S-0351.3
SENATE BILL 5461
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State of Washington | 65th Legislature | 2017 Regular Session |
By Senators Rolfes, Pearson, Zeiger, Angel, Kuderer, and Mullet
Read first time 01/25/17. Referred to Committee on Law & Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This act may be known and cited as the disestablishing paternity act.
NEW SECTION. Sec. 2. A new section is added to chapter 26.26 RCW to read as follows: (1) A party to a determination of parentage as defined in this chapter may file a petition in superior court to rescind an acknowledgment of paternity, challenge a presumption of paternity, or contest an adjudication of paternity under this chapter at any time within the limitations imposed under subsection (4) of this section if genetic testing that complies with RCW
26.26.410 shows by clear and convincing evidence that the acknowledged, presumed, or alleged father is not the genetic father of the child.
(2) If the court enters an order pursuant to subsection (1) of this section finding an acknowledged, presumed, or alleged father is not the genetic father of the child based on genetic testing that shows that he is not the genetic father, he is discharged from all of the rights and duties of a parent pursuant to subsection (7) of this section as of the date of the order.
(3) If the court enters an order determining an acknowledged, presumed, or alleged father is not the genetic father of a child, then the order must direct vital statistics to remove his name from the child's birth certificate.
(4) This section does not apply if:
(a) The man is the child's adoptive father;
(b) The child was conceived by assisted reproduction and the man consented to assisted reproduction with the intent to be the parent of the child born; or
(c) Genetic testing that satisfies RCW
26.26.410 and
26.26.420 was used as the basis to determine a prior adjudication of paternity; unless, sufficient evidence of material mistake of fact, or fraud, had occurred within the administration of such genetic testing can be shown.
(5)(a) A petitioner seeking to rescind an acknowledgment of paternity, challenge a presumption of paternity, or contest an adjudication of paternity of a child born on or after the effective date of this section must file the petition within two years of the date on which the petitioner becomes aware of the facts alleged in the petition indicating that the petitioner is not the child's genetic father.
(b) A petitioner seeking to rescind an acknowledgment of paternity, challenge a presumption of paternity, or contest an adjudication of paternity of a child born before the effective date of this section has two years from the effective date of this section to file a petition, regardless of the date on which the petitioner became aware of the facts alleged in the petition indicating that the petitioner is not the child's genetic father.
(6) For purposes of this section, an acknowledgment of paternity shall be deemed to have been executed on the basis of a material mistake of fact where evidence and genetic testing in accordance with RCW
26.26.410 and
26.26.420 shows that the acknowledged father is not the genetic father of a child.
(7)(a) An order determining an acknowledged, presumed, or contested father is not the genetic father, entered under this section, shall relieve him from future obligations of paternity and child support for the child who is the subject of the order or orders. The court must extinguish all or any part of an existing child support arrearage upon such terms as are just. There is no right of reimbursement for amounts paid under any prior order of child support, but a father who is not the genetic father maintains the right to bring a civil action seeking damages or other remedies except as provided in (b) of this subsection.
(b) The provisions of this section do not create a cause of action against the state to recover child support and do not create a state debt. The state of Washington is not required to refund or repay child support previously collected or retained under a court order that is set aside under this section.
Sec. 3. RCW 26.26.310 and 2011 c 283 s 13 are each amended to read as follows:
(1) A presumed father of a child may sign a denial of his paternity. Except as provided in subsection (2) of this section, the denial is valid only if:
(((1))) (a) An acknowledgment of paternity signed by another man is filed under RCW
26.26.320;
(((2))) (b) The denial is in a record, and is signed under penalty of perjury; and
(((3))) (c) The presumed father has not previously:
(((a))) (i) 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))) (ii) Been adjudicated to be the father of the child.
(2) A denial of paternity may be signed at any time and is not valid unless accompanied by a certified copy of a final order determining an acknowledged, presumed, or contested father is not the genetic father of a child entered pursuant to section 2 of this act.
Sec. 4. RCW 26.26.320 and 2011 c 283 s 15 are each amended to read as follows:
(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
, including any obligation to pay child support under any court order or administrative finding set aside by the final order determining an acknowledged, presumed, or contested father is not the genetic father of a child entered pursuant to section 2 of this act.
Sec. 5. RCW 26.26.335 and 2011 c 283 s 17 are each amended to read as follows:
(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.)) two years of the discovery of evidence of fraud, duress, or material mistake of fact, and brought as an action under section 2 of this act. In actions commenced more than two years after the birth of the child, the child must be made a party to the action.
(((2))) (3) In a proceeding brought under section 2 of this act, the court may suspend a petitioner's financial obligation to pay child support for good cause shown. Genetic testing showing that the petitioner is not the genetic father creates a rebuttable presumption of good cause shown.
(4) A party challenging an acknowledgment or denial of paternity has the burden of proof.
Sec. 6. RCW 26.26.530 and 2011 c 283 s 32 are each amended to read as follows:
(1) Except as otherwise provided in subsection (2) of this section, a proceeding brought by a presumed, adjudicated, acknowledged, or natural 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)) two years after the discovery of new evidence showing fraud, duress, or material mistake of fact in the determination of the child's parentage. 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:
(a) 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; or
(b) Genetic testing that satisfies the requirements of RCW 26.26.410 excludes the presumed, acknowledged, or adjudicated father as the genetic father of the child, regardless of whether the presumed, acknowledged, or adjudicated father cohabited or engaged in sexual intercourse with the person who has a parent-child relationship with the child during the probable time of conception, held out the child as his own, or provided financial support for the child and the petition to challenge paternity is brought under section 2 of this act. This subsection (2)(b) does not apply if the man is the adoptive father of the child or consented to assisted reproduction with another person with the intent to be the parent of the child born.
Sec. 7. RCW 26.26.535 and 2011 c 283 s 33 are each amended to read as follows:
(1)
Except as provided in subsection (6) of this section, 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)) presume, subject to rebuttal, that it is in the best interest of the child to accurately determine the child's parentage as soon as possible.
(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 supported by findings of fact and conclusions of law.
(6) The court may not deny genetic testing if the presumed father did not know that he was not the genetic father of the child and has filed a petition to challenge paternity under section 2 of this act.
Sec. 8. RCW 26.26.600 and 2011 c 283 s 42 are each amended to read as follows:
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.
Sec. 9. RCW 26.26.405 and 2011 c 283 s 22 are each amended to read as follows:
(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, or stating facts that the party denying paternity did not know he was not the genetic father 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.
NEW SECTION. Sec. 10. Beginning in 2018 and ending in 2028, the department of social and health services division of child support shall track and report to the legislature the number of cases known to the division of child support in which a court, within the calendar year, disestablishes and sets aside a previous judgment of paternity and support, and orders of support, based on an acknowledgment of paternity under section 2 of this act. The department of social and health services division of child support shall submit this report by December 31st of each year.
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