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Washington State Paternity Laws

posted by DNA Identifiers @ 12:10 PM
Friday, July 24, 2009

washington

The below information is a general guide to Washington State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Washington Declaration of Father (Parentage)

Link: Washington Declaration of Mothers (Parentage)

Link: Washington DSHS – Division of Child Support

Link: Washington Courts – Unmarried Parents Help

Changes to Washington State Paternity Laws:
Changes to laws as of July 1, 2011. Male has 60 days to rescind a Paternity Declaration after signing or being assigned. However, after 60 days he must contest the matter in court with an attorney present. Law just changed – male used to have to have up to two years to contest in court, now he has four years. Washington State Law Sections: RCW 26.26-300 through RCW 26.26-370.

Link: http://apps.leg.wa.gov/rcw/default.aspx?cite=26.26

Required Probability of Paternity for Washington Courts: 99%

Required Paternity Index: 100 to 1

Current Washington Paternity Law: RCW 26.26.101 & 26.26.116

Establishment of parent-child relationship.

(1) The mother-child relationship is established between a child and a woman by:

(a) The woman’s having given birth to the child, except as otherwise provided in RCW 26.26.210 through 26.26.260;

(b) An adjudication of the woman’s maternity;

(c) Adoption of the child by the woman;

(d) A valid surrogate parentage contract, under which the mother is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260; or

(e) An affidavit and physician’s certificate in a form prescribed by the department of health wherein the donor of ovum or surrogate gestation carrier sets forth her intent to be legally bound as the parent of a child or children born through alternative reproductive medical technology by filing the affidavit and physician’s certificate with the registrar of vital statistics within ten days after the date of the child’s birth pursuant to RCW 26.26.735.

(2) The father-child relationship is established between a child and a man by:

(a) An unrebutted presumption of the man’s paternity of the child under RCW 26.26.116;

(b) The man’s having signed an acknowledgment of paternity under RCW 26.26.300 through 26.26.375, unless the acknowledgment has been rescinded or successfully challenged;

(c) An adjudication of the man’s paternity;

(d) Adoption of the child by the man;

(e) The man’s having consented to assisted reproduction by his wife under RCW 26.26.700 through 26.26.730 that resulted in the birth of the child; or

(f) A valid surrogate parentage contract, under which the father is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260.

[2002 c 302 § 201.]

RCW 26.26.116
Presumption of paternity in context of marriage.

(1) A man is presumed to be the father of a child if:

(a) He and the mother of the child are married to each other and the child is born during the marriage;

(b) He and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity;

(c) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is, or could be, declared invalid and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity; or

(d) After the birth of the child, he and the mother of the child have married each other in apparent compliance with law, whether or not the marriage is, or could be declared invalid, and he voluntarily asserted his paternity of the child, and:

(i) The assertion is in a record filed with the state registrar of vital statistics;

(ii) Agreed to be and is named as the child’s father on the child’s birth certificate; or

(iii) Promised in a record to support the child as his own.

(2) A presumption of paternity established under this section may be rebutted only by an adjudication under RCW 26.26.500 through 26.26.630.

[2002 c 302 § 204.]

Link: Washington Laws – Establishment of parent-child relationship

Link: Washington Law – Presumption of paternity

This information is a general guide. Research your state laws for current information or contact a family attorney.

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3 Responses to “Washington State Paternity Laws”

  1. Ebonie Moorehead says:

    I really liked reading your post!. Quallity content. With such a valuable blog i believe you deserve to be ranking even higher in the search engines :) .

  2. Vida Conway says:

    What happens to presumption of paternity, If the man and the child’s mother knew he was not the biological father of the child,(mother was one month pregnant with child before she met the man and told the man that she was pregnant. They enter into marriage six weeks before child was born. Child is now 1 years old and parents are getting a dissolution/divorce. Can his name be taken off birth certificate or is he obligated to support this child until child reaches 18 years?

  3. admin says:

    Hello Vida,

    You will need to check with your attorney on this issue. Typically to be removed as a parent he will need a DNA test proving that he is not the biological father. Please let us know if there is any other questions you have.

    Best Wishes,
    The Staff at DNA Identifiers

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