribe.

William R. Kennedy, Hennepin County Public Defender, Peter W. Gorman, Assistant Public Defender, Minneapolis, for amicus curiae Hennepin County Public Defender.

Sheryl Ramstad Hvass, Rider, Bennett, Egan & Arundel, Minneapolis, Penelope J. Phillips, Felhaber, Larson, Fenlon & Vogt, P.A., Minneapolis, for amici curiae Lutheran Social Service of MN, Catholic Charities of the Archdiocese of St. Paul and Minneapolis, and Children's Home Society of MN.

Judith D. Vincent, Minneapolis, for amici curiae Wellspring Adoption Agency, Inc. and Independent Adoption Resource Center, Inc.

Jill A. Pinkert, Rinke-Noonan, St. Cloud, for amicus curiae Concerned United Birth-parents of MN.

Joanathan M. Bye, Lindquist & Vennum, Minneapolis, for amicus curiae Adoptive Families of America, Inc.

Heard, considered, and decided by the court en banc.


OPINION

STRINGER, Justice.

The issue here is whether an illegitimate father's1 failure to file with the Minnesota Department of Health an affidavit declaring his intention to retain parental rights within the statutory time period prescribed in Minn. Stat. § 259.51, subd. 1 (1994)2 of Minnesota's adoption statute bars him from bringing an action to establish paternity under Minn.Stat. §...

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