SENATE BILL REPORT

SB 5623

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 4, 2009

Title: An act relating to documentation necessary to challenge acknowledgment of paternity.

Brief Description: Revising the documentation necessary to challenge acknowledgment of paternity.

Sponsors: Senator Kline.

Brief History:

Committee Activity: Judiciary:

SENATE COMMITTEE ON JUDICIARY

Staff: Brandon Roché (786-7405)

Background: In accordance with RCW 70.58.080, a birth certificate cannot list a father unless he is married to the mother or an acknowledgment of paternity has been signed. An acknowledgement of paternity is an affidavit by a father legally acknowledging his paternity of a child. The acknowledgement is invoked in a proceeding making residential provisions or a parenting plan, or establishing a child support obligation. If these actions are challenged by the alleged father, a copy of the acknowledgement of paternity must be filed with the court and the proceeding turns into a dispute over the acknowledgement of paternity before any residential or child support obligations will be considered by the court.

To obtain a copy of the acknowledgement of paternity, one must send a special request with identification and a $35 fee to the Department of Health Center for Health Statistics. Birth certificates are available through the local health departments.

Summary of Bill: A birth certificate may be used in lieu of a copy of the acknowledgement of paternity in order to begin the proceeding challenging the paternity of a child.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.