ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Modern Families in Child Support  Mark J. Ponsolle  Assistant Ramsey County Attorney  Tuesday, May 20, 2014

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Overview Who are we? What is a parent? Who are we to be? Conclusion.

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Who are we?  What is the role of the Child Support Program in determining parentage?  What is the goal of the Child Support Program in determining parentage?

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina What is the goal of establishing parentage?  Child support?  Parentage, in and of itself?  Child support from the responsible parents?  Who are the responsible parents?

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Parentage  Basic emotional, social, and economic ties between a father and a child, such as:  Child support  Inheritance  Social security  Veteran’s benefits Handbook on Child Support Enforcement U.S. Department of Health and Human Services

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Parentage  As important:  Relationship with father  Sense of identity and connection to the other half of his or her family  Medical history of father for health of child Handbook on Child Support Enforcement U.S. Department of Health and Human Services

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Parent  Parent:  one who begets or brings forth, offspring (Webster,1913)  a guardian; a protector (Webster II,1994)  caretaker; biological; surrogacy; adoptive (Wikipedia, 2014)

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina The Dilemma Recent Past in Minnesota  Parenthood determined by:  Paternity Statute  Biological  Not best parents  Marriage Presumption

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina The Dilemma Recent Past in Minnesota  Divorce  Adoption  Quality of parent

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Modern Families  Paternity  Adoption  Statutory  Cultural  Marriage and Divorce  Statutory  Cultural  Same Sex  Artificial Reproductive Technology

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Paternity  Natural Father and Mother  Biological Father and Mother  Presumptions  Role of man  Societal interests  Lack of science

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Adoption  Best Interests of Child  Cultural/Equitable Adoptions

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina PARENT CHILD RELATIONSHIP*  Minn. Stat. § provides that: The parent and child relationship between a child and: (a) the biological mother may be established by proof of her having given birth to the child, or under sections to [the Parentage Act] or [Recognition of Paternity]; or *Uniform Parentage Act (plus)

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina PARENT CHILD RELATIONSHIP  Minn. Stat. § provides that: The parent and child relationship between a child and: (b) the biological father may be established under sections to [the Parentage Act] or [Recognition of Paternity]; or (c) the adoptive parent may be established by proof of adoption.* (Emphasis added). *Minn. Stat. Ch. 259

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Cultural/Equitable Adoptions Ramsey County v. Yee Lee 770 N.W.2d 572 (Minn. Ct. App. 2009)  If an adoption is valid under the laws of a nation in which it occurred, it will be recognized as valid in Minnesota for the purpose of determining a child support obligation.  The doctrine of equitable adoption applies only when determining inheritance rights.

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Marriage and Dissolution  Marriage  Statutory-one man and one woman  Cultural  Dissolution

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Prior to 2013-Marriage Marriage Presumption Minn. Stat. §

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Prior to 2013-Marriage Cultural Marriage The validity of a marriage normally is determined by the law of the place where the marriage is contracted…. unless it violates a strong public policy…. Ramsey County v. Lee, citing the Minnesota Supreme Court

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Prior to 2013-Dissolution  A Dissolution Petition must name the children of the parties. Minn. Stat. §  But, if you could not be married you could not be divorced.

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Artificial Reproductive Technology (ART)  Minimal Statutory Scheme  Minnesota Uniform Parentage Act Task Force - We like our law just fine  Failed attempt to add to the paternity statute  Failed attempt to amend the paternity statute

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina ART Case law  Minnesota Courts looked at cases through the lens of:  Paternity Law  Adoption law  Marriage law  Divorce law

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina LaChepelle v. Mitten 607 N.W.2d 151 (Minn. Ct. App. 2000)  F1-F2 and M1-M2 agree M1 to provide sperm  F1 provides egg and carries child  F1-F2 Adopt  F1-F2 Split  M1 wants visitation  F-2 wants custody Key:F1 = Father one; F2 = Father two; M1 = Mother 1; M2 = Mother 2

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina LaChepelle v. Mitten 607 N.W.2d 151 (Minn. Ct. App. 2000)  Court:  F-1 gets sole physical and joint legal custody  F-2 gets third party joint legal custody  Adoption vacated based upon fraud  M-1 is father and gets involvement in child’s life

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Paternity and Custody of Baby Boy A v. JMA 2007 WL (Minn. Unpublished)  Gestational Surrogacy Agreement (GSA)  M supplies sperm (anonymous egg donor)  JMA carries child and wants to keep child  Argues GSA against public policy

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Paternity and Custody of Baby Boy A v. JMA 2007 WL (Minn. Unpublished)  Court:  M adjudicated father  JMA not biological mother and therefore denied parental rights  No MN legislative or judicial prohibition of GSA

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina ALS v EAG 2010 WL (Minn. Unpublished)  Surrogacy Agreement  M-1 and M-2 in committed relationship  F agrees to supply egg and to carry child  F changes mind and wants child  F adjudicated mother

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina ALS v EAG 2010 WL (Minn. Unpublished)  M-1 is adjudicated father  M-1 is given sole legal and physical custody  M-2 is not father  Based upon the MN Parentage Act  Declined to address public policy concerning Surrogacy Agreement

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina In re Adoption of TAM and EJM v LAM 791 N.W.2d 573 (Minn. Ct. App. 2010)  F1-F2  F1 egg and carries/M1 sperm  F2 adopts  F1-F2 split  F1 wants to vacate adoption

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina In re Adoption of TAM and EJM v LAM 791 N.W.2d 573 (Minn. Ct. App. 2010)  F-1 argues MN law does not allow same sex adoption or adoptions by unmarried persons  F-2 argued F-1 frivolous and asked for attorneys fees

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina In re Adoption of TAM and EJM v LAM 791 N.W.2d 573 (Minn. Ct. App. 2010)  Court:  Denies vacation of Adoption as being untimely  Attorney Fees  Court declines to address whether same sex adoptions are lawful

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Same Sex Marriage  In 2013 Minnesota amended Minn. Stat. § to provide that a civil marriage is a civil contract between two persons.  Minn. Stat. § was added to require gender specific words to be interpreted gender neutral for marriage and paternity.

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Crossroads  Unclear Parentage Laws and limited Artificial Reproductive Technology Laws and  Same Sex Marriage Law with gender neutral provision mandates

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina New Lens Societal Changes and Old and New Laws Not Fully Integrated

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina We need to decide who are we to be?  What should the role of the Child Support Program be in determining parentage? and  What should the goal of the Child Support Program be in determining parentage?

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina The real question is: who should be the responsible parents?  In many ways we are trying to shoe-horn the new faces of families into statutory schemes which had different goals.

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Conclusion Life is messy and Minnesota law lags behind life

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina The Future More to Come!