SENATE BILL REPORT

SB 5507

 

As Reported By Senate Committee On:

Judiciary, February 27, 2001

 

Title:  An act relating to establishing parenting plans or residential schedules for parents who have voluntarily acknowledged paternity.

 

Brief Description:  Establishing parenting plans or residential schedules for parents who have acknowledged paternity.

 

Sponsors:  Senator Kastama.

 

Brief History: 

Committee Activity:  Judiciary:  2/26/01, 2/27/01 [DPS].

SENATE COMMITTEE ON JUDICIARY

 

Majority Report:  That Substitute Senate Bill No. 5507 be substituted therefor, and the substitute bill do pass.

Signed by Senators Kline, Chair; Constantine, Vice Chair; Costa, Hargrove, Johnson, Kastama, Long, McCaslin, Roach, Thibaudeau and Zarelli.

 

Staff:  Lilah Amos (786‑7421)

 

Background:  The Uniform Parentage Act establishes a procedure for determining the existence of a parent-child relationship between an alleged father and child.  A court must determine the existence of the parent-child relationship, based either upon an acknowledgment of paternity by the alleged father or proof of paternity by use of genetic testing.  The child is a party to the action and must be represented by a guardian ad litem or guardian.  Each person alleged to be the father must be a party.  If the court issues an order determining that a parent-child relationship exists, it shall establish child support obligations and shall order residential provisions for the child.  Restraining orders may also be issued.

 

It has been suggested that paternity proceedings can be streamlined for situations where there is no dispute about the paternity of the child.  In such situations, an abbreviated legal action addressing only a residential schedule, support, and insurance coverage could be beneficial.

 

Summary of Substitute Bill: A parent who has executed an acknowledgment of paternity for a child can file an action seeking establishment of  residential provisions, a parenting plan, child support, and/or health insurance coverage.  A guardian ad litem for the child is not required on the issue of paternity.  The parent must allege under oath that no other man is presumed to be the natural father, that there is no parentage action pending, and that notice of the proceeding has been provided to any other man who has claimed parentage.  If another man contests these allegations, the action shall be converted to a parentage action.

 

Substitute Bill Compared to Original Bill:  A parent who has acknowledged paternity must allege under oath that no other man is presumed to be the natural father, that there is not currently a parentage action pending, and that any other men who have claimed paternity have been notified.  If anyone contests these allegations, the matter must be converted to a parentage action and a guardian ad litem must be appointed for the child.

 

Appropriation:  None.

 

Fiscal Note:  Not requested.

 

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

 

Testimony For:  None.

 

Testimony Against:  None.

 

Testified:  No one.