RCW ch. 26.26A — Revised Code of Washington Chapter 26.26A RCW — Uniform Parentage Act

RCW 26.26A.00099 26.26A.00099' >GENERAL PROVISIONS RCW 26.26A.005 Short title—2018 c 6. This act may be known and cited as the uniform parentage act. [ 2018 c 6 s 101.] RCW 26.26A.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Acknowledged parent" means an individual who has established a parent-child relationship under RCW 26.26A.200 through 26.26A.265. (2) "Adjudicated parent" means an individual who has been adjudicated to be a parent of a child by a court with jurisdiction. (3) "Alleged genetic parent" means an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does not include: (a) A presumed parent; (b) An individual whose parental rights have been terminated or declared not to exist; or (c) A donor. (4) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes: (a) Intrauterine or intracervical insemination; (b) Donation of gametes; (c) Donation of embryos; (d) In-vitro fertilization and transfer of embryos; and (e) Intracytoplasmic sperm injection. (5) "Birth record" means a report of birth that has been registered by the state registrar of vital statistics. (6) "Child" means an individual of any age whose parentage may be determined under this chapter. (7) "Child support agency" means a government entity, public official, or private agency, authorized to provide parentage-establishment services under Title IV-D of the social security act, 42 U.S.C. Secs. 651 through 669. (8) "Determination of parentage" means establishment of a parent-child relationship by a judicial proceeding or signing of a valid acknowledgment of parentage under RCW 26.26A.200 through 26.26A.265. (9) "Donor" means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration. The term does not include: (a) A woman who gives birth to a child conceived by assisted reproduction, except as otherwise provided in RCW 26.26A.700 through 26.26A.785; or (b) A parent under RCW 26.26A.600 through 26.26A.635 or an intended parent under RCW 26.26A.700 through 26.26A.785. (10) "Gamete" means sperm, egg, or any part of a sperm or egg. (11) "Genetic testing" means an analysis of genetic markers to identify or exclude a genetic relationship. (12) "Individual" means a natural person of any age. (13) "Intended parent" means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction. (14) "Man" means a male individual of any age. (15) "Parent" means an individual who has established a parent-child relationship under RCW 26.26A.100. (16) "Parentage" or "parent-child relationship" means the legal relationship between a child and a parent of the child. (17) "Presumed parent" means an individual who under RCW 26.26A.115 is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under RCW 26.26A.200 through 26.26A.265, or a court adjudicates the individual to be a parent. (18) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (19) "Sign" means, with present intent to authenticate or adopt a record: (a) To execute or adopt a tangible symbol; or (b) To attach to or logically associate with the record an electronic symbol, sound, or process. (20) "Signatory" means an individual who signs a record. (21) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes a federally recognized Indian tribe. (22) "Transfer" means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the woman who will give birth to the child. (23) "Witnessed" means that at least one individual who is authorized to sign has signed a record to verify that the individual personally observed a signatory sign the record. (24) "Woman" means a female individual of any age. [ 2018 c 6 s 102.] RCW 26.26A.020 Scope. (1) This chapter applies to an adjudication or determination of parentage. (2) This chapter does not create, affect, enlarge, or diminish parental rights or duties under law of this state other than this chapter. [ 2018 c 6 s 103.] RCW 26.26A.030 Authorized courts. The superior courts of this state may adjudicate parentage under this chapter. [ 2018 c 6 s 104.] RCW 26.26A.040 Choice of law. The court shall apply the law of this state to adjudicate parentage. The applicable law does not depend on: (1) The place of birth of the child; or (2) The past or present residence of the child. [ 2018 c 6 s 105.] RCW 26.26A.050 Data privacy. A proceeding under this chapter is subject to law of this state other than this chapter which governs the health, safety, privacy, and liberty of a child or other individual who could be affected by disclosure of information that could identify the child or other individual, including address, telephone number, digital contact information, place of employment, social security number, and the child's day care facility or school. [ 2018 c 6 s 106.] RCW 26.26A.060 Provisions applicable to father-child relationship also applicable to mother-child relationship and vice versa. To the extent practicable, a provision of this chapter applicable to a father-child relationship applies to a mother-child relationship and a provision of this chapter applicable to a mother-child relationship applies to a father-child relationship. [ 2018 c 6 s 107.] RCW 26.26A.070 Mandatory use of approved forms and format rules. (1) Effective January 1, 2020, a party shall not file any pleading with the clerk of the court in an action commenced under this chapter unless on forms approved by the administrator for the courts. (2) The administrative office of the courts shall develop and approve standard court forms and format rules for mandatory use by litigants in all actions commenced under this chapter effective January 1, 2020. The administrative office of the courts has continuing responsibility to develop and revise mandatory forms and format rules as appropriate. [ 2019 c 46 s 1003.] RCW 26.26A.09999 26.26A.09999' >PARENT-CHILD RELATIONSHIP RCW 26.26A.100 Establishment of parent-child relationship. A parent-child relationship is established between an individual and a child if: (1) The individual gives birth to the child, except as otherwise provided in RCW 26.26A.700 through 26.26A.785; (2) There is a presumption under RCW 26.26A.115 of the individual's parentage of the child, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made under RCW 26.26A.200 through 26.26A.265; (3) The individual is adjudicated a parent of the child under RCW 26.26A.400 through 26.26A.515; (4) The individual adopts the child; (5) The individual acknowledges parentage of the child under RCW 26.26A.200 through 26.26A.265, unless the acknowledgment is rescinded under RCW 26.26A.235 or successfully challenged under RCW 26.26A.200 through 26.26A.265 or 26.26A.400 through 26.26A.515; (6) The individual's parentage of the child is established under RCW 26.26A.600 through 26.26A.635; or (7) The individual's parentage of the child is established under RCW 26.26A.705 through 26.26A.730. [ 2018 c 6 s 201.] RCW 26.26A.105 No discrimination based on marital status of parent. A parent-child relationship extends equally to every child and parent, regardless of the marital status of the parent. [ 2018 c 6 s 202.] RCW 26.26A.110 Consequences of establishing parentage. Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise provided by law of this state other than this chapter. [ 2018 c 6 s 203.] RCW 26.26A.115 Presumption of parentage. (1) An individual is presumed to be a parent of a child if: (a) Except as otherwise provided under RCW 26.26A.700 through 26.26A.785, or law of this state other than this chapter: (i) The individual and the woman who gave birth to the child are married to or in a state registered domestic partnership with each other and the child is born during the marriage or partnership, whether the marriage or partnership is or could be declared invalid; (ii) The individual and the woman who gave birth to the child were married to or in a state registered domestic partnership with each other and the child is born not later than three hundred days after the marriage or partnership is terminated by death, dissolution, annulment, declaration of invalidity, or legal separation, whether the marriage or partnership is or could be declared invalid; or (iii) The individual and the woman who gave birth to the child married or entered into a state registered domestic partnership with each other after the birth of the child, whether the marriage or partnership is or could be declared invalid, the individual at any time asserted parentage of the child, and: (A) The assertion is in a record filed with the state registrar of vital statistics; or (B) The individual agreed to be and is named as a parent of the child on the birth record of the child; or (b) The individual resided in the same household with the child for the first four years of the life of the child, including any period of temporary absence, and openly held out the child as the individual's child. (2) A presumption of parentage under this section may be overcome, and competing claims to parentage may be resolved, only by an adjudication under RCW 26.26A.400 through 26.26A.515, or a valid denial of parentage under RCW 26.26A.200 through 26.26A.265. [ 2018 c 6 s 204.] RCW 26.26A.120 Rule-making authority—RCW 26.26A.115. The secretary of the department of health may adopt rules under the state administrative procedure act, chapter 34.05 RCW, to implement RCW 26.26A.115. [ 2018 c 6 s 205.] RCW 26.26A.125 Filing fee—Assertion of parentage. The secretary of the department of health may charge a fee for filing an assertion of parentage. [ 2018 c 6 s 206.] RCW 26.26A.19999 26.26A.19999' >VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE RCW 26.26A.200 Acknowledgment of parentage. A woman who gave birth to a child and an alleged genetic father of the child, intended parent under RCW 26.26A.600 through 26.26A.635, or presumed parent may sign an acknowledgment of parentage to establish the parentage of the child. [ 2018 c 6 s 301.] RCW 26.26A.205 Execution of acknowledgment of parentage. (1) An acknowledgment of parentage under RCW 26.26A.200 must: (a) Be in a record signed by the woman who gave birth to the child and by the individual seeking to establish a parent-child relationship, and the signatures must be attested by a notarial officer or witnessed; (b) State that the child whose parentage is being acknowledged: (i) Does not have a presumed parent other than the individual seeking to establish the parent-child relationship or has a presumed parent whose full name is stated; and (ii) Does not have another acknowledged parent, adjudicated parent, or individual who is a parent of the child under RCW 26.26A.600 through 26.26A.635 and 26.26A.700 through 26.26A.785, other than the woman who gave birth to the child; and (c) State that the signatories understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred four years after the effective date of the acknowledgment. (2) An acknowledgment of parentage is void if, at the time of signing: (a) An individual other than the individual seeking to establish parentage is a presumed parent, unless a denial of parentage by the presumed parent in a signed record is filed with the state registrar of vital statistics; or (b) An individual, other than the woman who gave birth to the child or the individual seeking to establish parentage, is an acknowledged or adjudicated parent or a parent under RCW 26.26A.600 through 26.26A.635 and 26.26A.700 through 26.26A.785. [ 2018 c 6 s 302.] RCW 26.26A.210 Denial of parentage. A presumed parent or alleged genetic parent may sign a denial of parentage in a record. The denial of parentage is valid only if: (1) An acknowledgment of parentage by another individual is filed under RCW 26.26A.220; (2) The signature of the presumed parent or alleged genetic parent is attested by a notarial officer or witnessed; and (3) The presumed parent or alleged genetic parent has not previously: (a) Completed a valid acknowledgment of parentage, unless the previous acknowledgment was rescinded under RCW 26.26A.235 or challenged successfully under RCW 26.26A.240; or (b) Been adjudicated to be a parent of the child. [ 2018 c 6 s 303.] RCW 26.26A.215 Acknowledgment or denial of parentage—Requirements. (1) An acknowledgment of parentage and a denial of parentage may be contained in a single document or may be in counterparts and may be filed with the state registrar of vital statistics separately or simultaneously. If filing of the acknowledgment and denial both are required under this chapter, neither is effective until both are filed. (2) An acknowledgment of parentage or denial of parentage may be signed before or after the birth of the child. (3) Subject to subsection (1) of this section, an acknowledgment of parentage or denial of parentage takes effect on the birth of the child or filing of the document with the state registrar of vital statistics, whichever occurs later. (4) An acknowledgment of parentage or denial of parentage signed by a minor is valid if the acknowledgment complies with this chapter. [ 2018 c 6 s 304.] RCW 26.26A.220 Effect of acknowledgment or denial of parentage. (1) Except as otherwise provided in RCW 26.26A.235 and 26.26A.240, an acknowledgment of parentage that complies with RCW 26.26A.200 through 26.26A.265 and is filed with the state registrar of vital statistics is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent. (2) Except as otherwise provided in RCW 26.26A.235 and 26.26A.240, a denial of parentage by a presumed parent or alleged genetic parent which complies with RCW 26.26A.200 through 26.26A.265 and is filed with the state registrar of vital statistics with an acknowledgment of parentage that complies with RCW 26.26A.200 through 26.26A.265 is equivalent to an adjudication of the nonparentage of the presumed parent or alleged genetic parent and discharges the presumed parent or alleged genetic parent from all rights and duties of a parent. [ 2018 c 6 s 305.] RCW 26.26A.225 Filing fee—Acknowledgment or denial of parentage. The secretary of the department of health may charge a fee for filing an acknowledgment of parentage or denial of parentage, or for filing a rescission of an acknowledgment of parentage or denial of parentage. [ 2018 c 6 s 306.] RCW 26.26A.230 Ratification of an unchallenged acknowledgment of parentage barred. A court conducting a judicial proceeding or an administrative agency conducting an administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of parentage. [ 2018 c 6 s 307.] RCW 26.26A.235 Procedure for rescission of an acknowledgment or denial of parentage. (1) A signatory may rescind an acknowledgment of parentage or denial of parentage by filing with the state registrar of vital statistics a rescission in a signed record which is attested by a notarial officer or witnessed, before the earlier of: (a) Sixty days after the effective date under RCW 26.26A.215 of the acknowledgment or denial; or (b) The date of the first hearing before a court in a proceeding, to which the signatory is a party, to adjudicate an issue relating to the child, including a proceeding that establishes support. (2) If an acknowledgment of parentage is rescinded under subsection (1) of this section, an associated denial of parentage is invalid, and the state registrar of vital statistics shall notify the woman who gave birth to the child and the individual who signed a denial of parentage of the child that the acknowledgment has been rescinded. Failure to give the notice required by this subsection does not affect the validity of the rescission. [ 2018 c 6 s 308.] RCW 26.26A.240 Challenge after expiration of period for rescission. (1) After the period for rescission under RCW 26.26A.235 expires, but not later than four years after the effective date under RCW 26.26A.215 of an acknowledgment of parentage or denial of parentage, a signatory of the acknowledgment or denial may commence a proceeding to challenge the acknowledgment or denial, including a challenge brought under RCW 26.26A.465, only on the basis of fraud, duress, or material mistake of fact. (2) A challenge to an acknowledgment of parentage or denial of parentage by an individual who was not a signatory to the acknowledgment or denial is governed by RCW 26.26A.445. [ 2018 c 6 s 309.] RCW 26.26A.245 Procedure for challenge of an acknowledgment or denial of parentage by signatory. (1) Every signatory to an acknowledgment of parentage and any related denial of parentage must be made a party to a proceeding to challenge the acknowledgment or denial. (2) By signing an acknowledgment of parentage or denial of parentage, a signatory submits to personal jurisdiction in this state in a proceeding to challenge the acknowledgment or denial, effective on the filing of the acknowledgment or denial with the state registrar of vital statistics. (3) The court may not suspend the legal responsibilities arising from an acknowledgment of parentage, including the duty to pay child support, during the pendency of a proceeding to challenge the acknowledgment or a related denial of parentage, unless the party challenging the acknowledgment or denial shows good cause. (4) A party challenging an acknowledgment of parentage or denial of parentage has the burden of proof. (5) If the court determines that a party has satisfied the burden of proof under subsection (4) of this section, the court shall order the state registrar of vital statistics to amend the birth record of the child to reflect the legal parentage of the child. (6) A proceeding to challenge an acknowledgment of parentage or denial of parentage must be conducted under RCW 26.26A.400 through 26.26A.515. [ 2018 c 6 s 310.] RCW 26.26A.250 Full faith and credit. The court shall give full faith and credit to an acknowledgment of parentage or denial of parentage effective in another state if the acknowledgment or denial was in a signed record and otherwise complies with law of the other state. [ 2018 c 6 s 311.] RCW 26.26A.255 Forms for acknowledgment or denial of parentage. (1) The state registrar of vital statistics shall prescribe forms for an acknowledgment of parentage and denial of parentage. (2) A valid acknowledgment of parentage or denial of parentage is not affected by a later modification of the form under subsection (1) of this section. [ 2018 c 6 s 312.] RCW 26.26A.260 Release of information relating to an acknowledgment or denial of parentage. The state registrar of vital statistics may release information relating to an acknowledgment of parentage or denial of parentage to a signatory of the acknowledgment or denial, a court, a federal agency, an agency operating a child welfare program under Title IV-E of the social security act, and a child support agency of this or another state. [ 2019 c 470 s 4; 2018 c 6 s 313.] RCW 26.26A.265 Rule-making authority—RCW 26.26A.200 through 26.26A.265. The secretary of the department of health may adopt rules under the state administrative procedure act, chapter 34.05 RCW, to implement RCW 26.26A.200 through 26.26A.265. [ 2018 c 6 s 314.] RCW 26.26A.29999 26.26A.29999' >GENETIC TESTING RCW 26.26A.300 Definitions—Genetic testing—RCW 26.26A.300 through 26.26A.355. The definitions in this section apply throughout RCW 26.26A.300 through 26.26A.355 unless the context clearly requires otherwise. (1) "Combined relationship index" means the product of all tested relationship indices. (2) "Ethnic or racial group" means, for the purpose of genetic testing, a recognized group that an individual identifies as the individual's ancestry or part of the ancestry or that is identified by other information. (3) "Hypothesized genetic relationship" means an asserted genetic relationship between an individual and a child. (4) "Probability of parentage" means, for the ethnic or racial group to which an individual alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability. (5) "Relationship index" means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship. [ 2018 c 6 s 401.] RCW 26.26A.305 Scope—Limitation on use of genetic testing. (1) This subchapter, RCW 26.26A.300 through 26.26A.355, governs genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual: (a) Voluntarily submits to testing; or (b) Is tested under an order of the court or a child support agency. (2) Genetic testing may not be used: (a) To challenge the parentage of an individual who is a parent under RCW 26.26A.600 through 26.26A.635 and 26.26A.700 through 26.26A.785; or (b) To establish the parentage of an individual who is a donor. [ 2018 c 6 s 402.] RCW 26.26A.310 Authority to order or deny genetic testing. (1) Except as otherwise provided in RCW 26.26A.300 through 26.26A.355 or 26.26A.400 through 26.26A.515, in a proceeding under this chapter to determine parentage, the court shall order the child and any other individual to submit to genetic testing if a request for testing is supported by the sworn statement of a party: (a) Alleging a reasonable possibility that the individual is the child's genetic parent; or (b) Denying genetic parentage of the child and stating facts establishing a reasonable possibility that the individual is not a genetic parent. (2) A child support agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated parent of a child other than the woman who gave birth to the child. (3) The court or child support agency may not order in utero genetic testing. (4) If two or more individuals are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially. (5) Genetic testing of a woman who gave birth to a child is not a condition precedent to testing of the child and an individual whose genetic parentage of the child is being determined. If the woman is unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each individual whose genetic parentage of the child is being adjudicated. (6) In a proceeding to adjudicate the parentage of a child having a presumed parent or an individual who claims to be a parent under RCW 26.26A.440, or to challenge an acknowledgment of parentage, the court may deny a motion for genetic testing of the child and any other individual after considering the factors in RCW 26.26A.460 (1) and (2). (7) If an individual requesting genetic testing is barred under RCW 26.26A.400 through 26.26A.515 from establishing the individual's parentage, the court shall deny the request for genetic testing. (8) An order under this section for genetic testing is enforceable by contempt. [ 2018 c 6 s 403.] RCW 26.26A.315 Requirements for genetic testing. (1) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by: (a) The AABB, formerly known as the American association of blood banks, or a successor to its functions; or (b) An accrediting body designated by the secretary of the United States department of health and human services. (2) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing. (3) Based on the ethnic or racial group of an individual undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If an individual or a child support agency objects to the laboratory's choice, the following rules apply: (a) Not later than thirty days after receipt of the report of the test, the objecting individual or child support agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory. (b) The individual or the child support agency objecting to the laboratory's choice under this subsection shall: (i) If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or (ii) Engage another laboratory to perform the calculations. (c) The laboratory may use its own statistical estimate if there is a question which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested. (4) If, after recalculation of the relationship index under subsection (3) of this section using a different ethnic or racial group, genetic testing under RCW 26.26A.325 does not identify an individual as a genetic parent of a child, the court may require an individual who has been tested to submit to additional genetic testing to identify a genetic parent. [ 2018 c 6 s 404.] RCW 26.26A.320 Report of genetic testing. (1) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report complying with the requirements of RCW 26.26A.300 through 26.26A.355 is self-authenticating. (2) Documentation from a testing laboratory of the following information is sufficient to establish a reliable chain of custody and allow the results of genetic testing to be admissible without testimony: (a) The name and photograph of each individual whose specimen has been taken; (b) The name of the individual who collected each specimen; (c) The place and date each specimen was collected; (d) The name of the individual who received each specimen in the testing laboratory; and (e) The date each specimen was received. [ 2018 c 6 s 405.] RCW 26.26A.325 Genetic testing results—Challenge to results. (1) Subject to a challenge under subsection (2) of this section, an individual is identified under this chapter as a genetic parent of a child if genetic testing complies with RCW 26.26A.300 through 26.26A.355 and the results of the testing disclose: (a) The individual has at least a ninety-nine percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing; and (b) A combined relationship index of at least one hundred to one. (2) An individual identified under subsection (1) of this section as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of RCW 26.26A.300 through 26.26A.355 which: (a) Excludes the individual as a genetic parent of the child; or (b) Identifies another individual as a possible genetic parent of the child other than: (i) The woman who gave birth to the child; or (ii) The individual identified under subsection (1) of this section. (3) Except as otherwise provided in RCW 26.26A.350, if more than one individual other than the woman who gave birth is identified by genetic testing as a possible genetic parent of the child, the court shall order each individual to submit to further genetic testing to identify a genetic parent. [ 2018 c 6 s 406.] RCW 26.26A.330 Cost of genetic testing. (1) Subject to assessment of fees under RCW 26.26A.400 through 26.26A.515, payment of the cost of initial genetic testing must be made in advance: (a) By a child support agency in a proceeding in which the child support agency is providing services; (b) By the individual who made the request for genetic testing; (c) As agreed by the parties; or (d) As ordered by the court. (2) If the cost of genetic testing is paid by a child support agency, the agency may seek reimbursement from the genetic parent whose parent-child relationship is established. [ 2018 c 6 s 407.] RCW 26.26A.335 Additional genetic testing. The court or child support agency shall order additional genetic testing on request of an individual who contests the result of the initial testing under RCW 26.26A.325. If initial genetic testing under RCW 26.26A.325 identified an individual as a genetic parent of the child, the court or agency may not order additional testing unless the contesting individual pays for the testing in advance. [ 2018 c 6 s 408.] RCW 26.26A.340 Genetic testing when specimen not available. (1) Subject to subsection (2) of this section, if a genetic testing specimen is not available from an alleged genetic parent of a child, an individual seeking genetic testing demonstrates good cause, and the court finds that the circumstances are just, the court may order any of the following individuals to submit specimens for genetic testing: (a) A parent of the alleged genetic parent; (b) A sibling of the alleged genetic parent; (c) Another child of the alleged genetic parent and the woman who gave birth to the other child; and (d) Another relative of the alleged genetic parent necessary to complete genetic testing. (2) To issue an order under this section, the court must find that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested. [ 2018 c 6 s 409.] RCW 26.26A.345 Genetic testing—Deceased individual. If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual. [ 2018 c 6 s 410.] RCW 26.26A.350 Genetic testing—Identical siblings. (1) If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling. (2) If more than one sibling is identified under RCW 26.26A.325 as a genetic parent of the child, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic parent of the child. [ 2018 c 6 s 411.] RCW 26.26A.355 Confidentiality of genetic testing—Penalty. (1) Release of a report of genetic testing for parentage is controlled by chapter 70.02 RCW. (2) An individual who intentionally releases an identifiable specimen of another individual collected for genetic testing under RCW 26.26A.300 through 26.26A.355, for a purpose not relevant to a proceeding regarding parentage, without a court order or written permission of the individual who furnished the specimen, commits a gross misdemeanor punishable under RCW 9.92.020. [ 2018 c 6 s 412.] RCW 26.26A.39999 26.26A.39999' >PROCEEDING TO ADJUDICATE PARENTAGE Nature of Proceeding RCW 26.26A.400 Proceeding to adjudicate parentage—Authorization. (1) A proceeding may be commenced to adjudicate the parentage of a child. Except as otherwise provided in this chapter, the proceeding is governed by the rules of civil procedure. (2) A proceeding to adjudicate the parentage of a child born under a surrogacy agreement is governed by RCW 26.26A.700 through 26.26A.785. [ 2018 c 6 s 501.] RCW 26.26A.405 Standing to maintain proceeding to adjudicate parentage. Except as otherwise provided in RCW 26.26A.200 through 26.26A.265 and 26.26A.435 through 26.26A.450, a proceeding to adjudicate parentage may be maintained by: (1) The child; (2) The woman who gave birth to the child, unless a court has adjudicated that she is not a parent; (3) An individual who is a parent under this chapter; (4) An individual whose parentage of the child is to be adjudicated; (5) The division of child support; (6) An adoption agency authorized by law of this state other than this chapter or licensed child placement agency; or (7) A representative authorized by law of this state other than this chapter to act for an individual who otherwise would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor. [ 2018 c 6 s 502.] RCW 26.26A.410 Notice of proceeding to adjudicate parentage. (1) The petitioner shall give notice of a proceeding to adjudicate parentage to the following individuals: (a) The woman who gave birth to the child, unless a court has adjudicated that she is not a parent; (b) An individual who is a parent of the child under this chapter; (c) A presumed, acknowledged, or adjudicated parent of the child; and (d) An individual whose parentage of the child is to be adjudicated. (2) An individual entitled to notice under subsection (1) of this section has a right to intervene in the proceeding. (3) Lack of notice required by subsection (1) of this section does not render a judgment void. Lack of notice does not preclude an individual entitled to notice under subsection (1) of this section from bringing a proceeding under RCW 26.26A.450(2). (4) Notice must be by service of the summons and complaint on all parties entitled to receive notice under subsection (1) of this section. (5) In cases where the child is dependent or alleged to be dependent under chapter 13.34 RCW, the petitioner shall give notice to the state agency administering the plan under Title IV-E of the social security act. [ 2019 c 470 s 25; 2019 c 46 s 1004; 2018 c 6 s 503.] NOTES: Reviser's note: RCW 26.26A.415 Proceeding to adjudicate parentage—Personal jurisdiction. (1) The court may adjudicate an individual's parentage of a child only if the court has personal jurisdiction over the individual. (2) A court of this state with jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in RCW 26.21A.100 are satisfied. (3) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual. [ 2018 c 6 s 504.] RCW 26.26A.420 Proceeding to adjudicate parentage—Venue. Except as otherwise provided in RCW 26.26A.730, venue for a proceeding to adjudicate parentage is in the county of this state in which: (1) The child resides or is located; (2) If the child does not reside in this state, the respondent resides or is located; or (3) A proceeding has been commenced for administration of the estate of an individual who is or may be a parent under this chapter. [ 2018 c 6 s 505.] RCW 26.26A.42099 26.26A.42099' >Special Rules for Proceeding to Adjudicate Parentage RCW 26.26A.425 Proceeding to adjudicate parentage—Admissibility of results of genetic testing. (1) Except as otherwise provided in RCW 26.26A.305(2), the court shall admit a report of genetic testing ordered by the court under RCW 26.26A.310 as evidence of the truth of the facts asserted in the report. (2) A party may object to the admission of a report described in subsection (1) of this section, not later than fourteen days after the party receives the report. The party shall cite specific grounds for exclusion. (3) A party that objects to the results of genetic testing may call a genetic testing expert to testify in person or by another method approved by the court. Unless the court orders otherwise, the party offering the testimony bears the expense for the expert testifying. (4) Admissibility of a report of genetic testing is not affected by whether the testing was performed: (a) Voluntarily or under an order of the court or a child support agency; or (b) Before, on, or after commencement of the proceeding. [ 2018 c 6 s 506.] RCW 26.26A.430 Adjudicating parentage of child with alleged genetic parent. (1) A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child may be commenced: (a) Before the child becomes an adult; or (b) After the child becomes an adult, but only if the child initiates the proceeding. (2) Except as otherwise provided in RCW 26.26A.465, this subsection applies in a proceeding described in subsection (1) of this section if the woman who gave birth to the child is the only other individual with a claim to parentage of the child. The court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent: (a) Is identified under RCW 26.26A.325 as a genetic parent of the child and the identification is not successfully challenged under RCW 26.26A.325; (b) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines the alleged genetic parent to be a parent of the child; (c) Declines to submit to genetic testing ordered by the court or a child support agency, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child; (d) Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child; or (e) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child. (3) Except as otherwise provided in RCW 26.26A.465 and subject to other limitations in RCW 26.26A.400 through 26.26A.515, if in a proceeding involving an alleged genetic parent, at least one other individual in addition to the woman who gave birth to the child has a claim to parentage of the child, the court shall adjudicate parentage under RCW 26.26A.460. [ 2018 c 6 s 507.] RCW 26.26A.435 Adjudicating parentage of child with presumed parent. (1) A proceeding to determine whether a presumed parent is a parent of a child may be commenced: (a) Before the child becomes an adult; or (b) After the child becomes an adult, but only if the child initiates the proceeding. (2) A presumption of parentage under RCW 26.26A.115 cannot be overcome after the child attains four years of age unless the court determines: (a) The presumed parent is not a genetic parent, never resided with the child, and never held out the child as the presumed parent's child; or (b) The child has more than one presumed parent. (3) Except as otherwise provided in RCW 26.26A.465, the following rules apply in a proceeding to adjudicate a presumed parent's parentage of a child if the woman who gave birth to the child is the only other individual with a claim to parentage of the child: (a) If no party to the proceeding challenges the presumed parent's parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child. (b) If the presumed parent is identified under RCW 26.26A.325 as a genetic parent of the child and that identification is not successfully challenged under RCW 26.26A.325, the court shall adjudicate the presumed parent to be a parent of the child. (c) If the presumed parent is not identified under RCW 26.26A.325 as a genetic parent of the child and the presumed parent or the woman who gave birth to the child challenges the presumed parent's parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors under RCW 26.26A.460 (1) and (2). (4) Except as otherwise provided in RCW 26.26A.465 and subject to other limitations in RCW 26.26A.400 through 26.26A.515, if in a proceeding to adjudicate a presumed parent's parentage of a child, another individual in addition to the woman who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under RCW 26.26A.460. [ 2018 c 6 s 508.] RCW 26.26A.440 Adjudicating claim of de facto parentage of child. (1) A proceeding to establish parentage of a child under this section may be commenced only by an individual who: (a) Is alive when the proceeding is commenced; and (b) Claims to be a de facto parent of the child. (2) An individual who claims to be a de facto parent of a child must commence a proceeding to establish parentage of a child under this section: (a) Before the child attains eighteen years of age; and (b) While the child is alive. (3) The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a proceeding under this section: (a) The individual must file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section. The verified pleading must be served on all parents and legal guardians of the child and any other party to the proceeding. (b) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under (a) of this subsection. A responsive pleading must be verified and must be served on parties to the proceeding. (c) Unless the court finds a hearing is necessary to determine disputed facts material to the issue of standing, the court shall determine, based on the pleadings under (a) and (b) of this subsection, whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence the requirements of subsection (4)(a) through (g) of this section. If the court holds a hearing under this subsection, the hearing must be held on an expedited basis. (4) In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by a preponderance of the evidence that: (a) The individual resided with the child as a regular member of the child's household for a significant period; (b) The individual engaged in consistent caretaking of the child; (c) The individual undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation; (d) The individual held out the child as the individual's child; (e) The individual established a bonded and dependent relationship with the child which is parental in nature; (f) Another parent of the child fostered or supported the bonded and dependent relationship required under (e) of this subsection; and (g) Continuing the relationship between the individual and the child is in the best interest of the child. [ 2018 c 6 s 509.] RCW 26.26A.445 Adjudicating parentage of child with acknowledged parent. (1) If a child has an acknowledged parent, a proceeding to challenge the acknowledgment of parentage or a denial of parentage, brought by a signatory to the acknowledgment or denial, is governed by RCW 26.26A.240 and 26.26A.245. (2) If a child has an acknowledged parent, the following rules apply in a proceeding to challenge the acknowledgment of parentage or a denial of parentage brought by an individual, other than the child, who has standing under RCW 26.26A.405 and was not a signatory to the acknowledgment or denial: (a) The individual must commence the proceeding not later than four years after the effective date of the acknowledgment. (b) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest of the child. (c) If the court permits the proceeding, the court shall adjudicate parentage under RCW 26.26A.460. [ 2018 c 6 s 510.] RCW 26.26A.450 Adjudicating parentage of child with adjudicated parent. (1) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who was a party to the adjudication or received notice under RCW 26.26A.410, is governed by the rules governing a collateral attack on a judgment. (2) If a child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of parentage brought by an individual, other than the child, who has standing under RCW 26.26A.405 and was not a party to the adjudication and did not receive notice under RCW 26.26A.410: (a) The individual must commence the proceeding not later than four years after the effective date of the adjudication. (b) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest of the child. (c) If the court permits the proceeding, the court shall adjudicate parentage under RCW 26.26A.460. [ 2018 c 6 s 511.] RCW 26.26A.455 Adjudicating parentage of child of assisted reproduction. (1) An individual who is a parent under RCW 26.26A.600 through 26.26A.635 or the woman who gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines the individual is a parent under RCW 26.26A.600 through 26.26A.635, the court shall adjudicate the individual to be a parent of the child. (2) In a proceeding to adjudicate an individual's parentage of a child, if another individual other than the woman who gave birth to the child is a parent under RCW 26.26A.600 through 26.26A.635, the court shall adjudicate the individual's parentage of the child under RCW 26.26A.460. [ 2018 c 6 s 512.] RCW 26.26A.460 Adjudicating competing claims of parentage. (1) Except as otherwise provided in RCW 26.26A.465, in a proceeding to adjudicate competing claims of, or challenges under RCW 26.26A.435(3), 26.26A.445, or 26.26A.450 to, parentage of a child by two or more individuals, the court shall adjudicate parentage in the best interest of the child, based on: (a) The age of the child; (b) The length of time during which each individual assumed the role of parent of the child; (c) The nature of the relationship between the child and each individual; (d) The harm to the child if the relationship between the child and each individual is not recognized; (e) The basis for each individual's claim to parentage of the child; and (f) Other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child. (2) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (1) of this section, the court shall consider: (a) The facts surrounding the discovery the individual might not be a genetic parent of the child; and (b) The length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding. (3) The court may adjudicate a child to have more than two parents under this chapter if the court finds that failure to recognize more than two parents would be detrimental to the child. A finding of detriment to the child does not require a finding of unfitness of any parent or individual seeking an adjudication of parentage. In determining detriment to the child, the court shall consider all relevant factors, including the harm if the child is removed from a stable placement with an individual who has fulfilled the child's physical needs and psychological needs for care and affection and has assumed the role for a substantial period. [ 2018 c 6 s 513.] RCW 26.26A.465 Precluding establishment of parentage by perpetrator of sexual assault. (1) For the purposes of this section, "sexual assault" means nonconsensual sexual penetration that results in pregnancy. (2) In a proceeding in which a parent alleges that a person committed a sexual assault that resulted in the parent becoming pregnant and subsequently giving birth to a child, the parent may seek to preclude the person from establishing or maintaining the person's parentage of the child. A parent who alleges that a child was born as a result of sexual assault may also seek additional relief as described in this section. (3) This section does not apply if the person described in subsection (2) of this section has previously been adjudicated in a proceeding brought under RCW 26.26A.400 to be a parent of the child, except as may be specifically permitted under subsection (4) of this section. (4) Unless RCW 26.26A.240 or 26.26A.430 applies, a parent must file a pleading making an allegation under subsection (2) of this section not later than four years after the birth of the child, except that for a period of one year after January 1, 2019, a court may waive the time bar in cases in which a presumed, acknowledged, or adjudicated parent was found in a criminal or separate civil proceeding to have committed a sexual assault against the parent alleging that the child was born as a result of the sexual assault. (5) If a parent makes an allegation under subsection (2) of this section and subsection (3) of this section does not apply, the court must conduct a fact-finding hearing on the allegation. (a) The court may not enter any temporary orders providing residential time or decision making to the alleged perpetrator prior to the fact-finding hearing on the sexual assault allegation unless both of the following criteria are satisfied: (i) The alleged perpetrator has a bonded and dependent relationship with the child that is parental in nature; and (ii) the court specifically finds that it would be in the best interest of the child if such temporary orders are entered. (b) Prior to the fact-finding hearing, the court may order genetic testing to determine whether the alleged perpetrator is biologically related to the child. If genetic testing reveals that the alleged perpetrator is not biologically related to the child, the fact-finding hearing must be stricken. (c) Fourteen days prior to the fact-finding hearing, the parent alleging that the child was born as a result of a sexual assault shall submit affidavits setting forth facts supporting the allegation and shall give notice, together with a copy of the affidavit, to other parties to the proceedings, who may file opposing affidavits. Opposing affidavits must be submitted and served to other parties to the proceeding five days prior to the fact-finding hearing. (d) The court shall determine on the record whether affidavits and documents submitted for the fact-finding hearing should be sealed. (6) An allegation under subsection (2) of this section may be proved by: (a) Evidence that the person was convicted of or pleaded guilty to a sexual assault under RCW 9A.44.040, 9A.44.050, or 9A.44.060, or a comparable crime of sexual assault, including child rape of any degree, in this state or any other jurisdiction, against the child's parent and the child was born within three hundred twenty days after the sexual assault; or (b) Clear, cogent, and convincing evidence that the person committed sexual assault, as defined in this section, against the child's parent and the child was born within three hundred twenty days after the sexual assault. (7) Subject to subsections (1) through (5) of this section, if the court determines that an allegation has been proved under subsection (6) of this section at the fact-finding hearing or after a bench trial, the court shall: (a) Adjudicate that the person described in subsection (2) of this section is not a parent of the child, has no right to residential time or decision-making responsibilities for the child, has no right to inheritance from the child, and has no right to notification of, or standing to object to, the adoption of the child. If the parent who was the victim of the sexual assault expressly consents in writing for the court to decline to enter one or more of these restrictions or limitations, the court may do so; (b) Require the state registrar of vital statistics to amend the birth record if requested by the parent and the court determines that the amendment is in the best interest of the child; and (c) Require the person pay to child support, birth-related costs, or both, unless the parent requests otherwise and the court determines that granting the request is in the best interest of the child. (8) The child's parent or guardian may decline an order for child support or birth-related costs. If the child's parent or guardian declines an order for child support, and is either currently receiving public assistance or later applies for it for the child born as a result of the sexual assault, support enforcement agencies as defined in this chapter shall not file administrative or court proceedings to establish or collect child support, including medical support, from the person described in subsection (2) of this section. (9) If the court enters an order under subsection (8) of this section providing that no child support obligation may be established or collected from the person described in subsection (2) of this section, the court shall forward a copy of the order to the Washington state support registry. (10) The court may order an award of attorneys' fees under this section on the same basis as attorneys' fees are awarded under RCW 26.09.140. (11) Any party may move to close the fact-finding hearing and any related proceedings under this section to the public. If no party files such a motion, the court shall determine on its own initiative whether the fact-finding hearing and any related proceedings under this section should be closed to the public. Upon finding good cause for closing the proceeding, and if consistent with Article I, section 10 of the state Constitution, the court may: (a) Restrict admission to only those persons whom the court finds to have a direct interest in the case or in the work of the court, including witnesses deemed necessary to the disposition of the case; and (b) Restrict persons who are admitted from disclosing any information obtained at the hearing that would identify the parties involved or the child. [ 2019 c 46 s 4001; 2018 c 6 s 514.] RCW 26.26A.46999 26.26A.46999' >Hearing and Adjudication RCW 26.26A.470 Proceeding to adjudicate parentage—Temporary child support orders, restraining orders, preliminary injunctions, domestic violence protection orders, antiharassment protection orders, and other court orders—Preservation of support debt. (1) In a proceeding under RCW 26.26A.400 through 26.26A.515, the court may issue a temporary order for child support if the order is consistent with law of this state other than this chapter and the individual ordered to pay support is: (a) A presumed parent of the child; (b) Petitioning to be adjudicated a parent; (c) Identified as a genetic parent through genetic testing under RCW 26.26A.325; (d) An alleged genetic parent who has declined to submit to genetic testing; (e) Shown by clear and convincing evidence to be a parent of the child; or (f) A parent under this chapter. (2) A temporary order may include a provision for parenting time and visitation under law of this state other than this chapter. (3) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from: (a) Molesting or disturbing the peace of another party; (b) Going onto the grounds of or entering the home, workplace, or school of another party or the day care or school of any child; (c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location, a protected party's person, or a protected party's vehicle; and (d) Removing a child from the jurisdiction of the court. (4) Either party may request a domestic violence protection order or an antiharassment protection order under chapter 7.105 RCW on a temporary basis. The court may grant any of the relief provided in RCW 7.105.310 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time. (5) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 7.105 RCW AND WILL SUBJECT A VIOLATOR TO ARREST. (6) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state. (7) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence information system. (8) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed. (9) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of RCW 9.41.800. (10) A temporary order, temporary restraining order, or preliminary injunction: (a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding; (b) May be revoked or modified; (c) Terminates when the final order is entered or when the petition is dismissed; and (d) May be entered in a proceeding for the modification of an existing order. (11) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.0