Witso v. Overby

Because the majority has fundamentally misconstrued the Minnesota Parentage Act and reached a result not contemplated by the statute, I respectfully dissent. As I *70read Minn.Stat. § 257.57, subd. 1(a) (2000), Benjamin Witso has no standing to bring a cause of action to challenge James Over-by’s marital presumption of paternity. Furthermore, absent a presumption in Witso’s favor, he cannot bring suit to declare his own paternity under Minn.Stat. § 257.57, subd. 2(1) (2000). Neither Minn. Stat. § 257.60 (2000) (discussing who may be party to an action but not addressing who has standing to bring…