(dissenting).
I respectfully dissent and would affirm the trial court’s decision. Kelly seeks a declaration that he is the father of a thirteen-month-old child. However, he has standing to bring this action only if he is a presumed father under the Uniform Parentage Act. See Minn.Stat. § 257.57 (1991). While Kelly alleges he is a presumed father under Minn.Stat. § 257.55, subd. 1(f), he failed to offer any evidence of *829the statistical probability of paternity based on blood testing. Under these circumstances, he does not meet the statutory requirements of a presumed father and has no standing to challenge the child’s paternity. See Pierce v. Pierce, 374 N.W.2d 450, 452 (Minn.App.1985), pet. for rev. denied (Minn. Nov. 4, 1985). Comments from a guardian ad litem would be immaterial to the determination of Kelly’s standing to maintain this action.
Kelly’s attempt to buttress his case with test results produced for the first time in an appendix to his brief is of no consequence. In addition to serious questions of admissibility, the document cannot be considered because it was not presented to the trial court. See Stearns v. Hertz Corp., 326 F.2d 405, 408 (8th Cir.), cert. denied, 377 U.S. 934, 84 S.Ct. 1338, 12 L.Ed.2d 298 (1964) (an appeal is to be determined upon the record below); Thiele v. Stick, 425 N.W.2d 580, 582-83 (Minn.1988) (an appellate court may only consider matters produced and received as evidence below).
We can only consider evidence properly admitted at trial or newly discovered evidence. See Keller v. Wolf, 239 Minn. 397, 404, 58 N.W.2d 891, 897 (1953); Minn. R.Civ.P. 60.02. Kelly admits he knew of the test results before commencing this paternity action. Without a showing of unavailability in time for a Minn.R.Civ.P. 59.03 motion, the test results cannot qualify as newly discovered. See Snider v. State Dept. of Transp., 445 N.W.2d 578, 580 (Minn.App.1989). Under the undisputed facts, Kelly cannot meet the requirements for relief under Minn.R.Civ.P. 60.-02(a). While we might be tempted to decide the role of the marriage presumption in the face of scientific proof under Minn. Stat. § 257.55, subd. 2 (1990), without a proper record that issue is not before us. See Grinolds v. Independent Sch. Dist. No. 597, 346 N.W.2d 123, 128 (Minn.1984) (appellate review is limited to the record).