DEPARTMENT OF HEALTH
[Filed January 2, 2019, 9:32 a.m., effective January 2, 2019]
Effective Date of Rule: January 2, 2019.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: ESSB 6037 (chapters 26.26A
RCW) became effective on January 1, 2019. These rules are necessary to implement the law.
Purpose: Chapter 246-490 WAC, Vital statistics, the department of health (department) adopted new sections of rule to establish procedural requirements for individuals to file assertions, acknowledgments, denials, and rescissions of parentage with the department, and require supplemental information to identify the correct subject of the record to process an establishment of parentage court order. WAC 246-491-990 Vital records fees, is amended to establish new fees for filing assertions, acknowledgments, denials, and rescissions of parentage, and clarify existing fees.
Citation of Rules Affected by this Order: New WAC 246-490-300, 246-490-305 and 246-490-310; and amending WAC 246-491-990.
Statutory Authority for Adoption: ESSB 6037 (chapters 26.26A
Adopted under notice filed as WSR 18-20-119 on October 3, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 1, Repealed 0.
Date Adopted: January 2, 2019.
John Wiesman, DrPH, MPH
ESTABLISHING PARENTAGE ON A BIRTH RECORD
WAC 246-490-300Establishing a presumption of parentage with an assertion of parentage.
(1) When the individual who gave birth and the individual seeking to establish parentage were married after the birth of the child, the individual seeking to establish parentage shall file an assertion with the department to establish a presumption of parentage consistent with RCW 26.26A.115
(2) If required to establish a presumption of parentage, the individual shall file an assertion prior to filing a voluntary acknowledgment of parentage with the department.
(3) The assertion may only be filed with the department on the forms provided by the department. The form must be completed and sent to the department along with the applicable fees established in WAC 246-491-990.
WAC 246-490-305Establishing parentage with a voluntary acknowledgment of parentage or denial of parentage.
(1) The individual who gave birth and an alleged genetic parent, an intended parent through assisted reproduction, or a presumed parent may use an acknowledgment of parentage that complies with RCW 26.26A.200
to establish parentage. When the completed acknowledgment of parentage form is filed with the department and a denial of parentage is not required, the parent's name will be added to the child's birth record.
(2) If a presumed parent or an alleged genetic parent will not be the parent listed on the child's birth record, the presumed parent or an alleged genetic parent may sign a denial of parentage that complies with RCW 26.26A.200
. If the presumed parent or an alleged genetic parent does not sign a denial of parentage, the department shall require a court ordered establishment of parentage to change the birth record. Submission of the court order to the department must comply with the requirements of WAC 246-490-310.
(a) The acknowledgment of parentage and denial of parentage forms are considered completed when both forms are filed with the department.
(b) After both forms are filed, the department will change the child's birth record in accordance with the forms. The individual seeking to establish parentage will be listed as a parent.
(3) An individual who signed an acknowledgment of parentage or denial of parentage form may file a rescission of parentage form on or before sixty days from the time the acknowledgment or denial of parentage forms were filed with the department or the date of the first court proceeding relating to parentage of the child, whichever occurs first. Once a complete rescission that meets the time requirements has been filed with the department, the department will:
(a) Notify the individuals who signed an acknowledgment of parentage or denial of parentage form in writing to the individuals' address listed on the acknowledgment of parentage or denial of parentage form that a rescission was filed with the department. Failure to give the notice does not affect the validity of the rescission; and
(b) Change the child's record to the prior record information before the acknowledgment or denial of parentage form was filed.
(4) After a rescission is filed as described in subsection (3) of this section, a new acknowledgment of parentage form may be filed with the department.
(5) After sixty days, a challenge of parentage requires a court proceeding, consistent with chapter 26.26A
(6) For the purpose of this section, "witnessed" has the same meaning as RCW 26.26A.010
. A person signing the witnessed statement must be at least eighteen years of age and not related by blood or marriage to the individuals who sign an acknowledgment of parentage, denial of parentage, or rescission of parentage form.
(7) An acknowledgment of parentage, denial of parentage, or rescission of parentage form must be completed, signed, witnessed or notarized, and submitted to the department with the applicable fee required by WAC 246-491-990. Incomplete forms will not be filed and will be returned.
(8) To receive a birth certificate reflecting the change, a certificate order form must be sent to the department along with the applicable fee required by RCW 70.58.107
WAC 246-490-310Court ordered establishment of parentage.
(1) If parentage is established by court order, the court or parents of the child must submit a certified copy of the court order to the department.
(2) The department may require supplemental information to locate and change the child's birth record to comply with a court order that establishes parentage. The parents listed in the court order must provide the supplemental information. The department may request the following information in order to comply with the court order:
(a) Full name of child, as listed on the child's birth record;
(b) Child's date of birth;
(c) Full name of the individual who gave birth, as listed on the child's birth record;
(d) Full legal name, date of birth, and place of birth for the individual being added as a parent; and
(e) Any additional information needed to locate the birth record.
(3) If the department cannot locate the child's birth record, the department will not change the record until the parents listed in the court order provide the supplemental information requested by the department.
AMENDATORY SECTION(Amending WSR 91-02-049, filed 12/27/90, effective 1/31/91)
WAC 246-491-990Vital records fees.
The department shall collect nonrefundable fees to cover program costs as follows:
(((1) To prepare a sealed file following amendment of the original vital record
(2) To review a sealed file
(3) The director of the division))
(1) To prepare a sealed record following an adoption or to search the vital records system for adoption record information.
(2) To file an assertion of parentage, an acknowledgment or denial of parentage, or a rescission of parentage.
(3) Fee for hospital filed acknowledgments or denials of parentage.
(4) To prepare a certificate of birth record information (CBRI) letter or to provide a copy of an assertion of parentage, an acknowledgment or denial of parentage, or a rescission of parentage.
(5) The secretary of health may enter into agreements with state and local government agencies to establish alternate fee schedules and payment arrangements for reimbursement of these program costs.