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Smart Summary

Factual and Procedural Background

Keith Markward Berrisford (appellant) and Katherine Ann Berrisford (respondent) were married on May 19, 1978. Their child, Charity Constance Berrisford, was born on August 25, 1978, a few months after the marriage. Appellant signed an application for Charity's birth certificate and initially assumed the role of her father until October 1979. Subsequently, appellant filed for dissolution of the marriage, alleging Charity was a child born of the marriage and seeking custody. Respondent counterpetitioned also asserting Charity was a child of the marriage and sought custody of Charity and another unborn child. Both parties initially verified that appellant was Charity's father, but by February 1980 appellant admitted in an affidavit that Charity was not his child.

In August 1981, appellant moved for an order requiring blood tests for himself, respondent, and Charity to determine paternity, which the trial court denied based on appellant's prior sworn declarations of paternity under Minn.Stat. § 257.34. Later, appellant sought to amend his petition to exclude Charity as his child, which was also denied. At trial, despite both parties testifying that Charity was not appellant's child, the court found both children born of the marriage and imposed child support obligations on appellant for both. Appellant moved for a new trial or to reopen the judgment to allow blood tests to prove non-paternity, which was denied. This appeal followed.

Legal Issues Presented

  1. Whether the trial court erred in denying appellant's motion to require blood tests to determine paternity of Charity.
  2. Whether Minn.Stat. § 257.34, providing conclusive effect to sworn declarations of paternity, applies to appellant's prior declarations.
  3. Whether the doctrine of estoppel bars appellant from denying paternity based on his prior conduct and sworn statements.
  4. Whether the trial court properly denied appellant's motion to amend his petition to exclude Charity as his child.

Arguments of the Parties

Appellant's Arguments

  • Appellant initially accepted Charity as his child but later denied paternity and sought blood tests to conclusively determine the issue.
  • He contended that Minn.Stat. § 257.34 does not apply because his sworn declarations predated the statute's effective date.
  • Argued that blood tests are reliable evidence and necessary to resolve conflicting testimony and prior declarations.
  • Maintained that estoppel should not prevent him from denying paternity given the child's infancy and inability to rely on any representation.
  • Sought to amend the dissolution petition to exclude Charity as his child based on his denial of paternity.

Respondent's Arguments

  • The trial court relied on appellant's prior sworn declarations under Minn.Stat. § 257.34, treating them as conclusive evidence of paternity.
  • Asserted that appellant's conduct and acceptance of a parental role estop him from denying paternity.
  • Opposed reopening the judgment or permitting blood tests to challenge the prior findings of legitimacy and child support obligations.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
State, on Behalf of Ortloff v. Hanson, 277 N.W.2d 205 (Minn. 1979) Endorsed reliability and use of blood tests in paternity actions. Supported the court's view that blood tests are reliable evidence and should be used to resolve paternity disputes.
Hepfel v. Bashaw, 279 N.W.2d 341 (Minn. 1979) Encouraged use of blood tests in paternity cases. Reinforced the court's position favoring blood tests to clarify paternity.
Benson v. LaBatte, 288 N.W.2d 684 (1979) Advocated for admission of blood test evidence in paternity disputes. Supported the court's emphasis on blood tests as reliable proof.
Hanson v. Hanson, 311 Minn. 388, 249 N.W.2d 452 (1977) Permitted blood tests to rebut presumption of legitimacy of a child born during marriage. Used to illustrate precedent for allowing blood tests to challenge paternity presumptions in dissolution cases.
Clevenger v. Clevenger, 189 Cal.App.2d 658, 11 Cal.Rptr. 707 (1961) Estoppel may apply where husband represented himself as father, child relied on representation, and was ignorant of true facts. Cited in discussing the estoppel doctrine and its limited applicability.
In re Marriage of Valle, 53 Cal.App.3d 837, 126 Cal.Rptr. 38 (1975) Estoppel doctrine in paternity and child support contexts. Referenced to analyze applicability of estoppel to appellant's case.
In re Marriage of Johnson, 88 Cal.App.3d 848, 152 Cal.Rptr. 121 (1979) Application of estoppel when husband represents paternity. Considered in evaluating appellant's conduct and estoppel claims.
Myers v. Myers, 39 N.C. App. 201, 249 S.E.2d 853 (1978) Application of estoppel in paternity and child support cases. Used to contrast different judicial approaches to estoppel.
Chambers v. Chambers, 43 N.C. App. 361, 258 S.E.2d 822 (1979) Estoppel doctrine regarding paternity and child support. Referenced to discuss estoppel limitations.
R. D. S. v. S. L. S., 402 N.E.2d 30 (Ind.App. 1980) Refusal to apply estoppel against non-biological father in child support cases. Used to highlight courts that reject estoppel in similar contexts.
Remkiewics v. Remkiewics, 180 Conn. 114, 429 A.2d 833 (1980) Denial of estoppel against husband not biological father in child support matters. Supported the court's conclusion that estoppel did not apply here.
In re Besondy, 32 Minn. 385, 20 N.W. 366 (1884) Husband may terminate assumed parental responsibility if not biological or adoptive father. Supported appellant's right to deny paternity absent estoppel.
Rosen v. Hursh, 464 F.2d 731 (8th Cir. 1972) Legal principle allowing termination of assumed parental obligations if no biological or adoptive relationship. Reinforced the court's ruling on appellant's ability to deny paternity.
Annot., 90 A.L.R.2d 583, 589 (1963) Annotation discussing estoppel in paternity and child support cases. Provided general legal background on estoppel limitations.

Court's Reasoning and Analysis

The court determined that Minn.Stat. § 257.34, which makes sworn declarations of paternity conclusive evidence, did not apply because appellant's declarations predated the statute's effective date. The trial court's reliance on this statute was therefore misplaced. The court emphasized the state's public policy favoring the use of blood tests as reliable evidence to resolve paternity disputes, citing prior Minnesota cases and the Parentage Act provisions encouraging blood testing in such actions. The court rejected the trial court's estoppel reasoning, finding that the child's infancy precluded reliance on any representation of paternity and that appellant had not adopted the child. Consequently, estoppel did not bar appellant from denying paternity. The court concluded that appellant was entitled to have blood tests conducted and considered to resolve the factual question of paternity more reliably, given the conflicting testimony and prior declarations. The court remanded with directions to suspend provisions relating to paternity, visitation, and support pending blood test results, which the trial court must consider in issuing new findings or reaffirming the original order.

Holding and Implications

The court REVERSED the trial court's denial of appellant's motion for blood tests and REMANDED the case with directions to suspend the provisions of the dissolution judgment relating to appellant's paternity, visitation, and support of Charity for 60 days. During this period, the parties and Charity shall submit to blood tests if appellant pays the costs. The trial court shall then consider the blood test results along with other evidence to determine paternity and issue appropriate findings or reaffirm prior orders. If no blood test results are submitted within 60 days, the original judgment provisions will take effect again.

This decision directly affects the parties by allowing a reliable determination of paternity through blood testing and temporarily suspending child support and visitation obligations related to Charity. The court did not establish new precedent beyond clarifying the inapplicability of Minn.Stat. § 257.34 to pre-enactment declarations and reaffirming the state's policy favoring blood tests in paternity disputes.

In Re the Marriage of: Keith Markward BERRISFORD, petitioner, Appellant, v. Katherine Ann BERRISFORD, Respondent.

PETERSON, Justice.

In this action for dissolution of the marriage of appellant, Keith Berrisford, and respondent, Katherine Berrisford, the trial court denied appellant's motion for an order requiring the parties and Charity Constance Berrisford, born a few months after the parties' marriage, to submit to blood tests following appellant's denial of the child's paternity. We have concluded that under the circumstances of this case the motion should have been granted.

Appellant and respondent were married on May 19, 1978. Charity was born August 25, 1978. Appellant then signed an application for a birth certificate for the child and until October 1979 by his own admission assumed the role of her father. On October 29, 1979, he commenced this action, alleging in his petition for dissolution of the marriage that Charity was a child "born of this marriage" and requesting her custody. Respondent counterpetitioned for dissolution of the marriage, alleging also that Charity was a child born of the marriage and seeking her custody and that of a then unborn child. Both parties verified their petitions and at various times prior to February 1980 averred in motions and affidavits that appellant was Charity's father. At that time he represented in an affidavit that "it is an admitted fact that Charity is not his child." He did not contest a temporary order issued in March 1980 which continued temporary custody of the child in respondent but gave him specific visitation rights and determined that he did not then have the ability to pay child support.

In August 1981, a year and a half later, appellant moved for an order directing that the parties and Charity submit to blood tests; in an accompanying affidavit he stated that he had been willing to accept the child "as his own," but had been deprived of visitation and by that time felt that "it would be in the best interests of the child and the Petitioner and Respondent if no further relationship were attempted between the parties."

The trial court denied this motion on the ground that appellant had signed sworn declarations of biological parentage which complied with Minn.Stat. § 257.34 (1980) and under subdivision 2 of this statute these declarations are "conclusive evidence of all the matters stated therein."

On October 27, 1981, two weeks prior to the trial date, appellant moved to amend his dissolution petition to allege that only Christopher Berrisford, a child born in April 1980, was his child. The trial court denied that motion also. At trial both parties testified that Charity was not appellant's child, but the trial court determined in the order dissolving the parties' marriage that both children were born of the marriage. Consequently he imposed on appellant the obligation of supporting both children. In a memorandum accompanying this order the trial court again stated that appellant had complied with Minn.Stat. § 257.34 (1980) and added that the parties appeared to have perjured themselves in giving testimony "diametrically opposite" their prior sworn declarations, that appellant's conduct toward Charity had demonstrated his responsibility for the child, and that appellant had not proved by clear and convincing evidence that he was not the child's father.

Appellant then moved alternatively for a new trial, an order reopening the judgment to obtain blood tests and present their results as evidence to prove that he was not the father of Charity, or an order amending the dissolution order to exclude all reference to the child. He appeals from denial of this motion.

We have concluded that the reasons given by the trial court for holding that blood tests should not be required are not sufficient. The record requires the conclusion that Minn.Stat. § 257.34 is not applicable. Section 257.34, subd. 1 (1980) does provide that the mother and father of an illegitimate child may, "in a writing signed by both of them before a notary public, declare and acknowledge under oath that they are the biological parents of the child," and subdivision 2 states that such a declaration "shall be conclusive evidence of the matters stated therein." This statute is not applicable to the written declarations made by appellant, however, because the legislature expressly provided that the effective date of section 257.34, originally § 3 of Act of April 14, 1980, ch. 561, 1980 Minn. Laws 775, was the day following final enactment of ch. 461. See, Act of April 14, 1980, ch. 561, § 15, 1980 Minn. Laws 775, 781. Appellant signed no sworn written declaration that he was Charity's parent on or after the effective date of the statute.

We have concluded also that the parties' apparent perjury is no reason to foreclose the use of blood tests. Instead, it underscores the need for more reliable evidence on the issue of whether appellant is the child's father. We have stressed the reliability of blood tests and urged their use in paternity actions. See, State, on Behalf of Ortloff v. Hanson, 277 N.W.2d 205 (Minn. 1979); Hepfel v. Bashaw, 279 N.W.2d 341 (Minn. 1979); Benson v. LaBatte, 288 N.W.2d 684, 685 (1979). In 1980, the legislature enacted the Parentage Act, Minn.Stat. §§ 257.51 to 257.74, which is modeled on the Uniform Parentage Act. Act of April 23, 1980, ch. 589, 1980 Minn. Laws 1070. Section 257.55, subd. 1(a) provides that a man is presumed to be the natural father of a child born to his wife during their marriage; section 257.57, subd. 1, provides that a child, his natural mother or a man presumed to be his father under section 257.55, subd. 1(a) may bring an action to declare the existence or nonexistence of the presumed father and child relationship; and section 257.62 provides that a court may, and upon request of a party in such an action, shall require the mother, child and alleged father to submit to blood tests. These statutes clearly evince that the present public policy of this state is to encourage use of such evidence when paternity is in issue. Indeed, several years prior to enactment of the Parentage Act, this court held that blood tests had properly been admitted in an action for dissolution of a marriage to rebut the presumption of legitimacy accorded a child born during the marriage. Hanson v. Hanson, 311 Minn. 388, 249 N.W.2d 452 (1977).

Admittedly, Hanson differs from this case because the petitioning husband there had at all times denied that he was the child's father. Here the trial court viewed appellant's sworn statements that he was the child's father and his assumption of a parental role during the first 14 months of her life as conduct which estops him from asserting that he is not in fact her father. A few courts have held that estoppel should be invoked if the evidence establishes that a husband represented to his wife's child that the husband was the child's father, that the husband intended the representation to be accepted and acted upon by the child, that the child relied upon the representation and treated the husband as his father, and that the child was ignorant of the true facts. See, Clevenger v. Clevenger, 189 Cal.App.2d 658, 11 Cal.Rptr. 707 (1961); In re Marriage of Valle, 53 Cal.App.3d 837, 126 Cal.Rptr. 38 (1975); In re Marriage of Johnson, 88 Cal.App.3d 848, 152 Cal.Rptr. 121 (1979). See also, Myers v. Myers, 39 N.C. App. 201, 249 S.E.2d 853 (1978), disc. rev. denied, 296 N.C. 736, 254 S.E.2d 178 (1979); Chambers v. Chambers, 43 N.C. App. 361, 258 S.E.2d 822 (1979). Other courts have refused to apply estoppel against a husband who was not the biological father of the child in cases in which the wife sought to obtain child support. R. D. S. v. S. L. S., 402 N.E.2d 30 (Ind.App. 1980); Remkiewics v. Remkiewics, 180 Conn. 114, 429 A.2d 833 (1980).

The facts in this case do not permit estoppel. It is clear that appellant assumed a parental role during the relatively short period the parties lived together, but he did not adopt Charity and a child so young could not have given thought to the nature of her relationship to appellant and could not have relied on any representation inferable from his conduct. In the absence of estoppel, appellant was free to terminate the responsibility he had assumed if he is not in fact the child's biological or adoptive father. See, In re Besondy, 32 Minn. 385, 20 N.W. 366 (1884); Rosen v. Hursh, 464 F.2d 731 (8th Cir. 1972); Annot., 90 A.L.R.2d 583, 589 (1963). In light of his decision to do so, requiring further reliable evidence on the issue of whether appellant is the child's father may well be in her best interests also. Cf. Hepfel v. Bashaw, 279 N.W.2d 342, 346 (1979).

We remand with directions that the provisions of the judgment of dissolution relating to appellant's paternity of Charity, his right to visitation and his duty to support her be suspended for a period of 60 days. During that time the parties and Charity shall submit to blood tests if appellant will pay their cost. If such tests are obtained, appellant may furnish their results to the trial court, who shall consider them together with the other evidence on the issue of whether appellant is Charity's biological father and thereafter either issue new findings of fact and conclusions of law relevant to that issue or reaffirm the suspended provisions. If appellant does not submit blood test results to the trial court within 60 days, however, those provisions of the original judgment will again be effective.

Remanded with directions.

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BERRISFORD v. BERRISFORD
(Aug 13, 1982)