Chapter 26.26 RCW

UNIFORM PARENTAGE ACT

Sections

26.26.011Definitions.
26.26.021Scope of actChoice of lawSurrogate parentage contracts.
26.26.031Courts of this stateAuthority.
26.26.041Protection of participants.
26.26.051Determination of parentage.
26.26.065Mandatory use of approved forms.
26.26.101Establishment of parent-child relationship.
26.26.106No discrimination based on marital or domestic partnership status.
26.26.111Consequences of establishment of parentage.
26.26.116Presumption of parentage in context of marriage or domestic partnership.
26.26.130Judgment or order determining parent and child relationshipSupport judgment and ordersResidential provisionsCustodyRestraining ordersNotice of modification or termination of restraining order.
26.26.132Support ordersCompliance with RCW 26.23.050.
26.26.134Support ordersTime limit, exception.
26.26.138Restraining orderKnowing violationPenaltyLaw enforcement immunity.
26.26.140Costs.
26.26.145Proof of certain support and paternity establishment costs.
26.26.150Enforcement of judgments or orders.
26.26.160Modification of judgment or orderContinuing jurisdiction.
26.26.165Health care coverage.
26.26.190Relinquishment of child for adoptionNotice to other parent.
26.26.210Surrogate parentingDefinitions.
26.26.220Surrogate parentingPersons excluded from contracting.
26.26.230Surrogate parentingCompensation prohibited.
26.26.240Surrogate parentingContract for compensation void.
26.26.250Surrogate parentingProvisions violatedPenalty.
26.26.260Surrogate parentingCustody of child.
26.26.270Parenting planDesignation of parent for other state and federal purposes.
26.26.300Acknowledgment of paternity.
26.26.305Execution of acknowledgment of paternity.
26.26.310Denial of paternity.
26.26.315Rules for acknowledgment and denial of paternity.
26.26.320Effect of acknowledgment or denial of paternity.
26.26.325Filing fee for acknowledgment or denial of paternity.
26.26.330Proceeding for rescission of acknowledgment or denial of paternity.
26.26.335Challenge after expiration of time for rescission of acknowledgment or denial of paternity.
26.26.340Procedure for rescission or challenge of acknowledgment or denial of paternity.
26.26.345Ratification barred of unchallenged acknowledgment of paternity.
26.26.350Full faith and credit.
26.26.355Forms for acknowledgment and denial of paternity.
26.26.360Release of information.
26.26.365Adoption of rules.
26.26.370Acknowledgment of paternityApplication of RCW 26.26.300 through 26.26.375Adjudication.
26.26.375Judicial proceedings.
26.26.400Genetic testingApplication of RCW 26.26.405 through 26.26.450.
26.26.405Order for genetic testing.
26.26.410Requirements for genetic testing.
26.26.415Report of genetic testing.
26.26.420Genetic testing resultsRebuttal.
26.26.425Costs of genetic testing.
26.26.430Additional genetic testing.
26.26.435Genetic testing when specimen not available.
26.26.440Genetic testingDeceased individual.
26.26.445Genetic testingIdentical brothers.
26.26.450Confidentiality of genetic testingPenalty.
26.26.500Proceeding to adjudicate parentage authorized.
26.26.505Standing to maintain proceeding to adjudicate parentage.
26.26.510Parties to proceeding to adjudicate parentage.
26.26.515Proceeding to adjudicate parentagePersonal jurisdiction.
26.26.520Proceeding to adjudicate parentageVenue.
26.26.525Proceeding to adjudicate parentageNo time limitation: Child having no presumed or adjudicated second parent and no acknowledged father.
26.26.530Proceeding to adjudicate parentageTime limitation: Child having presumed parent.
26.26.535Proceeding to adjudicate parentageAuthority to deny genetic testing.
26.26.540Proceeding to adjudicate parentageTime limitation: Child having acknowledged father or adjudicated parent.
26.26.545Joinder of proceedings.
26.26.550Proceeding to adjudicate parentageBefore birth.
26.26.555Child as partyRepresentation.
26.26.570Proceeding to adjudicate parentageAdmissibility of results of genetic testingExpenses.
26.26.575Proceeding to adjudicate parentageConsequences of declining genetic testing.
26.26.585Proceeding to adjudicate parentageAdmission of paternity authorized.
26.26.590Proceeding to adjudicate parentageTemporary order.
26.26.600Rules for adjudication of parentage.
26.26.605Proceeding to adjudicate parentageJury prohibited.
26.26.610Proceeding to determine parentageHearingsInspection of records.
26.26.615Adjudication of paternityOrder on default.
26.26.620Dismissal for want of prosecution.
26.26.625Order adjudicating parentage.
26.26.630Binding effect of determination of parentage.
26.26.700Application of RCW 26.26.705 through 26.26.740.
26.26.705Child of assisted reproductionParental status of donor.
26.26.710Parentage of child of assisted reproduction.
26.26.715Consent to assisted reproduction.
26.26.720Child of assisted reproductionLimitation on dispute of parentage.
26.26.725Child of assisted reproductionEffect of dissolution of marriage or domestic partnership.
26.26.730Child of assisted reproductionParental status of deceased individual.
26.26.735Child of assisted reproductionEffect of agreement between egg donor and woman who gives birth.
26.26.740Child of assisted reproductionIssuance of birth certificate.
26.26.750Identifying informationRequirement to provideDisclosure.
26.26.760Sexual assault resulting in pregnancyParental rights and responsibilities.
26.26.903Uniformity of application and construction2002 c 302.
26.26.904Transitional provision.
26.26.911Short title2002 c 302.
26.26.914ConstructionChapter applicable to state registered domestic partnerships2009 c 521.

NOTES:

Arrest without warrant in domestic violence cases: RCW 10.31.100.
Child support enforcement: Chapter 26.18 RCW.
Child support registry: Chapter 26.23 RCW.
Domestic violence prevention: Chapter 26.50 RCW.


26.26.011
Definitions. (Effective until January 1, 2019.)

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Acknowledged father" means a man who has established a father-child relationship under RCW 26.26.300 through 26.26.375.
(2) "Adjudicated parent" means a person who has been adjudicated by a court of competent jurisdiction to be the parent of a child.
(3) "Alleged parent" means a person who alleges himself or herself to be, or is alleged to be, the genetic parent or a possible genetic parent of a child, but whose parentage has not been determined. The term does not include:
(a) A presumed parent;
(b) A person 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) Artificial insemination;
(b) Donation of eggs;
(c) Donation of embryos;
(d) In vitro fertilization and transfer of embryos; and
(e) Intracytoplasmic sperm injection.
(5) "Child" means an individual of any age whose parentage may be determined under this chapter.
(6) "Commence" means to file the petition seeking an adjudication of parentage in a superior court of this state or to serve a summons and the petition.
(7) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under RCW 26.26.300 through 26.26.375 or adjudication by the court.
(8) "Domestic partner" means a state registered domestic partner as defined in chapter 26.60 RCW.
(9) "Donor" means an individual who contributes a gamete or gametes for assisted reproduction, whether or not for consideration. The term does not include:
(a) A person who provides a gamete or gametes to be used for assisted reproduction with his or her spouse or domestic partner; or
(b) A woman who gives birth to a child by means of assisted reproduction, except as otherwise provided in RCW 26.26.210 through 26.26.260 or 26.26.735.
(10) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information.
(11) "Fertility clinic" means a facility that provides assisted reproduction services or gametes to be used in assisted reproduction.
(12) "Gamete" means either a sperm or an egg.
(13) "Genetic parent" means a person who is the source of the egg or sperm that produced the child. The term does not include a donor.
(14) "Genetic testing" means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one or a combination of the following:
(a) Deoxyribonucleic acid; and
(b) Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes.
(15) "Identifying information" includes, but is not limited to, the following information of the gamete donor:
(a) The first and last name of the person; and
(b) The age of the person at the time of the donation.
(16) "Man" means a male individual of any age.
(17) "Parent" means an individual who has established a parent-child relationship under RCW 26.26.101.
(18) "Parent-child relationship" means the legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship.
(19) "Parentage index" means the likelihood of parentage calculated by computing the ratio between:
(a) The likelihood that the tested person is the parent, based on the genetic markers of the tested person, genetic parent, and child, conditioned on the hypothesis that the tested person is the parent of the child; and
(b) The likelihood that the tested person is not the parent, based on the genetic markers of the tested person, genetic parent, and child, conditioned on the hypothesis that the tested person is not the parent of the child and that the parent is of the same ethnic or racial group as the tested person.
(20) "Physician" means a person licensed to practice medicine in a state.
(21) "Presumed parent" means a person who, by operation of law under RCW 26.26.116, is recognized as the parent of a child until that status is rebutted or confirmed in a judicial proceeding.
(22) "Probability of parentage" means the measure, for the ethnic or racial group to which the alleged parent belongs, of the probability that the individual in question is the parent of the child, compared with a random, unrelated person of the same ethnic or racial group, expressed as a percentage incorporating the parentage index and a prior probability.
(23) "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.
(24) "Signatory" means an individual who authenticates a record and is bound by its terms.
(25) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States, or an Indian tribe or band, or Alaskan native village, that is recognized by federal law or formally acknowledged by state law.
(26) "Support enforcement agency" means a public official or agency authorized to seek:
(a) Enforcement of support orders or laws relating to the duty of support;
(b) Establishment or modification of child support;
(c) Determination of parentage; or
(d) Location of child support obligors and their income and assets.

NOTES:

Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(K).
Costs2011 c 283: "Any action taken by an agency to implement the provisions of this act must be accomplished within existing resources. Any costs incurred by the administrative office of the courts for modifications to the judicial information system as a result of the provisions of this act shall be paid from the judicial information system account." [ 2011 c 283 § 56.]
Application2011 c 283: "This act applies to causes of action filed on or after July 22, 2011." [ 2011 c 283 § 58.]



26.26.021
Scope of act—Choice of law—Surrogate parentage contracts. (Effective until January 1, 2019.)

(1) This chapter applies to determinations of parentage in this state.
(2) The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on:
(a) The place of birth of the child; or
(b) The past or present residence of the child.
(3) This chapter does not create, enlarge, or diminish parental rights or duties under other law of this state.
(4) If a birth results under a surrogate parentage contract that is unenforceable under the law of this state, the parent-child relationship is determined as provided in RCW 26.26.101 through 26.26.116 and applicable case law.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.031
Courts of this state—Authority. (Effective until January 1, 2019.)

The superior courts of this state are authorized to adjudicate parentage under this chapter.



26.26.041
Protection of participants. (Effective until January 1, 2019.)

Proceedings under this chapter are subject to other laws of this state governing the health, safety, privacy, and liberty of a child or other individuals who could be jeopardized by disclosure of identifying information, including the address, telephone number, place of employment, social security number, and the child's day care facility and school.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.051
Determination of parentage. (Effective until January 1, 2019.)

(1) The provisions relating to determination of parentage apply to determinations of maternity and paternity.
(2) The provisions in this chapter apply to persons in a domestic partnership to the same extent they apply to persons in a marriage, and apply to persons of the same sex who have children together to the same extent they apply to persons of the opposite sex who have children together.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.065
Mandatory use of approved forms. (Effective until January 1, 2019, then recodified as RCW 26.26B.010.)

(1) Effective January 1, 1992, 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 administrative office of the courts.
(2) The parties shall comply with requirements for submission to the court of forms as provided in RCW 26.18.220.

NOTES:

Effective datesSeverability1990 1st ex.s. c 2: See notes following RCW 26.09.100.



26.26.101
Establishment of parent-child relationship. (Effective until January 1, 2019.)

The parent-child relationship is established between a child and a man or woman by:
(1) The woman's having given birth to the child, except as otherwise provided in RCW 26.26.210 through 26.26.260;
(2) An adjudication of the person's parentage;
(3) Adoption of the child by the person;
(4) An affidavit and physician's certificate in a form prescribed by the department of health wherein the donor of eggs or surrogate gestation carrier sets forth her intent to be legally bound as the parent of a child or children born through assisted reproduction 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;
(5) An unrebutted presumption of the person's parentage of the child under RCW 26.26.116;
(6) 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;
(7) The person's having consented to assisted reproduction by his or her spouse or domestic partner under RCW 26.26.700 through 26.26.730 that resulted in the birth of the child; or
(8) A valid surrogate parentage contract, under which the person asserting parentage is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.106
No discrimination based on marital or domestic partnership status. (Effective until January 1, 2019.)

A child born to parents who are not married to each other or in a domestic partnership with each other has the same rights under the law as a child born to parents who are married to each other or who are in a domestic partnership with each other.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.111
Consequences of establishment of parentage. (Effective until January 1, 2019.)

Unless parental rights are terminated, the parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this state.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.116
Presumption of parentage in context of marriage or domestic partnership. (Effective until January 1, 2019.)

(1) In the context of a marriage or a domestic partnership, a person is presumed to be the parent of a child if:
(a) The person and the mother or father of the child are married to each other or in a domestic partnership with each other and the child is born during the marriage or domestic partnership;
(b) The person and the mother or father of the child were married to each other or in a domestic partnership with each other and the child is born within three hundred days after the marriage or domestic partnership is terminated by death, annulment, dissolution, legal separation, or declaration of invalidity;
(c) Before the birth of the child, the person and the mother or father of the child married each other or entered into a domestic partnership with each other in apparent compliance with law, even if the attempted marriage or domestic partnership is, or could be, declared invalid and the child is born during the invalid marriage or invalid domestic partnership or within three hundred days after its termination by death, annulment, dissolution, legal separation, or declaration of invalidity; or
(d) After the birth of the child, the person and the mother or father of the child have married each other or entered into a domestic partnership with each other in apparent compliance with law, whether or not the marriage or domestic partnership is, or could be declared invalid, and the person voluntarily asserted parentage of the child, and:
(i) The assertion is in a record filed with the state registrar of vital statistics;
(ii) The person agreed to be and is named as the child's parent on the child's birth certificate; or
(iii) The person promised in a record to support the child as his or her own.
(2) A person is presumed to be the parent of a child if, for the first two years of the child's life, the person resided in the same household with the child and openly held out the child as his or her own.
(3) A presumption of parentage established under this section may be rebutted only by an adjudication under RCW 26.26.500 through 26.26.630.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.130
Judgment or order determining parent and child relationship—Support judgment and orders—Residential provisions—Custody—Restraining orders—Notice of modification or termination of restraining order. (Effective until January 1, 2019, then recodified as RCW 26.26B.020.)

(1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.
(2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.
(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct one parent to pay the reasonable expenses of the mother's pregnancy and childbirth. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(4) The judgment and order shall contain a provision that each party must file with the court and the Washington state child support registry and update as necessary the information required in the confidential information form required by RCW 26.23.050.
(5) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the parent's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.
(6) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards contained in chapter 26.19 RCW.
(7) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party. If a parenting plan or residential schedule was not entered at the time the order establishing parentage was entered, a parent may move the court for entry of a parenting plan or residential schedule:
(a) By filing a motion and proposed parenting plan or residential schedule and providing notice to the other parent and other persons who have residential time with the child pursuant to a court order: PROVIDED, That at the time of filing the motion less than twenty-four months have passed since entry of the order establishing parentage and that the proposed parenting plan or residential schedule does not change the designation of the parent with whom the child spends the majority of time; or
(b) By filing a petition for modification under RCW 26.09.260 or petition to establish a parenting plan, residential schedule, or residential provisions.
(8) In any dispute between the persons claiming parentage of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the persons claiming parentage, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.
(9) In entering an order under this chapter, the court may issue any necessary continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW.
(10) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, 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, 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 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(11) The court shall order that any 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 forthwith 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.
(12) 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 system.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.
Effective dateSeverability2001 c 42: See notes following RCW 26.09.020.
Application2000 c 119: See note following RCW 26.50.021.
Short titlePart headings, captions, table of contents not lawExemptions and waivers from federal lawConflict with federal requirementsSeverability1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Severability1995 c 246: See note following RCW 26.50.010.
FindingIntentSeverability1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Short titleSection captionsEffective date1987 c 460: See RCW 26.09.910 through 26.09.912.
Severability1983 1st ex.s. c 41: See note following RCW 26.09.060.



26.26.132
Support orders—Compliance with RCW 26.23.050. (Effective until January 1, 2019, then recodified as RCW 26.26B.030.)

Every court order or decree establishing a child support obligation shall be entered in compliance with RCW 26.23.050.

NOTES:

Effective date1987 c 435: See RCW 26.23.900.



26.26.134
Support orders—Time limit, exception. (Effective until January 1, 2019, then recodified as RCW 26.26B.040.)

A court may not order payment for support provided or expenses incurred more than five years prior to the commencement of the action. Any period of time in which the responsible party has concealed himself or herself or avoided the jurisdiction of the court under this chapter shall not be included within the five-year period.

NOTES:

Severability1983 1st ex.s. c 41: See note following RCW 26.09.060.



26.26.138
Restraining order—Knowing violation—Penalty—Law enforcement immunity. (Effective until January 1, 2019, then recodified as RCW 26.26B.050.)

(1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is punishable under RCW 26.50.110.
(2) A person is deemed to have notice of a restraining order if:
(a) The person to be restrained or the person's attorney signed the order;
(b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;
(c) The order was served upon the person to be restrained; or
(d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
(3) A peace officer shall verify the existence of a restraining order by:
(a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or
(b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.
(4) A peace officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) A restraining order has been issued under this chapter;
(b) The respondent or person to be restrained knows of the order; and
(c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location.
(5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.
(6) No peace officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

NOTES:

Application2000 c 119: See note following RCW 26.50.021.
Short title1999 c 184: See RCW 26.52.900.
Severability1995 c 246: See note following RCW 26.50.010.



26.26.140
Costs. (Effective until January 1, 2019, then recodified as RCW 26.26B.060.)

The court may order reasonable fees of experts and the child's guardian ad litem, and other costs of the action, including blood or genetic test costs, to be paid by the parties in proportions and at times determined by the court. The court may order that all or a portion of a party's reasonable attorney's fees be paid by another party, except that an award of attorney's fees assessed against the state or any of its agencies or representatives shall be under RCW 4.84.185.
[ 1994 c 146 § 4; 1984 c 260 § 35; 1975-'76 2nd ex.s. c 42 § 15.]



26.26.145
Proof of certain support and paternity establishment costs. (Effective until January 1, 2019, then recodified as RCW 26.26B.070.)

In all actions brought under this chapter, bills for pregnancy, childbirth, and genetic testing shall:
(1) Be admissible as evidence without requiring third-party foundation testimony; and
(2) Constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.

NOTES:

Short titlePart headings, captions, table of contents not lawExemptions and waivers from federal lawConflict with federal requirementsSeverability1997 c 58: See RCW 74.08A.900 through 74.08A.904.



26.26.150
Enforcement of judgments or orders. (Effective until January 1, 2019, then recodified as RCW 26.26B.080.)

(1) If existence of the parent and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation of the parent may be enforced in the same or other proceedings by the other parent, the child, the state of Washington, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, childbirth, education, support, or funeral, or by any other person, including a private agency, to the extent he or she has furnished or is furnishing these expenses.
(2) The court shall order support payments to be made to the Washington state support registry, or the person entitled to receive the payments under an alternate arrangement approved by the court as provided in RCW 26.23.050(2).
(3) All remedies for the enforcement of judgments apply.
[ 2011 c 283 § 10; 1994 c 230 § 16; 1987 c 435 § 28; 1975-'76 2nd ex.s. c 42 § 16.]

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.
Effective date1987 c 435: See RCW 26.23.900.



26.26.160
Modification of judgment or order—Continuing jurisdiction. (Effective until January 1, 2019, then recodified as RCW 26.26B.090.)

(1) Except as provided in subsection (2) of this section the court has continuing jurisdiction to prospectively modify a judgment and order for future education and future support, and with respect to matters listed in RCW 26.26.130 (3) and (5), and RCW 26.26.150(2) upon showing a substantial change of circumstances. The procedures set forth in RCW 26.09.175 shall be used in modification proceedings under this section.
(2) A judgment or order entered under this chapter may be modified without a showing of substantial change of circumstances upon the same grounds as RCW 26.09.170 permits support orders to be modified without a showing of a substantial change of circumstance.
(3) The court may modify a parenting plan or residential provisions adopted pursuant to RCW 26.26.130(7) in accordance with the provisions of chapter 26.09 RCW.
(4) The court shall hear and review petitions for modifications of a parenting plan, custody order, visitation order, or other order governing the residence of a child, and conduct any proceedings concerning a relocation of the residence where the child resides a majority of the time, pursuant to chapter 26.09 RCW.
[ 2000 c 21 § 20; 1992 c 229 § 8; 1989 c 360 § 36; 1975-'76 2nd ex.s. c 42 § 17.]

NOTES:

Applicability2000 c 21: See RCW 26.09.405.
IntentCaptions not law2000 c 21: See notes following RCW 26.09.405.



26.26.165
Health care coverage. (Effective until January 1, 2019, then recodified as RCW 26.26B.100.)

(1) In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health care coverage for any dependent child as provided under RCW 26.09.105.
(2) This section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of uninsured health expenses, health costs, or insurance premiums which are in addition to and not inconsistent with this section.
(3) A parent ordered to provide health care coverage shall provide proof of such coverage or proof that such coverage is unavailable within twenty days of the entry of the order to:
(a) The physical custodian; or
(b) The department of social and health services if the parent has been notified or ordered to make support payments to the Washington state support registry.
(4) Every order requiring a parent to provide health care coverage shall be entered in compliance with *RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW.

NOTES:

*Reviser's note: The reference to RCW 26.23.050 appears to refer to the amendments made by 1989 c 416 § 8, which was vetoed by the governor.



26.26.190
Relinquishment of child for adoption—Notice to other parent. (Effective until January 1, 2019, then recodified as RCW 26.26B.110.)

If a parent relinquishes or proposes to relinquish for adoption a child, the other parent shall be given notice of the adoption proceeding and have the rights provided under the provisions of chapter 26.33 RCW.
[ 1985 c 7 § 87; 1975-'76 2nd ex.s. c 42 § 20.]



26.26.210
Surrogate parenting—Definitions. (Effective until January 1, 2019.)

As used in RCW 26.26.210 through 26.26.260:
(1) "Compensation" means a payment of money, objects, services, or anything else having monetary value except payment of expenses incurred as a result of the pregnancy and the actual medical expenses of a surrogate mother, and the payment of reasonable attorney fees for the drafting of a surrogate parentage contract.
(2) "Surrogate gestation" means the implantation in a female of an embryo not genetically related to that female and subsequent gestation of a child by that female.
(3) "Surrogate mother" means a female, who is not married to the contributor of the sperm, and who is naturally or artificially inseminated and who subsequently gestates a child conceived through the insemination pursuant to a surrogate parentage contract.
(4) "Surrogate parentage contract" means a contract, agreement, or arrangement in which a female, not married to the contributor of the sperm, agrees to conceive a child through natural or artificial insemination or in which a female agrees to surrogate gestation, and to voluntarily relinquish her parental rights to the child.



26.26.220
Surrogate parenting—Persons excluded from contracting. (Effective until January 1, 2019.)

A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract under which an unemancipated minor female or a female diagnosed as having an intellectual disability, a mental illness, or developmental disability is the surrogate mother.

NOTES:

Purpose2010 c 94: See note following RCW 44.04.280.



26.26.230
Surrogate parenting—Compensation prohibited. (Effective until January 1, 2019.)

No person, organization, or agency shall enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract, written or unwritten, for compensation.



26.26.240
Surrogate parenting—Contract for compensation void. (Effective until January 1, 2019.)

A surrogate parentage contract entered into for compensation, whether executed in the state of Washington or in another jurisdiction, shall be void and unenforceable in the state of Washington as contrary to public policy.



26.26.250
Surrogate parenting—Provisions violated—Penalty. (Effective until January 1, 2019.)

Any person, organization, or agency who intentionally violates any provision of RCW 26.26.210 through 26.26.260 shall be guilty of a gross misdemeanor.



26.26.260
Surrogate parenting—Custody of child. (Effective until January 1, 2019.)

If a child is born to a surrogate mother pursuant to a surrogate parentage contract, and there is a dispute between the parties concerning custody of the child, the party having physical custody of the child may retain physical custody of the child until the superior court orders otherwise. The superior court shall award legal custody of the child based upon the factors listed in RCW 26.09.187(3) and 26.09.191.



26.26.270
Parenting plan—Designation of parent for other state and federal purposes. (Effective until January 1, 2019, then recodified as RCW 26.26B.120.)

Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. However, this designation shall not affect either parent's rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the custodian of the child for the purposes of such federal and state statutes.



26.26.300
Acknowledgment of paternity. (Effective until January 1, 2019.)

The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man's paternity.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.305
Execution of acknowledgment of paternity. (Effective until January 1, 2019.)

(1) An acknowledgment of paternity must:
(a) Be in a record;
(b) Be signed under penalty of perjury by the mother and by the man seeking to establish his paternity;
(c) State that the child whose paternity is being acknowledged:
(i) Does not have a presumed father, or has a presumed father whose full name is stated; and
(ii) Does not have another acknowledged or adjudicated father;
(d) State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the genetic testing; and
(e) State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years, except as provided in RCW 26.26.330.
(2) An acknowledgment of paternity is void if it:
(a) States that another man is a presumed father, unless a denial of paternity signed by the presumed father is filed with the state registrar of vital statistics;
(b) States that another man is an acknowledged or adjudicated father; or
(c) Falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.
(3) A presumed father may sign an acknowledgment of paternity.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.310
Denial of paternity. (Effective until January 1, 2019.)

A presumed father of a child may sign a denial of his paternity. The denial is valid only if:
(1) An acknowledgment of paternity signed by another man is filed under RCW 26.26.320;
(2) The denial is in a record, and is signed under penalty of perjury; and
(3) The presumed father has not previously:
(a) Acknowledged his paternity, unless the previous acknowledgment has been rescinded under RCW 26.26.330 or successfully challenged under RCW 26.26.335; or
(b) Been adjudicated to be the father of the child.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.315
Rules for acknowledgment and denial of paternity. (Effective until January 1, 2019.)

(1) An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed.
(2) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.
(3) Subject to subsection (1) of this section, an acknowledgment and denial of paternity, if any, take effect on the birth of the child or the filing of the document with the state registrar of vital statistics, whichever occurs later.
(4) An acknowledgment or denial of paternity signed by a minor is valid if it is otherwise in compliance with this chapter. An acknowledgment or denial of paternity signed by a minor may be rescinded under RCW 26.26.330.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.320
Effect of acknowledgment or denial of paternity. (Effective until January 1, 2019.)

(1) Except as otherwise provided in RCW 26.26.330 and 26.26.335, a valid acknowledgment of paternity filed with the state registrar of vital statistics is equivalent to an adjudication of parentage of a child and confers upon the acknowledged father all of the rights and duties of a parent.
(2) Except as otherwise provided in RCW 26.26.330 and 26.26.335, a valid denial of paternity filed with the state registrar of vital statistics in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all of the rights and duties of a parent.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.325
Filing fee for acknowledgment or denial of paternity. (Effective until January 1, 2019.)

The state registrar of vital statistics may charge a fee for filing an acknowledgment or denial of paternity.



26.26.330
Proceeding for rescission of acknowledgment or denial of paternity. (Effective until January 1, 2019.)

(1) Except as provided in subsection (2) of this section, a signatory may rescind an acknowledgment or denial of paternity by commencing a court proceeding to rescind before the earlier of:
(a) Sixty days after the effective date of the acknowledgment or denial, as provided in RCW 26.26.315; or
(b) The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
(2) If the signatory to an acknowledgment or denial of paternity was a minor when he signed the acknowledgment or denial, the signatory may rescind the acknowledgment or denial of paternity by commencing a court proceeding to rescind on or before the signatory's nineteenth birthday.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.335
Challenge after expiration of time for rescission of acknowledgment or denial of paternity. (Effective until January 1, 2019.)

(1) After the period for rescission under RCW 26.26.330 has expired, a signatory of an acknowledgment or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:
(a) On the basis of fraud, duress, or material mistake of fact; and
(b) Within four years after the acknowledgment or denial is filed with the state registrar of vital statistics. In actions commenced more than two years after the birth of the child, the child must be made a party to the action.
(2) A party challenging an acknowledgment or denial of paternity has the burden of proof.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.340
Procedure for rescission or challenge of acknowledgment or denial of paternity. (Effective until January 1, 2019.)

(1) Every signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial.
(2) For the purpose of rescission of, or challenge to, an acknowledgment or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing of the document with the state registrar of vital statistics.
(3) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
(4) A proceeding to rescind or to challenge an acknowledgment or denial of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under RCW 26.26.500 through 26.26.630.
(5) At the conclusion of a proceeding to rescind or challenge an acknowledgment or denial of paternity, the court shall order the state registrar of vital statistics to amend the birth record of the child, if appropriate.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.345
Ratification barred of unchallenged acknowledgment of paternity. (Effective until January 1, 2019.)

A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity.



26.26.350
Full faith and credit. (Effective until January 1, 2019.)

A court of this state shall give full faith and credit to an acknowledgment or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.



26.26.355
Forms for acknowledgment and denial of paternity. (Effective until January 1, 2019.)

(1) To facilitate compliance with RCW 26.26.300 through 26.26.350, the state registrar of vital statistics shall prescribe forms for the acknowledgment and the denial of paternity. The acknowledgment of paternity shall state, in prominent lettering, that signing the acknowledgment of paternity is equivalent to an adjudication of paternity and confers upon the acknowledged father all the rights and duties of a parent, such as the payment of child support, if the acknowledgment is not challenged or rescinded as prescribed under RCW 26.26.310 through 26.26.340. The form shall include copies of the provisions in RCW 26.26.310 through 26.26.340.
(2) A valid acknowledgment or denial of paternity is not affected by a later modification of the prescribed form.



26.26.360
Release of information. (Effective until January 1, 2019.)

The state registrar of vital statistics may release information relating to the acknowledgment or denial of paternity to: (1) A signatory of the acknowledgment or denial; (2) the courts of this or any other state; (3) the agencies of this or any other state operating a child support program under Title IV-D of the social security act; and (4) the agencies of this or any other state involved in a dependency determination for a child named in the acknowledgment or denial of paternity.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.365
Adoption of rules. (Effective until January 1, 2019.)

The state registrar of vital statistics may adopt rules to implement RCW 26.26.300 through 26.26.375.



26.26.370
Acknowledgment of paternity—Application of RCW 26.26.300 through 26.26.375—Adjudication. (Effective until January 1, 2019.)

(1) RCW 26.26.300 through 26.26.375 apply to all acknowledgments of paternity executed on or after July 1, 1997.
(2) A man who executed an acknowledgment of paternity before July 1, 1997, is rebuttably identified as the father of the child named therein. Any dispute of the parentage, custody, visitation, or support of the child named therein shall be determined in a proceeding to adjudicate the child's parentage commenced under RCW 26.26.500 through 26.26.630.



26.26.375
Judicial proceedings. (Effective until January 1, 2019.)

(1) After the period for rescission of an acknowledgment of paternity provided in RCW 26.26.330 has passed, a parent executing an acknowledgment of paternity of the child named therein may commence a judicial proceeding for:
(a) Making residential provisions or a parenting plan with regard to the minor child on the same basis as provided in chapter 26.09 RCW; or
(b) Establishing a child support obligation under chapter 26.19 RCW and maintaining health care coverage under RCW 26.09.105.
(2) Pursuant to RCW 26.09.010(3), a proceeding authorized by this section shall be titled "In re the parenting and support of...."
(3) Before the period for a challenge to the acknowledgment or denial of paternity has elapsed under RCW 26.26.335, the petitioner must specifically allege under penalty of perjury, to the best of the petitioner's knowledge, that: (a) No man other than the man who executed the acknowledgment of paternity is the father of the child; (b) there is not currently pending a proceeding to adjudicate the parentage of the child or that another man is adjudicated the child's father; and (c) the petitioner has provided notice of the proceeding to any other men who have claimed parentage of the child. Should the respondent or any other person appearing in the action deny the allegations, a permanent parenting plan or residential schedule may not be entered for the child without the matter being converted to a proceeding to challenge the acknowledgment of paternity under RCW 26.26.335 and 26.26.340. A copy of the acknowledgment of paternity or the birth certificate issued by the state in which the child was born must be filed with the petition or response. The court may convert the matter to a proceeding to challenge the acknowledgment on its own motion.

NOTES:

Reviser's note: RCW 26.26.375 was amended by 2018 c 150 § 106 without reference to its repeal by 2018 c 6 § 907, effective January 1, 2019. It has been decodified for publication purposes, effective January 1, 2019, under RCW 1.12.025.
CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.400
Genetic testing—Application of RCW 26.26.405 through 26.26.450. (Effective until January 1, 2019.)

RCW 26.26.405 through 26.26.450 govern genetic testing of an individual to determine parentage, whether the individual:
(1) Voluntarily submits to testing; or
(2) Is tested pursuant to an order of the court or a support enforcement agency.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.405
Order for genetic testing. (Effective until January 1, 2019.)

(1) Except as otherwise provided in this section and RCW 26.26.410 through 26.26.630, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:
(a) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or
(b) Denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.
(2) A support enforcement agency may order genetic testing only if there is no presumed or adjudicated parent and no acknowledged father.
(3) If a request for genetic testing of a child is made before birth, the court or support enforcement agency may not order in utero testing.
(4) If two or more persons are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
(5) This section does not apply when the child was conceived through assisted reproduction.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.410
Requirements for genetic testing. (Effective until January 1, 2019.)

(1) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:
(a) The American association of blood banks, or a successor to its functions;
(b) The American society for histocompatibility and immunogenetics, or a successor to its functions; or
(c) An accrediting body designated by the United States secretary of health and human services.
(2) A specimen used in genetic testing may consist of one or more samples 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, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of parentage. If there is disagreement as to the testing laboratory's choice, the following rules apply:
(a) The individual objecting may require the testing laboratory, within thirty days after receipt of the report of the test, to recalculate the probability of parentage using an ethnic or racial group different from that used by the laboratory.
(b) The individual objecting to the testing laboratory's initial choice shall:
(i) If the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or
(ii) Engage another testing laboratory to perform the calculations.
(c) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.
(4) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a person as the parent of a child under RCW 26.26.420, an individual who has been tested may be required to submit to additional genetic testing.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.415
Report of genetic testing. (Effective until January 1, 2019.)

(1) The report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this section is self-authenticating.
(2) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
(a) The names and photographs of the individuals whose specimens have been taken;
(b) The names of the individuals who collected the specimens;
(c) The places and dates the specimens were collected;
(d) The names of the individuals who received the specimens in the testing laboratory; and
(e) The dates the specimens were received.



26.26.420
Genetic testing results—Rebuttal. (Effective until January 1, 2019.)

(1) Under this chapter, a person is rebuttably identified as the parent of a child if the genetic testing complies with this section and RCW 26.26.400 through 26.26.415 and 26.26.425 through 26.26.450 and the results disclose that:
(a) The person has at least a ninety-nine percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined parentage index obtained in the testing; and
(b) A combined parentage index of at least one hundred to one.
(2) A person identified under subsection (1) of this section as the parent of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this section and RCW 26.26.400 through 26.26.415 and 26.26.425 through 26.26.450 which:
(a) Excludes the person as a genetic parent of the child; or
(b) Identifies another person as the parent of the child.
(3) Except as otherwise provided in RCW 26.26.445, if more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic parent.
(4) This section does not apply when the child was conceived through assisted reproduction.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.425
Costs of genetic testing. (Effective until January 1, 2019.)

(1) Subject to assessment of costs under RCW 26.26.500 through 26.26.630, the cost of initial genetic testing must be advanced:
(a) By a support enforcement agency in a proceeding in which the support enforcement agency is providing services;
(b) By the individual who made the request;
(c) As agreed by the parties; or
(d) As ordered by the court.
(2) In cases in which the cost is advanced by the support enforcement agency, the agency may seek reimbursement from a person who is rebuttably identified as the parent.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.430
Additional genetic testing. (Effective until January 1, 2019.)

(1) The court or the support enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a person as the parent of the child under RCW 26.26.420, the court or agency may not order additional testing unless the party provides advance payment for the testing.
(2) This section does not apply when the child was conceived through assisted reproduction.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.435
Genetic testing when specimen not available. (Effective until January 1, 2019.)

(1) If a genetic testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, a court may order the following individuals to submit specimens for genetic testing:
(a) The parents of the man;
(b) Brothers and sisters of the man;
(c) Other children of the man and their mothers; and
(d) Other relatives of the man necessary to complete genetic testing.
(2) If a specimen from the mother of a child is not available for genetic testing, the court may order genetic testing to proceed without a specimen from the mother.
(3) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
(4) This section does not apply when the child was conceived through assisted reproduction.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.440
Genetic testing—Deceased individual. (Effective until January 1, 2019.)

For good cause shown, the court may order genetic testing of a deceased individual.



26.26.445
Genetic testing—Identical brothers. (Effective until January 1, 2019.)

(1) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.
(2) If each brother satisfies the requirements as the identified father of the child under RCW 26.26.420 without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.450
Confidentiality of genetic testing—Penalty. (Effective until January 1, 2019.)

(1) Release of the report of genetic testing for parentage is controlled by chapter 70.02 RCW.
(2) An individual commits a gross misdemeanor punishable under RCW 9.92.020 if the individual intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen.



26.26.500
Proceeding to adjudicate parentage authorized. (Effective until January 1, 2019.)

A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the rules of civil procedure.



26.26.505
Standing to maintain proceeding to adjudicate parentage. (Effective until January 1, 2019.)

Subject to RCW 26.26.300 through 26.26.375, 26.26.530, and 26.26.540, a proceeding to adjudicate parentage may be maintained by:
(1) The child;
(2) The person who has established a parent-child relationship with the child;
(3) A person whose parentage of the child is to be adjudicated;
(4) The division of child support;
(5) An authorized adoption agency or licensed child-placing agency;
(6) A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
(7) An intended parent under a surrogate parentage contract, as provided in RCW 26.26.210 through 26.26.260.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.510
Parties to proceeding to adjudicate parentage. (Effective until January 1, 2019.)

The following individuals must be joined as parties in a proceeding to adjudicate parentage:
(1) The parent of the child who has established a parent-child relationship with the child;
(2) A person whose parentage of the child is to be adjudicated;
(3) An intended parent under a surrogate parentage contract, as provided in RCW 26.26.210 through 26.26.260; and
(4) The child if required under RCW 26.26.530, 26.26.540, or 26.26.720.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.515
Proceeding to adjudicate parentage—Personal jurisdiction. (Effective until January 1, 2019.)

(1) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(2) A court of this state having 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 26.21.075 are fulfilled.
(3) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.

NOTES:

*Reviser's note: RCW 26.21.075 was repealed by 2002 c 198 § 901, effective January 1, 2007. Later enactment, see RCW 26.21A.100.



26.26.520
Proceeding to adjudicate parentage—Venue. (Effective until January 1, 2019.)

Venue for a proceeding to adjudicate parentage is in the county of this state in which:
(1) The child resides or is found;
(2) The respondent resides or is found if the child does not reside in this state; or
(3) A proceeding for probate of the presumed or alleged father's estate has been commenced.



26.26.525
Proceeding to adjudicate parentage—No time limitation: Child having no presumed or adjudicated second parent and no acknowledged father. (Effective until January 1, 2019.)

A proceeding to adjudicate the parentage of a child having no presumed or adjudicated second parent and no acknowledged father may be commenced at any time during the life of the child, even after:
(1) The child becomes an adult; or
(2) An earlier proceeding to adjudicate parentage has been dismissed based on the application of a statute of limitation then in effect.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.530
Proceeding to adjudicate parentage—Time limitation: Child having presumed parent. (Effective until January 1, 2019.)

(1) Except as otherwise provided in subsection (2) of this section, a proceeding brought by a presumed parent, the person with a parent-child relationship with the child, or another individual to adjudicate the parentage of a child having a presumed parent must be commenced not later than four years after the birth of the child. If an action is commenced more than two years after the birth of the child, the child must be made a party to the action.
(2) A proceeding seeking to disprove the parent-child relationship between a child and the child's presumed parent may be maintained at any time if the court determines that the presumed parent and the person who has a parent-child relationship with the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception and the presumed parent never held out the child as his or her own.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.535
Proceeding to adjudicate parentage—Authority to deny genetic testing. (Effective until January 1, 2019.)

(1) In a proceeding to adjudicate parentage under circumstances described in RCW 26.26.530 or in RCW 26.26.540, a court may deny a motion seeking an order for genetic testing of the mother or father, the child, and the presumed or acknowledged father if the court determines that:
(a)(i) The conduct of the mother or father or the presumed or acknowledged parent estops that party from denying parentage; and
(ii) It would be inequitable to disprove the parent-child relationship between the child and the presumed or acknowledged parent; or
(b) The child was conceived through assisted reproduction.
(2) In determining whether to deny a motion to seek an order for genetic testing under subsection (1)(a) of this section, the court shall consider the best interest of the child, including the following factors:
(a) The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged parent was placed on notice that he or she might not be the genetic parent;
(b) The length of time during which the presumed or acknowledged parent has assumed the role of parent of the child;
(c) The facts surrounding the presumed or acknowledged parent's discovery of his or her possible nonparentage;
(d) The nature of the relationship between the child and the presumed or acknowledged parent;
(e) The age of the child;
(f) The harm that may result to the child if parentage is successfully disproved;
(g) The nature of the relationship between the child and any alleged parent;
(h) The extent to which the passage of time reduces the chances of establishing the parentage of another person and a child support obligation in favor of the child; and
(i) Other factors that may affect the equities arising from the disruption of the parent-child relationship between the child and the presumed or acknowledged parent or the chance of other harm to the child.
(3) In a proceeding involving the application of this section, a minor or incapacitated child must be represented by a guardian ad litem.
(4) A denial of a motion seeking an order for genetic testing under subsection (1)(a) of this section must be based on clear and convincing evidence.
(5) If the court denies a motion seeking an order for genetic testing under subsection (1)(a) of this section, it shall issue an order adjudicating the presumed or acknowledged parent to be the parent of the child.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.540
Proceeding to adjudicate parentage—Time limitation: Child having acknowledged father or adjudicated parent. (Effective until January 1, 2019.)

(1) If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity must commence any proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed under RCW 26.26.330 or 26.26.335.
(2) If a child has an acknowledged father or an adjudicated parent, an individual, other than the child, who is neither a signatory to the acknowledgment nor a party to the adjudication and who seeks an adjudication of parentage of the child must commence a proceeding not later than four years after the effective date of the acknowledgment or adjudication. If an action is commenced more than two years after the birth of the child, the child must be made a party to the action.
(3) A proceeding under this section is subject to RCW 26.26.535.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.545
Joinder of proceedings. (Effective until January 1, 2019.)

(1) Except as otherwise provided in subsection (2) of this section, a proceeding to adjudicate parentage may be joined with a proceeding for: Adoption or termination of parental rights under chapter 26.33 RCW; determination of a parenting plan, child support, annulment, dissolution of marriage, dissolution of a domestic partnership, or legal separation under chapter 26.09 or 26.19 RCW; or probate or administration of an estate under chapter 11.48 or 11.54 RCW, or other appropriate proceeding.
(2) A respondent may not join a proceeding described in subsection (1) of this section with a proceeding to adjudicate parentage brought under chapter 26.21A RCW.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.550
Proceeding to adjudicate parentage—Before birth. (Effective until January 1, 2019.)

A proceeding to adjudicate parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child:
(1) Service of process;
(2) Discovery;
(3) Except as prohibited by RCW 26.26.405, collection of specimens for genetic testing; and
(4) Temporary orders authorized under RCW 26.26.590.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.555
Child as party—Representation. (Effective until January 1, 2019.)

(1) Unless specifically required under other provisions of this chapter, a minor child is a permissible party, but is not a necessary party to a proceeding under RCW 26.26.500 through 26.26.630.
(2) If a minor or incapacitated child is a party, or if the court finds that the interests of the child are not adequately represented, the court shall appoint a guardian ad litem to represent the child, subject to RCW 74.20.310. A parent of the child may not represent the child as guardian or in any other capacity.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.570
Proceeding to adjudicate parentage—Admissibility of results of genetic testing—Expenses. (Effective until January 1, 2019.)

(1) Except as otherwise provided in subsection (3) of this section, a record of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within fourteen days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:
(a) Voluntarily or under an order of the court or a support enforcement agency; or
(b) Before or after the commencement of the proceeding.
(2) A party objecting to the results of genetic testing may call one or more genetic testing experts to testify in person or by telephone, videoconference, deposition, or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.
(3) If a child has a presumed or adjudicated parent or an acknowledged father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:
(a) With the consent of both the person with a parent-child relationship with the child and the presumed or adjudicated parent or an acknowledged father; or
(b) Under an order of the court under RCW 26.26.405.
(4) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child that are furnished to the adverse party not less than ten days before the date of a hearing are admissible to establish:
(a) The amount of the charges billed; and
(b) That the charges were reasonable, necessary, and customary.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.575
Proceeding to adjudicate parentage—Consequences of declining genetic testing. (Effective until January 1, 2019.)

(1) An order for genetic testing is enforceable by contempt.
(2) If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual.
(3) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
(4) This section does not apply when the child was conceived through assisted reproduction.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.585
Proceeding to adjudicate parentage—Admission of paternity authorized. (Effective until January 1, 2019.)

(1) A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.
(2) If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.590
Proceeding to adjudicate parentage—Temporary order. (Effective until January 1, 2019.)

This section applies to any proceeding under RCW 26.26.500 through 26.26.630.
(1) The court shall issue a temporary order for support of a child if the individual ordered to pay support:
(a) Is a presumed parent of the child;
(b) Is petitioning to have his or her parentage adjudicated or has admitted parentage in pleadings filed with the court;
(c) Is identified as the father through genetic testing under RCW 26.26.420;
(d) Has declined to submit to genetic testing but is shown by clear and convincing evidence to be the father of the child; or
(e) Is a person who has established a parent-child relationship with the child.
(2) A temporary order may, on the same basis as provided in chapter 26.09 RCW, make residential provisions with regard to minor children of the parties, except that a parenting plan is not required unless requested by a parent.
(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; and
(d) Removing a child from the jurisdiction of the court.
(4) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. 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, 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 26.50 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 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.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.600
Rules for adjudication of parentage. (Effective until January 1, 2019.)

The court shall apply the following rules to adjudicate the parentage of a child:
(1) Except as provided in subsection (5) of this section, the parentage of a child having a presumed or adjudicated parent or an acknowledged father may be disproved only by admissible results of genetic testing excluding that person as the parent of the child or identifying another man as the father of the child.
(2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, the man identified as the father of the child under RCW 26.26.420 must be adjudicated the father of the child.
(3) If the court finds that genetic testing under RCW 26.26.420 neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.
(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.
(5) Subsections (1) through (4) of this section do not apply when the child was conceived through assisted reproduction. The parentage of a child conceived through assisted reproduction may be disproved only by admissible evidence showing the intent of the presumed, acknowledged, or adjudicated parent and the other parent.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.605
Proceeding to adjudicate parentage—Jury prohibited. (Effective until January 1, 2019.)

The court, without a jury, shall adjudicate parentage of a child.



26.26.610
Proceeding to determine parentage—Hearings—Inspection of records. (Effective until January 1, 2019.)

(1) On request of a party and for good cause shown, the court may close a proceeding under this section and RCW 26.26.500 through 26.26.605 and 26.26.615 through 26.26.630.
(2) A final order determining parentage in a proceeding under this section and RCW 26.26.500 through 26.26.605 and 26.26.615 through 26.26.630 is publicly accessible. Records entered prior to the entry of a final order determining parentage in a proceeding under this section and RCW 26.26.500 through 26.26.605 and 26.26.615 through 26.26.630 are accessible only to the parties or on order of the court for good cause.
(3) Except as provided by applicable court rules, records entered after the entry of a final order determining parentage in a proceeding under this section and RCW 26.26.500 through 26.26.605 and 26.26.615 through 26.26.630 are publicly accessible.



26.26.615
Adjudication of paternity—Order on default. (Effective until January 1, 2019.)

The court shall issue an order adjudicating the paternity of a man who:
(1) After service of process, is in default; and
(2) Is found by the court to be the father of a child.



26.26.620
Dismissal for want of prosecution. (Effective until January 1, 2019.)

The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.625
Order adjudicating parentage. (Effective until January 1, 2019.)

(1) The court shall issue an order adjudicating whether a person alleged or claiming to be the parent is the parent of the child.
(2) An order adjudicating parentage must identify the child by name and age.
(3) Except as otherwise provided in subsection (4) of this section, the court may assess filing fees, reasonable attorneys' fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this section and RCW 26.26.500 through 26.26.620 and 26.26.630. The court may award attorneys' fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name.
(4) The court may not assess fees, costs, or expenses against the support enforcement agency of this state or another state, except as provided by other law.
(5) On request of a party and for good cause shown, the court may order that the name of the child be changed.
(6) If the order of the court is at variance with the child's birth certificate, the court shall order the state registrar of vital statistics to issue an amended birth certificate.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.630
Binding effect of determination of parentage. (Effective until January 1, 2019.)

(1) Except as otherwise provided in subsection (2) of this section, a determination of parentage is binding on:
(a) All signatories to an acknowledgment or denial of paternity as provided in RCW 26.26.300 through 26.26.375; and
(b) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of RCW 26.21A.100.
(2) A child is not bound by a determination of parentage under this chapter unless:
(a) The determination was based on an unrescinded acknowledgment of paternity and the acknowledgment of paternity is consistent with the results of the genetic testing;
(b) The adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown, or in the case of a child conceived through assisted reproduction, the adjudication of parentage was based on evidence showing the intent of the parents; or
(c) The child was a party or was represented in the proceeding determining parentage by a guardian ad litem.
(3) In a proceeding to dissolve a marriage or domestic partnership, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of RCW 26.21A.100, and the final order:
(a) Expressly identifies a child as a "child of the marriage," "issue of the marriage," "child of the domestic partnership," "issue of the domestic partnership," or similar words indicating that the spouses in the marriage or domestic partners in the domestic partnership are the parents of the child; or
(b) Provides for support of the child by one or both of the spouses or domestic partners unless parentage is specifically disclaimed in the order.
(4) Except as otherwise provided in subsection (2) of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
(5) A party to an adjudication of parentage may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, or other judicial review.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.700
Application of RCW 26.26.705 through 26.26.740. (Effective until January 1, 2019.)

RCW 26.26.705 through 26.26.740 do not apply to the birth of a child conceived by means of sexual intercourse.



26.26.705
Child of assisted reproduction—Parental status of donor. (Effective until January 1, 2019.)

A donor is not a parent of a child conceived by means of assisted reproduction, unless otherwise agreed in a signed record by the donor and the person or persons intending to be parents of a child conceived through assisted reproduction.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.710
Parentage of child of assisted reproduction. (Effective until January 1, 2019.)

A person who provides gametes for, or consents in a signed record to assisted reproduction with another person, with the intent to be the parent of the child born, is the parent of the resulting child.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.715
Consent to assisted reproduction. (Effective until January 1, 2019.)

(1) Consent by a couple who intend to be parents of a child conceived by assisted reproduction must be in a record signed by both persons. This requirement does not apply to a donor.
(2) Failure of the person to sign a consent required by subsection (1) of this section, before or after birth of the child, does not preclude a finding of parentage if the persons resided together in the same household with the child and openly held out the child as their own.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.720
Child of assisted reproduction—Limitation on dispute of parentage. (Effective until January 1, 2019.)

(1) Except as otherwise provided in subsection (2) of this section, a spouse or domestic partner of a woman who gives birth to a child by means of assisted reproduction, or a spouse or domestic partner of a man who has a child by means of assisted reproduction, may not challenge his or her parentage of the child unless:
(a) Within four years after learning of the birth of the child the person commences a proceeding to adjudicate his or her parentage. In actions commenced more than two years after the birth of the child, the child must be made a party to the action; and
(b) The court finds that the person did not consent to the assisted reproduction, before or after birth of the child.
(2) A proceeding to adjudicate parentage may be maintained at any time if the court determines that:
(a) The spouse or domestic partner did not provide gametes for, or before or after the birth of the child consent to, assisted reproduction by his or her spouse or domestic partner;
(b) The spouse or domestic partner and the parent of the child have not cohabited since the probable time of assisted reproduction; and
(c) The spouse or domestic partner never openly held out the child as his or her own.
(3) The limitation provided in this section applies to a marriage or domestic partnership declared invalid after assisted reproduction.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.725
Child of assisted reproduction—Effect of dissolution of marriage or domestic partnership. (Effective until January 1, 2019.)

(1) If a marriage or domestic partnership is dissolved before placement of eggs, sperm, or an embryo, the former spouse or former domestic partner is not a parent of the resulting child unless the former spouse or former domestic partner consented in a signed record that if assisted reproduction were to occur after a dissolution, the former spouse or former domestic partner would be a parent of the child.
(2) The consent of the former spouse or former domestic partner to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm, or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.730
Child of assisted reproduction—Parental status of deceased individual. (Effective until January 1, 2019.)

If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm, or an embryo, the deceased individual is not a parent of the resulting child unless the deceased individual consented in a signed record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.735
Child of assisted reproduction—Effect of agreement between egg donor and woman who gives birth. (Effective until January 1, 2019.)

The donor of eggs provided to a licensed physician for use in assisted reproduction for the purpose of attempting to achieve a pregnancy in a woman other than the donor is treated in law as if she were not the parent of a child thereafter conceived and born unless the donor and the woman who gives birth to a child as a result of the assisted reproduction agree in writing that the donor is to be a parent. RCW 26.26.705 does not apply in such case. A woman who gives birth to a child conceived through assisted reproduction under the supervision and with the assistance of a licensed physician is treated in law as if she were the parent of the child unless an agreement in writing signed by an egg donor and the woman giving birth to the child states otherwise. An agreement pursuant to this section must be in writing and signed by the egg donor and the woman who gives birth to the child and any other intended parent of the child. The physician shall certify the parties' signatures and the date of the egg harvest, identify the subsequent medical procedures undertaken, and identify the intended parents. The agreement, including the affidavit and certification, must be filed with the registrar of vital statistics, where it must be kept confidential and in a sealed file.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.740
Child of assisted reproduction—Issuance of birth certificate. (Effective until January 1, 2019.)

The department of health shall, upon request, issue a birth certificate for any child born as a result of an alternative reproductive medical technology procedure indicating the legal parentage of such child as intended by any agreement filed with the registrar of vital statistics pursuant to RCW 26.26.735.



26.26.750
Identifying information—Requirement to provide—Disclosure. (Effective until January 1, 2019.)

(1) A person who donates gametes to a fertility clinic in Washington to be used in assisted reproduction shall provide, at a minimum, his or her identifying information and medical history to the fertility clinic. The fertility clinic shall keep the identifying information and medical history of its donors and shall disclose the information as provided under subsection (2) of this section.
(2)(a) A child conceived through assisted reproduction who is at least eighteen years old shall be provided, upon his or her request, access to identifying information of the donor who provided gametes for the assisted reproduction that resulted in the birth of the child, unless the donor has signed an affidavit of nondisclosure with the fertility clinic that provided the gamete for assisted reproduction.
(b) Regardless of whether the donor signed an affidavit of nondisclosure, a child conceived through assisted reproduction who is at least eighteen years old shall be provided, upon his or her request, access to the nonidentifying medical history of the donor who provided gametes for the assisted reproduction that resulted in the birth of the child.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.760
Sexual assault resulting in pregnancy—Parental rights and responsibilities. (Effective until January 1, 2019.)

(1) This section applies in cases when a person alleged or presumed to be a legal parent to a child is alleged to have committed a sexual assault that resulted in the victim of the assault becoming pregnant and subsequently giving birth to the child.
(2) For the purposes of this section, "sexual assault" means nonconsensual sexual penetration that results in pregnancy.
(3) For the purposes of this section, the fact that the person seeking parental rights or presumed to be a legal parent committed a sexual assault that resulted in the victim of the assault becoming pregnant and subsequently giving birth to the child may be proved by either:
(a) Evidence that the person seeking parental rights or presumed to be a legal parent was convicted of or pleaded guilty to a sexual assault under RCW 9A.44.040, 9A.44.050, 9A.44.060, or a comparable crime of sexual assault in any jurisdiction, against the child's parent, and that the child was born within three hundred twenty days after the sexual assault; or
(b) Clear, cogent, and convincing evidence that the person seeking parental rights or presumed to be a legal parent committed sexual assault, as defined in this section, against the child's parent, and that the child was born within three hundred twenty days after the sexual assault.
(4) An allegation that the child was born as the result of a sexual assault may be raised under this chapter:
(a) In a petition to adjudicate parentage; or
(b) In response to a petition to adjudicate parentage.
The pleading making the allegation must be filed in a petition or in a response to a petition in proceedings filed no later than four years after the birth of the child, except that (i) the pleading making the allegation that the child was born as a result of a sexual assault may be filed at any time in proceedings pursuant to RCW 26.26.525; or (ii) for a period of two years after July 23, 2017, 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 there is an allegation that the child was born as a result of a sexual assault against the child's parent by the person seeking parentage or presumed to be the parent of the child, 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 is a presumed parent of the child; and (ii) the court specifically finds that it would be in the best interests 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 party 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) If, after the fact-finding hearing or after a bench trial, the court finds that the person seeking parental rights or presumed to be a legal parent committed sexual assault, pursuant to the standards set forth in subsection (3)(a) or (b) of this section, against the child's parent, and that the child was born within three hundred twenty days of the sexual assault the court must:
(a) Enter an order holding that the person seeking parental rights or presumed to be a legal parent is not a parent of the child, if such an order is requested by the child's legal parent or guardian; or
(b) Enter an order consistent with the relief requested by the child's legal parent or guardian, provided that the court determines that the relief requested is in the best interests of the child.
(7) Absent the express written consent of the child's legal parent or guardian, a person who is found to have committed a sexual assault, as defined in this section, against the child's parent, and that the child was born within three hundred twenty days of the sexual assault has:
(a) No right to an allocation of parental rights, including residential time or decision-making responsibilities for the child;
(b) No right to inheritance from the child; and
(c) No right to notification of, or standing to object to, the adoption of the child.
(8) If the court enters an order under subsection (6) of this section that is inconsistent with the information on the child's birth certificate, the court shall also order the birth certificate be amended in a manner that is consistent with the child's best interests and the wishes of the child's legal parent or guardian.
(9) If the court finds that the person seeking parentage or presumed to be the parent committed a sexual assault, as defined in this section, against the child's parent, and that the child was born within three hundred twenty days of the sexual assault, and the legal parent or guardian requests it, the court must order the person seeking parentage or presumed to be the parent to pay child support or birth-related costs or both.
(10) The legal parent or guardian may decline an order for child support or birth-related costs. If the legal 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 seeking parentage or presumed to be the parent who has been found to have committed a sexual assault, as defined in this section, against the child's parent, and that the child was born within three hundred twenty days of the sexual assault.
(11) If the court enters an order under subsection (10) of this section providing that no child support obligation may be established or collected from the person seeking parentage or presumed to be the parent who has been found to have committed a sexual assault, the court shall forward a copy of the order to the Washington state support registry.
(12) 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.
(13) 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.



26.26.903
Uniformity of application and construction—2002 c 302. (Effective until January 1, 2019.)

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it and to the intent that the act apply to persons of the same sex who have children together to the same extent the act applies to persons of the opposite sex who have children together.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.904
Transitional provision. (Effective until January 1, 2019.)

A proceeding to adjudicate parentage which was commenced before June 13, 2002, is governed by the law in effect at the time the proceeding was commenced.



26.26.911
Short title—2002 c 302. (Effective until January 1, 2019.)

This act may be known and cited as the uniform parentage act of 2002.

NOTES:

CostsApplication2011 c 283: See notes following RCW 26.26.011.



26.26.914
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. (Effective until January 1, 2019.)

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.