26.26.530  <<  26.26.535 >>   26.26.540

Proceeding to adjudicate parentageAuthority 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.
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