AN ACT Relating to the uniform parentage act; amending RCW
5.44.140, 5.62.030, 9.41.070, 9.41.800, 74.20.310, 74.20.360, 74.20A.056, and
70.58.080; adding new sections to chapter 26.26 RCW; repealing RCW 26.26.010,
26.26.020, 26.26.030, 26.26.035, 26.26.040, 26.26.050, 26.26.060, 26.26.070,
26.26.080, 26.26.090, 26.26.100, 26.26.110, 26.26.120, 26.26.137, 26.26.170,
26.26.180, 26.26.200, 26.26.900, 26.26.901, and 26.26.905; prescribing
penalties; and providing an effective date.
BE IT ENACTED
BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
ARTICLE 1
GENERAL PROVISIONS
NEW SECTION. Sec. 101. SHORT TITLE. This act may be known and
cited as the uniform parentage act.
NEW SECTION. Sec. 102. DEFINITIONS. The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Acknowledged father" means a man who has established
a father-child relationship under sections 301 through 316 of this act.
(2) "Adjudicated father" means a man who has been
adjudicated by a court of competent jurisdiction to be the father of a child.
(3) "Alleged father" means a man who alleges himself to
be, or is alleged to be, the genetic father or a possible genetic father of a
child, but whose paternity has not been determined. The term does not include:
(a) A presumed father;
(b) A man whose parental rights have been terminated or declared
not to exist; or
(c) A male donor.
(4) "Assisted reproduction" means a method of causing
pregnancy other than sexual intercourse. The term includes:
(a) Intrauterine insemination;
(b) Donation of eggs;
(c) Donation of embryos;
(d) In vitro fertilization and transfer of embryos; and
(e) Intracytoplasmic sperm injection.
(5) "Child" means an individual of any age whose
parentage may be determined under this chapter.
(6) "Commence" means to file the petition seeking an
adjudication of parentage in a superior court of this state or to serve a
summons and the petition.
(7) "Determination of parentage" means the establishment
of the parent-child relationship by the signing of a valid acknowledgment of
paternity under sections 301 through 316 of this act or adjudication by the
court.
(8) "Donor" means an individual who produces eggs or
sperm used for assisted reproduction, whether or not for consideration. The
term does not include:
(a) A husband who provides sperm, or a wife who provides eggs, to
be used for assisted reproduction by the wife; or
(b) A woman who gives birth to a child by means of assisted
reproduction, except as otherwise provided in RCW 26.26.210 through 26.26.260
or section 608 of this act.
(9) "Ethnic or racial group" means, for purposes of
genetic testing, a recognized group that an individual identifies as all or
part of his or her ancestry or that is so identified by other information.
(10) "Genetic testing" means an analysis of genetic
markers only to exclude or identify a man as the father or a woman as the
mother of a child. The term includes an analysis of one or a combination of
the following:
(a) Deoxyribonucleic acid; and
(b) Blood-group antigens, red-cell antigens, human-leukocyte
antigens, serum enzymes, serum proteins, or red-cell enzymes.
(11) "Man" means a male individual of any age.
(12) "Parent" means an individual who has established a
parent-child relationship under section 201 of this act.
(13) "Parent-child relationship" means the legal
relationship between a child and a parent of the child. The term includes the
mother-child relationship and the father-child relationship.
(14) "Paternity index" means the likelihood of paternity
calculated by computing the ratio between:
(a) The likelihood that the tested man is the father, based on the
genetic markers of the tested man, mother, and child, conditioned on the
hypothesis that the tested man is the father of the child; and
(b) The likelihood that the tested man is not the father, based on
the genetic markers of the tested man, mother, and child, conditioned on the
hypothesis that the tested man is not the father of the child and that the
father is from the same ethnic or racial group as the tested man.
(15) "Presumed father" means a man who, under section 204
of this act, is recognized to be the father of a child until that status is
rebutted or confirmed in a judicial proceeding.
(16) "Probability of paternity" means the measure, for
the ethnic or racial group to which the alleged father belongs, of the
probability that the individual in question is the father of the child,
compared with a random, unrelated man of the same ethnic or racial group,
expressed as a percentage incorporating the paternity index and a prior
probability.
(17) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(18) "Signatory" means an individual who authenticates a
record and is bound by its terms.
(19) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin Islands, any
territory or insular possession subject to the jurisdiction of the United
States, or an Indian tribe or band, or Alaskan native village, that is
recognized by federal law or formally acknowledged by state law.
(20) "Support enforcement agency" means a public official
or agency authorized to seek:
(a) Enforcement of support orders or laws relating to the duty of
support;
(b) Establishment or modification of child support;
(c) Determination of parentage; or
(d) Location of child support obligors and their income and assets.
NEW SECTION. Sec. 103. SCOPE OF ACT‑-CHOICE
OF LAW. (1) This chapter governs every determination of parentage in this
state.
(2) The court shall apply the law of this state to adjudicate the
parent-child relationship. The applicable law does not depend on:
(a) The place of birth of the child; or
(b) The past or present residence of the child.
(3) This chapter does not create, enlarge, or diminish parental
rights or duties under other law of this state.
(4) If a birth results under a surrogate parentage contract that is
unenforceable under the law of this state, the parent-child relationship is
determined as provided in sections 201 through 204 of this act.
NEW SECTION. Sec. 104. COURT OF THIS STATE. The
superior courts of this state are authorized to adjudicate parentage under this
chapter.
NEW SECTION. Sec. 105. PROTECTION OF
PARTICIPANTS. Proceedings under this chapter are subject to other law of this
state governing the health, safety, privacy, and liberty of a child or other
individuals that could be jeopardized by disclosure of identifying information,
including the address, telephone number, place of employment, social security
number, and the child's day-care facility and school.
NEW SECTION. Sec. 106. DETERMINATION OF
MATERNITY. The provisions relating to determination of paternity may be
applied to a determination of maternity.
ARTICLE
2
PARENT-CHILD RELATIONSHIP
NEW SECTION. Sec. 201. ESTABLISHMENT OF
PARENT-CHILD RELATIONSHIP. (1) The mother-child relationship is established
between a child and a woman by:
(a) The woman's having given birth to the child, except as
otherwise provided in RCW 26.26.210 through 26.26.260;
(b) An adjudication of the woman's maternity;
(c) Adoption of the child by the woman;
(d) A valid surrogate parentage contract, under which the mother is
an intended parent of the child, as provided in RCW 26.26.210 through
26.26.260; or
(e) An affidavit and physician's certificate in a form prescribed
by the department of health wherein the donor of ovum or surrogate gestation
carrier sets forth her intent to be legally bound as the parent of a child or
children born through alternative reproductive medical technology by filing the
affidavit and physician's certificate with the registrar of vital statistics
within ten days after the date of the child's birth pursuant to section 608 of
this act.
(2) The father-child relationship is established between a child
and a man by:
(a) An unrebutted presumption of the man's paternity of the child
under section 204 of this act;
(b) The man's having signed an acknowledgment of paternity under
sections 301 through 316 of this act, unless the acknowledgment has been
rescinded or successfully challenged;
(c) An adjudication of the man's paternity;
(d) Adoption of the child by the man;
(e) The man's having consented to assisted reproduction by his wife
under sections 601 through 607 of this act that resulted in the birth of the
child; or
(f) A valid surrogate parentage contract, under which the father is
an intended parent of the child, as provided in RCW 26.26.210 through
26.26.260.
NEW SECTION. Sec. 202. NO DISCRIMINATION BASED
ON MARITAL STATUS. A child born to parents who are not married to each other
has the same rights under the law as a child born to parents who are married to
each other.
NEW SECTION. Sec. 203. CONSEQUENCES OF
ESTABLISHMENT OF PARENTAGE. Unless parental rights are terminated, the
parent-child relationship established under this chapter applies for all
purposes, except as otherwise provided by other law of this state.
NEW SECTION. Sec. 204. PRESUMPTION OF PATERNITY
IN CONTEXT OF MARRIAGE. (1) A man is presumed to be the father of a child if:
(a) He and the mother of the child are married to each other and
the child is born during the marriage;
(b) He and the mother of the child were married to each other and
the child is born within three hundred days after the marriage is terminated by
death, annulment, dissolution of marriage, legal separation, or declaration of
invalidity;
(c) Before the birth of the child, he and the mother of the child
married each other in apparent compliance with law, even if the attempted
marriage is, or could be, declared invalid and the child is born during the
invalid marriage or within three hundred days after its termination by death,
annulment, dissolution of marriage, legal separation, or declaration of
invalidity; or
(d) After the birth of the child, he and the mother of the child
have married each other in apparent compliance with law, whether or not the
marriage is, or could be declared invalid, and he voluntarily asserted his
paternity of the child, and:
(i) The assertion is in a record filed with the state registrar of
vital statistics;
(ii) Agreed to be and is named as the child's father on the child's
birth certificate; or
(iii) Promised in a record to support the child as his own.
(2) A presumption of paternity established under this section may
be rebutted only by an adjudication under sections 501 through 537 of this act.
ARTICLE
3
VOLUNTARY ACKNOWLEDGMENT OF
PATERNITY
NEW SECTION. Sec. 301. ACKNOWLEDGMENT OF
PATERNITY. The mother of a child and a man claiming to be the father of the
child conceived as the result of his sexual intercourse with the mother may
sign an acknowledgment of paternity with intent to establish the man's
paternity.
NEW SECTION. Sec. 302. EXECUTION OF
ACKNOWLEDGMENT OF PATERNITY. (1) An acknowledgment of paternity must:
(a) Be in a record;
(b) Be signed under penalty of perjury by the mother and by the man
seeking to establish his paternity;
(c) State that the child whose paternity is being acknowledged:
(i) Does not have a presumed father, or has a presumed father whose
full name is stated; and
(ii) Does not have another acknowledged or adjudicated father;
(d) State whether there has been genetic testing and, if so, that
the acknowledging man's claim of paternity is consistent with the results of
the testing; and
(e) State that the signatories understand that the acknowledgment
is the equivalent of a judicial adjudication of paternity of the child and that
a challenge to the acknowledgment is permitted only under limited circumstances
and is barred after two years.
(2) An acknowledgment of paternity is void if it:
(a) States that another man is a presumed father, unless a denial
of paternity signed by the presumed father is filed with the state registrar of
vital statistics;
(b) States that another man is an acknowledged or adjudicated
father; or
(c) Falsely denies the existence of a presumed, acknowledged, or
adjudicated father of the child.
(3) A presumed father may sign an acknowledgment of paternity.
NEW SECTION. Sec. 303. DENIAL OF PATERNITY. A
presumed father of a child may sign a denial of his paternity. The denial is
valid only if:
(1) An acknowledgment of paternity signed by another man is filed
under section 305 of this act;
(2) The denial is in a record, and signed under penalty of perjury;
and
(3) The presumed father has not previously:
(a) Acknowledged his paternity, unless the previous acknowledgment
has been rescinded under section 307 of this act or successfully challenged
under section 308 of this act; or
(b) Been adjudicated to be the father of the child.
NEW SECTION. Sec. 304. RULES FOR ACKNOWLEDGMENT
AND DENIAL OF PATERNITY. (1) An acknowledgment of paternity and a denial of
paternity may be contained in a single document or may be signed in counterparts,
and may be filed separately or simultaneously.
(2) An acknowledgment of paternity or a denial of paternity may be
signed before the birth of the child.
(3) An acknowledgment and denial of paternity, if any, take effect
on the birth of the child or the filing of the document with the state
registrar of vital statistics, whichever occurs later.
(4) An acknowledgment or denial of paternity signed by a minor is
valid if otherwise in compliance with this chapter.
NEW SECTION. Sec. 305. EFFECT OF ACKNOWLEDGMENT
OR DENIAL OF PATERNITY. (1) Except as otherwise provided in sections 307 and
308 of this act, a valid acknowledgment of paternity filed with the state
registrar of vital statistics is equivalent to an adjudication of paternity of
a child and confers upon the acknowledged father all the rights and duties of a
parent.
(2) Except as otherwise provided in sections 307 and 308 of this
act, 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.
NEW SECTION. Sec. 306. FILING FEE. The state
registrar of vital statistics may charge a fee for filing an acknowledgment or
denial of paternity.
NEW SECTION. Sec. 307. PROCEEDING FOR
RESCISSION. A signatory may rescind an acknowledgment or denial of paternity
by commencing a court proceeding to rescind before the earlier of:
(1) Sixty days after the effective date of the filing of the
acknowledgment or denial, as provided in section 304 of this act; or
(2) The date of the first hearing in a proceeding to which the
signatory is a party before a court to adjudicate an issue relating to the
child, including a proceeding that establishes support.
NEW SECTION. Sec. 308. CHALLENGE AFTER EXPIRATION
OF TIME FOR RESCISSION. (1) After the period for rescission under section 307
of this act has elapsed, 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 two years after the acknowledgment or denial is filed
with the state registrar of vital statistics.
(2) A party challenging an acknowledgment or denial of paternity
has the burden of proof.
NEW SECTION. Sec. 309. PROCEDURE FOR RESCISSION
OR CHALLENGE. (1) Every signatory to an acknowledgment or denial of paternity
must be made a party to a proceeding to rescind or challenge the acknowledgment
or denial.
(2) For the purpose of rescission of, or challenge to, an
acknowledgment or denial of paternity, a signatory submits to personal
jurisdiction of this state by signing the acknowledgment or denial, effective
upon the filing of the document with the state registrar of vital statistics.
(3) Except for good cause shown, during the pendency of a
proceeding to rescind or challenge an acknowledgment or denial of paternity,
the court may not suspend the legal responsibilities of a signatory arising
from an acknowledgment, including the duty to pay child support.
(4) A proceeding to rescind or to challenge an acknowledgment or
denial of paternity must be conducted in the same manner as a proceeding to
adjudicate parentage under sections 501 through 537 of this act.
(5) At the conclusion of a proceeding to rescind or challenge an
acknowledgment or denial of paternity, the court shall order the state
registrar of vital statistics to amend the birth record of the child, if
appropriate.
NEW SECTION. Sec. 310. RATIFICATION BARRED. A
court or administrative agency conducting a judicial or administrative
proceeding is not required or permitted to ratify an unchallenged
acknowledgment of paternity.
NEW SECTION. Sec. 311. FULL FAITH AND CREDIT. A
court of this state shall give full faith and credit to an acknowledgment or
denial of paternity effective in another state if the acknowledgment or denial
has been signed and is otherwise in compliance with the law of the other state.
NEW SECTION. Sec. 312. FORMS FOR ACKNOWLEDGMENT
AND DENIAL OF PATERNITY. (1) To facilitate compliance with sections 301
through 311 of this act, the state registrar of vital statistics shall
prescribe forms for the acknowledgment and the denial of paternity. The
acknowledgment of paternity shall state, in prominent lettering, that signing
the acknowledgment of paternity is equivalent to an adjudication of paternity
and confers upon the acknowledged father all the rights and duties of a parent,
such as the payment of child support, if the acknowledgment is not challenged
or rescinded as prescribed under sections 303 through 309 of this act. The
form shall include copies of the provisions in sections 303 through 309 of this
act.
(2) A valid acknowledgment or denial of paternity is not affected
by a later modification of the prescribed form.
NEW SECTION. Sec. 313. RELEASE OF INFORMATION.
The state registrar of vital statistics may release information relating to the
acknowledgment or denial of paternity, not expressly sealed under a court
order, to: (1) A signatory of the acknowledgment or denial or their attorneys
of record; (2) the courts of this or any other state; (3) the agencies of this
or any other state operating a child support program under Title IV-D of the
social security act; or (4) the agencies of this or any other state involved in
a dependency determination for a child named in the acknowledgment or denial of
paternity.
NEW SECTION. Sec. 314. ADOPTION OF RULES. The
state registrar of vital statistics may adopt rules to implement sections 301
through 316 of this act.
NEW SECTION. Sec. 315. (1) Sections 301 through
316 of this act apply to all acknowledgments of paternity executed on or after
July 1, 1997.
(2) A man who executed an acknowledgment of paternity before July
1, 1997, is rebuttably identified as the father of the child named therein.
Any dispute of the parentage, custody, visitation, or support of the child
named therein shall be determined in a proceeding to adjudicate the child's
parentage commenced under sections 501 through 537 of this act.
NEW SECTION. Sec. 316. (1) After the period for
rescission of an acknowledgment of paternity provided in section 307 of this
act has passed, a parent executing an acknowledgment of paternity of the child
named therein may commence a judicial proceeding for:
(a) Making residential provisions or a parenting plan with regard
to the minor child on the same basis as provided in chapter 26.09 RCW; or
(b) Establishing a child support obligation under chapter 26.19 RCW
and maintaining health insurance coverage under RCW 26.09.105.
(2) Pursuant to RCW 26.09.010(3), a proceeding authorized by this
section shall be entitled "In re the parenting and support of...."
(3) Before the period for a challenge to the acknowledgment or
denial of paternity has elapsed under section 308 of this act, the petitioner
must specifically allege under penalty of perjury, to the best of the
petitioner's knowledge, that: (a) No man other than the man who executed the
acknowledgment of paternity is the father of the child; (b) there is not
currently pending a proceeding to adjudicate the parentage of the child or that
another man is adjudicated the child's father; and (c) the petitioner has
provided notice of the proceeding to any other men who have claimed parentage
of the child. Should the respondent or any other person appearing in the
action deny the allegations, a permanent parenting plan or residential schedule
may not be entered for the child without the matter being converted to a
proceeding to challenge the acknowledgment of paternity under sections 308 and
309 of this act. A copy of the acknowledgment of paternity must be filed with
the petition or response. The court may convert the matter to a proceeding to
challenge the acknowledgment on its own motion.
ARTICLE
4
GENETIC TESTING
NEW SECTION. Sec. 401. SCOPE. Sections 402 through 411
of this act govern genetic testing of an individual only to determine
parentage, whether the individual:
(1) Voluntarily submits to testing; or
(2) Is tested pursuant to an order of the court or a support
enforcement agency.
NEW SECTION. Sec. 402. ORDER FOR TESTING. (1)
Except as otherwise provided in this section and sections 403 through 537 of
this act, 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.
(2) A support enforcement agency may order genetic testing only if
there is no presumed, acknowledged, or adjudicated 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 men are subject to court-ordered genetic
testing, the testing may be ordered concurrently or sequentially.
NEW SECTION. Sec. 403. REQUIREMENTS FOR GENETIC
TESTING. (1) Genetic testing must be of a type reasonably relied upon by
experts in the field of genetic testing and performed in a testing laboratory
accredited by:
(a) The American association of blood banks, or a successor to its
functions;
(b) The American society for histocompatibility and immunogenetics,
or a successor to its functions; or
(c) An accrediting body designated by the United States secretary
of health and human services.
(2) A specimen used in genetic testing may consist of one or more
samples or a combination of samples of blood, buccal cells, bone, hair, or
other body tissue or fluid. The specimen used in the testing need not be of
the same kind for each individual undergoing genetic testing.
(3) Based on the ethnic or racial group of an individual, the
testing laboratory shall determine the data bases from which to select
frequencies for use in the calculations. If there is disagreement as to the
testing laboratory's choice, the following rules apply:
(a) The individual objecting may require the testing laboratory,
within thirty days after receipt of the report of the test, to recalculate the
probability of paternity using an ethnic or racial group different from that
used by the laboratory.
(b) The individual objecting to the testing laboratory's initial
choice shall:
(i) If the frequencies are not available to the testing laboratory
for the ethnic or racial group requested, provide the requested frequencies
compiled in a manner recognized by accrediting bodies; or
(ii) Engage another testing laboratory to perform the calculations.
(c) The testing laboratory may use its own statistical estimate if
there is a question regarding which ethnic or racial group is appropriate. If
available, the testing laboratory shall calculate the frequencies using
statistics for any other ethnic or racial group requested.
(4) If, after recalculation using a different ethnic or racial
group, genetic testing does not rebuttably identify a man as the father of a
child under section 405 of this act, an individual who has been tested may be
required to submit to additional genetic testing.
NEW SECTION. Sec. 404. REPORT OF GENETIC
TESTING. (1) The report of genetic testing must be in a record and signed
under penalty of perjury by a designee of the testing laboratory. A report
made under the requirements of this section is self-authenticating.
(2) Documentation from the testing laboratory of the following
information is sufficient to establish a reliable chain of custody that allows
the results of genetic testing to be admissible without testimony:
(a) The names and photographs of the individuals whose specimens
have been taken;
(b) The names of the individuals who collected the specimens;
(c) The places and dates the specimens were collected;
(d) The names of the individuals who received the specimens in the
testing laboratory; and
(e) The dates the specimens were received.
NEW SECTION. Sec. 405. GENETIC TESTING RESULTS‑-REBUTTAL.
(1) Under this chapter, a man is rebuttably identified as the father of a child
if the genetic testing complies with this section and sections 401 through 404
and 406 through 411 of this act and the results disclose that:
(a) The man has at least a ninety-nine percent probability of
paternity, using a prior probability of 0.50, as calculated by using the
combined paternity index obtained in the testing; and
(b) A combined paternity index of at least one hundred to one.
(2) A man identified under subsection (1) of this section as the
father of the child may rebut the genetic testing results only by other genetic
testing satisfying the requirements of this section and sections 401 through
404 and 406 through 411 of this act which:
(a) Excludes the man as a genetic father of the child; or
(b) Identifies another man as the father of the child.
(3) Except as otherwise provided in section 410 of this act, if
more than one man is identified by genetic testing as the possible father of
the child, the court shall order them to submit to further genetic testing to
identify the genetic father.
NEW SECTION. Sec. 406. COSTS OF GENETIC
TESTING. (1) Subject to assessment of costs under sections 501 through 537 of
this act, the cost of initial genetic testing must be advanced:
(a) By a support enforcement agency in a proceeding in which the
support enforcement agency is providing services;
(b) By the individual who made the request;
(c) As agreed by the parties; or
(d) As ordered by the court.
(2) In cases in which the cost is advanced by the support
enforcement agency, the agency may seek reimbursement from a man who is
rebuttably identified as the father.
NEW SECTION. Sec. 407. ADDITIONAL GENETIC
TESTING. The court or the support enforcement agency shall order additional
genetic testing upon the request of a party who contests the result of the
original testing. If the previous genetic testing identified a man as the
father of the child under section 405 of this act, the court or agency may not
order additional testing unless the party provides advance payment for the
testing.
NEW SECTION. Sec. 408. GENETIC TESTING WHEN
SPECIMEN NOT AVAILABLE. (1) If a genetic testing specimen is not available
from a man who may be the father of a child, for good cause and under
circumstances the court considers to be just, a court may order the following
individuals to submit specimens for genetic testing:
(a) The parents of the man;
(b) Brothers and sisters of the man;
(c) Other children of the man and their mothers; and
(d) Other relatives of the man necessary to complete genetic
testing.
(2) If a specimen from the mother of a child is not available for
genetic testing, the court may order genetic testing to proceed without a
specimen from the mother.
(3) Issuance of an order under this section requires a finding that
a need for genetic testing outweighs the legitimate interests of the individual
sought to be tested.
NEW SECTION. Sec. 409. DECEASED INDIVIDUAL. For
good cause shown, the court may order genetic testing of a deceased individual.
NEW SECTION. Sec. 410. IDENTICAL BROTHERS. (1)
The court may order genetic testing of a brother of a man identified as the
father of a child if the man is commonly believed to have an identical brother
and evidence suggests that the brother may be the genetic father of the child.
(2) If genetic testing excludes none of the brothers as the genetic
father, and each brother satisfies the requirements as the identified father of
the child under section 405 of this act without consideration of another
identical brother being identified as the father of the child, the court may
rely on nongenetic evidence to adjudicate which brother is the father of the
child.
NEW SECTION. Sec. 411. CONFIDENTIALITY OF
GENETIC TESTING. (1) Release of the report of genetic testing for parentage is
controlled by chapter 70.02 RCW.
(2) An individual commits a gross misdemeanor punishable under RCW
9.92.020 if the individual intentionally releases an identifiable specimen of
another individual for any purpose other than that relevant to the proceeding
regarding parentage without a court order or the written permission of the
individual who furnished the specimen.
ARTICLE
5
PROCEEDING TO ADJUDICATE
PARENTAGE
PART
1
NATURE OF PROCEEDING
NEW SECTION. Sec. 501. PROCEEDING AUTHORIZED. A
civil proceeding may be maintained to adjudicate the parentage of a child. The
proceeding is governed by the rules of civil procedure.
NEW SECTION. Sec. 502. STANDING TO MAINTAIN
PROCEEDING. Subject to sections 301 through 316, 507, and 509 of this act, a
proceeding to adjudicate parentage may be maintained by:
(1) The child;
(2) The mother of the child;
(3) A man whose paternity of the child is to be adjudicated;
(4) The division of child support;
(5) An authorized adoption agency or licensed child-placing agency;
(6) A representative authorized by law to act for an individual who
would otherwise be entitled to maintain a proceeding but who is deceased,
incapacitated, or a minor; or
(7) An intended parent under a surrogate parentage contract, as
provided in RCW 26.26.210 through 26.26.260.
NEW SECTION. Sec. 503. PARTIES TO PROCEEDING.
The following individuals must be joined as parties in a proceeding to
adjudicate parentage:
(1) The mother of the child;
(2) A man whose paternity of the child is to be adjudicated; and
(3) An intended parent under a surrogate parentage contract, as
provided in RCW 26.26.210 through 26.26.260.
NEW SECTION. Sec. 504. PERSONAL JURISDICTION.
(1) An individual may not be adjudicated to be a parent unless the court has
personal jurisdiction over the individual.
(2) A court of this state having jurisdiction to adjudicate
parentage may exercise personal jurisdiction over a nonresident individual, or
the guardian or conservator of the individual, if the conditions prescribed in
RCW 26.21.075 are fulfilled.
(3) Lack of jurisdiction over one individual does not preclude the court
from making an adjudication of parentage binding on another individual over
whom the court has personal jurisdiction.
NEW SECTION. Sec. 505. VENUE. Venue for a
proceeding to adjudicate parentage is in the county of this state in which:
(1) The child resides or is found;
(2) The respondent resides or is found if the child does not reside
in this state; or
(3) A proceeding for probate of the presumed or alleged father's
estate has been commenced.
NEW SECTION. Sec. 506. NO LIMITATION: CHILD
HAVING NO PRESUMED, ACKNOWLEDGED, OR ADJUDICATED FATHER. A proceeding to
adjudicate the parentage of a child having no presumed, acknowledged, or
adjudicated father may be commenced at any time during the life of the child,
even after:
(1) The child becomes an adult; or
(2) An earlier proceeding to adjudicate paternity has been
dismissed based on the application of a statute of limitation then in effect.
NEW SECTION. Sec. 507. LIMITATION: CHILD HAVING
PRESUMED FATHER. (1) Except as otherwise provided in subsection (2) of this
section, a proceeding brought by a presumed father, the mother, or another
individual to adjudicate the parentage of a child having a presumed father must
be commenced not later than two years after the birth of the child.
(2) A proceeding seeking to disprove the father-child relationship
between a child and the child's presumed father may be maintained at any time
if the court determines that:
(a) The presumed father and the mother of the child neither
cohabited nor engaged in sexual intercourse with each other during the probable
time of conception; and
(b) The presumed father never openly treated the child as his own.
NEW SECTION. Sec. 508. AUTHORITY TO DENY GENETIC
TESTING. (1) In a proceeding to adjudicate parentage under circumstances
described in section 507 of this act, a court may deny genetic testing of the
mother, the child, and the presumed father if the court determines that:
(a) The conduct of the mother or the presumed father estops that
party from denying parentage; and
(b) It would be inequitable to disprove the father-child
relationship between the child and the presumed father.
(2) In determining whether to deny genetic testing under 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 father was placed on notice that he
might not be the genetic father;
(b) The length of time during which the presumed father has assumed
the role of father of the child;
(c) The facts surrounding the presumed father's discovery of his
possible nonpaternity;
(d) The nature of the father-child relationship;
(e) The age of the child;
(f) The harm to the child which may result if presumed paternity is
successfully disproved;
(g) The relationship of the child to any alleged father;
(h) The extent to which the passage of time reduces the chances of
establishing the paternity of another man 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 father-child relationship between the child and the presumed
father or the chance of other harm to the child.
(3) In a proceeding involving the application of this section, the
child must be represented by a guardian ad litem.
(4) A denial of genetic testing must be based on clear and convincing
evidence.
(5) If the court denies genetic testing, it shall issue an order
adjudicating the presumed father to be the father of the child.
NEW SECTION. Sec. 509. LIMITATION: CHILD HAVING
ACKNOWLEDGED OR ADJUDICATED FATHER. (1) If a child has an acknowledged father,
a signatory to the acknowledgment or denial of paternity must commence any
proceeding seeking to rescind or challenge the paternity of that child only
within the time allowed under section 307 or 308 of this act.
(2) If a child has an acknowledged father or an adjudicated father,
an individual, other than the child, who is neither a signatory to the
acknowledgment nor a party to the adjudication and who seeks an adjudication of
paternity of the child must commence a proceeding not later than two years
after the effective date of the acknowledgment or adjudication.
NEW SECTION. Sec. 510. JOINDER OF PROCEEDINGS.
(1) Except as provided in subsection (2) of this section, a proceeding to
adjudicate parentage may be joined with a proceeding for: Adoption or
termination of parental rights under chapter 26.33 RCW; determination of a
parenting plan, child support, annulment, dissolution of marriage, or legal
separation under chapter 26.09 or 26.19 RCW; or probate or administration of an
estate under chapter 11.48 or 11.54 RCW, or other appropriate proceeding.
(2) A respondent may not join the proceedings described in
subsection (1) of this section with a proceeding to adjudicate parentage
brought under chapter 26.21 RCW.
NEW SECTION. Sec. 511. PROCEEDING BEFORE BIRTH.
Although a proceeding to determine parentage may be commenced before the birth
of the child, the proceeding may not be concluded until after the birth of the
child. The following actions may be taken before the birth of the child:
(1) Service of process;
(2) Discovery;
(3) Except as prohibited by section 402 of this act, collection of
specimens for genetic testing; and
(4) Temporary orders authorized under section 524 of this act.
NEW SECTION. Sec. 512. CHILD AS PARTY‑-REPRESENTATION.
(1) A minor child is a permissible party, but is not a necessary party to a
proceeding under sections 501 through 537 of this act.
(2) If the child is a party, or if the court finds that the
interests of a minor child or incapacitated child are not adequately
represented, the court shall appoint a guardian ad litem to represent the
child, subject to RCW 74.20.310 neither the child's mother or father may
represent the child as guardian or otherwise.
PART
2
SPECIAL RULES FOR PROCEEDING TO ADJUDICATE
PARENTAGE
NEW SECTION. Sec. 521. ADMISSIBILITY OF RESULTS
OF GENETIC TESTING‑-EXPENSES. (1) Except as otherwise provided in
subsection (3) of this section, a record of a genetic testing expert is
admissible as evidence of the truth of the facts asserted in the report unless
a party objects to its admission within fourteen days after its receipt by the
objecting party and cites specific grounds for exclusion. The admissibility of
the report is not affected by whether the testing was performed:
(a) Voluntarily or under an order of the court or a support
enforcement agency; or
(b) Before or after the commencement of the proceeding.
(2) A party objecting to the results of genetic testing may call
one or more genetic testing experts to testify in person or by telephone,
videoconference, deposition, or another method approved by the court. Unless
otherwise ordered by the court, the party offering the testimony bears the
expense for the expert testifying.
(3) If a child has a presumed, acknowledged, or adjudicated father,
the results of genetic testing are inadmissible to adjudicate parentage unless
performed:
(a) With the consent of both the mother and the presumed,
acknowledged, or adjudicated father; or
(b) Under an order of the court under section 402 of this act.
(4) Copies of bills for genetic testing and for prenatal and
postnatal health care for the mother and child that are furnished to the
adverse party not less than ten days before the date of a hearing are admissible
to establish:
(a) The amount of the charges billed; and
(b) That the charges were reasonable, necessary, and customary.
NEW SECTION. Sec. 522. CONSEQUENCES OF DECLINING
GENETIC TESTING. (1) An order for genetic testing is enforceable by contempt.
(2) If an individual whose paternity is being determined declines
to submit to genetic testing as ordered by the court, the court may on that
basis adjudicate parentage contrary to the position of that individual.
(3) Genetic testing of the mother of a child is not a condition
precedent to testing the child and a man whose paternity is being determined.
If the mother is unavailable or declines to submit to genetic testing, the
court may order the testing of the child and every man whose paternity is being
adjudicated.
NEW SECTION. Sec. 523. ADMISSION OF PATERNITY
AUTHORIZED. (1) A respondent in a proceeding to adjudicate parentage may admit
to the paternity of a child by filing a pleading to that effect or by admitting
paternity under penalty of perjury when making an appearance or during a
hearing.
(2) If the court finds that the admission of paternity was made
under this section and finds that there is no reason to question the admission,
the court shall issue an order adjudicating the child to be the child of the
man admitting paternity.
NEW SECTION. Sec. 524. TEMPORARY ORDER. This
section applies to any proceeding under sections 501 through 537 of this act.
(1) The court shall issue a temporary order for support of a child
if the individual ordered to pay support:
(a) Is a presumed father of the child;
(b) Is petitioning to have his paternity adjudicated or has
admitted paternity in pleadings filed with the court;
(c) Is identified as the father through genetic testing under
section 405 of this act;
(d) Has declined to submit to genetic testing but is shown by clear
and convincing evidence to be the father of the child; or
(e) Is the mother of the child.
(2) A temporary order may, on the same basis as provided in chapter
26.09 RCW, make residential provisions with regard to minor children of the
parties, except that a parenting plan is not required unless requested by a
parent.
(3) Any party may request the court to issue a temporary
restraining order or preliminary injunction, providing relief proper in the
circumstances, and restraining or enjoining any party from:
(a) Molesting or disturbing the peace of another party;
(b) Going onto the grounds of or entering the home, workplace, or
school of another party or the day care or school of any child;
(c) Knowingly coming within, or knowingly remaining within, a
specified distance from a specified location; and
(d) Removing a child from the jurisdiction of the court.
(4) Either party may request a domestic violence protection order
under chapter 26.50 RCW or an antiharassment protection order under chapter
10.14 RCW on a temporary basis. The court may grant any of the relief provided
in RCW 26.50.060 except relief pertaining to residential provisions for the
children which provisions shall be provided for under this chapter, and any of
the relief provided in RCW 10.14.080. Ex parte orders issued under this
subsection shall be effective for a fixed period not to exceed fourteen days,
or upon court order, not to exceed twenty-four days if necessary to ensure that
all temporary motions in the case can be heard at the same time.
(5) Restraining orders issued under this section restraining or
enjoining the person from molesting or disturbing another party, or from going
onto the grounds of or entering the home, workplace, or school of the other
party or the day care or school of any child, or prohibiting the person from
knowingly coming within, or knowingly remaining within, a specified distance of
a location, shall prominently bear on the front page of the order the legend:
VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE
UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(6) The court shall order that any temporary restraining order
bearing a criminal offense legend, any domestic violence protection order, or
any antiharassment protection order granted under this section be forwarded by
the clerk of the court on or before the next judicial day to the appropriate
law enforcement agency specified in the order. Upon receipt of the order, the
law enforcement agency shall enter the order into any computer-based criminal
intelligence information system available in this state used by law enforcement
agencies to list outstanding warrants. The order is fully enforceable in any
county in the state.
(7) If a restraining order issued pursuant to this section is
modified or terminated, the clerk of the court shall notify the law enforcement
agency specified in the order on or before the next judicial day. Upon receipt
of notice that an order has been terminated, the law enforcement agency shall
remove the order from any computer-based criminal intelligence system.
(8) The court may issue a temporary restraining order without
requiring notice to the other party only if it finds on the basis of the moving
affidavit or other evidence that irreparable injury could result if an order is
not issued until the time for responding has elapsed.
(9) The court may issue a temporary restraining order or
preliminary injunction and an order for temporary support in such amounts and
on such terms as are just and proper in the circumstances. In issuing the
order, the court shall consider the provisions of RCW 9.41.800.
(10) A temporary order, temporary restraining order, or preliminary
injunction:
(a) Does not prejudice the rights of a party or any child which are
to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when the petition
is dismissed; and
(d) May be entered in a proceeding for the modification of an
existing order.
(11) A support debt owed to the state for public assistance
expenditures which has been charged against a party pursuant to RCW 74.20A.040
and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the
final decree or order, unless the office of support enforcement has been given
notice of the final proceeding and an opportunity to present its claim for the
support debt to the court and has failed to file an affidavit as provided in
this subsection. Notice of the proceeding shall be served upon the office of
support enforcement personally, or by certified mail, and shall be given no
fewer than thirty days prior to the date of the final proceeding. An original
copy of the notice shall be filed with the court either before service or
within a reasonable time thereafter. The office of support enforcement may
present its claim, and thereby preserve the support debt, by filing an
affidavit setting forth the amount of the debt with the court, and by mailing a
copy of the affidavit to the parties or their attorney prior to the date of the
final proceeding.
PART
3
HEARINGS AND ADJUDICATION
NEW SECTION. Sec. 531. RULES FOR ADJUDICATION OF
PATERNITY. The court shall apply the following rules to adjudicate the
paternity of a child:
(1) The paternity of a child having a presumed, acknowledged, or
adjudicated father may be disproved only by admissible results of genetic
testing excluding that man as the father of the child or identifying another
man to be 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 section 405 of this act must be adjudicated the father of the child.
(3) If the court finds that genetic testing under section 405 of
this act 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, along with 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.
NEW SECTION. Sec. 532. JURY PROHIBITED. The
court, without a jury, shall adjudicate parentage of a child.
NEW SECTION. Sec. 533. HEARINGS‑-INSPECTION
OF RECORDS. (1) On request of a party and for good cause shown, the court may
close a proceeding under this section and sections 501 through 532 and 534
through 537 of this act.
(2) A final order in a proceeding under this section and sections
501 through 532 and 534 through 537 of this act is available for public
inspection. Other papers and records are available only with the consent of
the parties or on order of the court for good cause.
NEW SECTION. Sec. 534. ORDER ON DEFAULT. The
court shall issue an order adjudicating the paternity of a man who:
(1) After service of process, is in default; and
(2) Is found by the court to be the father of a child.
NEW SECTION. Sec. 535. DISMISSAL FOR WANT OF
PROSECUTION. The court may issue an order dismissing a proceeding commenced
under this chapter for want of prosecution only without prejudice. An order of
dismissal for want of prosecution with prejudice is void and may be challenged
in another judicial or an administrative proceeding.
NEW SECTION. Sec. 536. ORDER ADJUDICATING
PARENTAGE. (1) The court shall issue an order adjudicating whether a man
alleged or claiming to be the father is the parent of the child.
(2) An order adjudicating parentage must identify the child by name
and age.
(3) Except as otherwise provided in subsection (4) of this section,
the court may assess filing fees, reasonable attorneys' fees, fees for genetic
testing, other costs, and necessary travel and other reasonable expenses
incurred in a proceeding under this section and sections 501 through 535 and
537 of this act. The court may award attorneys' fees, which may be paid
directly to the attorney, who may enforce the order in the attorney's own name.
(4) The court may not assess fees, costs, or expenses against the
support enforcement agency of this state or another state, except as provided
by other law.
(5) On request of a party and for good cause shown, the court may
order that the name of the child be changed.
(6) If the order of the court is at variance with the child's birth
certificate, the court shall order the state registrar of vital statistics to
issue an amended birth certificate.
NEW SECTION. Sec. 537. BINDING EFFECT OF
DETERMINATION OF PARENTAGE. (1) Except as otherwise provided in subsection (2)
of this section, a determination of parentage is binding on:
(a) All signatories to an acknowledgment or denial of paternity as
provided in sections 301 through 316 of this act; and
(b) All parties to an adjudication by a court acting under
circumstances that satisfy the jurisdictional requirements of RCW 26.21.075.
(2) A child is not bound by a determination of parentage under this
chapter unless:
(a) The acknowledgment of paternity is consistent with the results
of the genetic testing;
(b) The adjudication of parentage was based on a finding consistent
with the results of genetic testing and the consistency is declared in the
determination or is otherwise shown; or
(c) The child was represented in the proceeding determining
parentage by a guardian ad litem.
(3) In a proceeding to dissolve a marriage, the court is deemed to
have made an adjudication of the parentage of a child if the court acts under
circumstances that satisfy the jurisdictional requirements of RCW 26.21.075,
and the final order:
(a) Expressly identifies a child as a "child of the
marriage," "issue of the marriage," or similar words indicating
that the husband is the father of the child; or
(b) Provides for support of the child by the husband unless
paternity is specifically disclaimed in the order.
(4) Except as otherwise provided in subsection (2) of this section,
a determination of parentage may be a defense in a subsequent proceeding
seeking to adjudicate parentage by an individual who was not a party to the
earlier proceeding.
(5) A party to an adjudication of paternity may challenge the
adjudication only under law of this state relating to appeal, vacation of
judgments, and other judicial review.
ARTICLE
6
CHILD OF ASSISTED REPRODUCTION
NEW SECTION. Sec. 601. SCOPE OF ARTICLE.
Sections 602 through 609 of this act do not apply to the birth of a child
conceived by means of sexual intercourse.
NEW SECTION. Sec. 602. PARENTAL STATUS OF
DONOR. A donor is not a parent of a child conceived by means of assisted
reproduction.
NEW SECTION. Sec. 603. HUSBAND'S PATERNITY OF
CHILD OF ASSISTED REPRODUCTION. If a husband provides sperm for, or consents
to, assisted reproduction by his wife as provided in section 604 of this act,
he is the father of a resulting child born to his wife.
NEW SECTION. Sec. 604. CONSENT TO ASSISTED
REPRODUCTION. (1) A consent to assisted reproduction by a married woman must
be in a record signed by the woman and her husband. This requirement does not
apply to the donation of eggs for assisted reproduction by another woman.
(2) Failure of the husband to sign a consent required by subsection
(1) of this section, before or after birth of the child, does not preclude a
finding that the husband is the father of a child born to his wife if the wife
and husband openly treated the child as their own.
NEW SECTION. Sec. 605. LIMITATION ON HUSBAND'S
DISPUTE OF PATERNITY. (1) Except as otherwise provided in subsection (2) of
this section, the husband of a wife who gives birth to a child by means of
assisted reproduction may not challenge his paternity of the child unless:
(a) Within two years after learning of the birth of the child he
commences a proceeding to adjudicate his paternity; and
(b) The court finds that he did not consent to the assisted
reproduction, before or after birth of the child.
(2) A proceeding to adjudicate paternity may be maintained at any
time if the court determines that:
(a) The husband did not provide sperm for, or before or after the
birth of the child consent to, assisted reproduction by his wife;
(b) The husband and the mother of the child have not cohabited
since the probable time of assisted reproduction; and
(c) The husband never openly treated the child as his own.
(3) The limitation provided in this section applies to a marriage
declared invalid after assisted reproduction.
NEW SECTION. Sec. 606. EFFECT OF DISSOLUTION OF
MARRIAGE. (1) If a marriage is dissolved before placement of eggs, sperm, or
an embryo, the former spouse is not a parent of the resulting child unless the
former spouse consented in a record that if assisted reproduction were to occur
after a divorce, the former spouse would be a parent of the child.
(2) The consent of the former spouse to assisted reproduction may
be revoked by that individual in a record at any time before placement of eggs,
sperm, or embryos.
NEW SECTION. Sec. 607. PARENTAL STATUS OF
DECEASED SPOUSE. If a spouse dies before placement of eggs, sperm, or an
embryo, the deceased spouse is not a parent of the resulting child unless the
deceased spouse consented in a record that if assisted reproduction were to
occur after death, the deceased spouse would be a parent of the child.
NEW SECTION. Sec. 608. EFFECT OF AGREEMENT
BETWEEN OVUM DONOR AND WOMAN WHO GIVES BIRTH. The donor of ovum provided to a
licensed physician for use in the alternative reproductive medical technology
process of attempting to achieve a pregnancy in a woman other than the donor is
treated in law as if she were not the natural mother of a child thereafter
conceived and born unless the donor and the woman who gives birth to a child as
a result of the alternative reproductive medical technology procedures agree in
writing that the donor is to be a parent. Section 602 of this act does not
apply in such case. A woman who gives birth to a child conceived through
alternative reproductive medical technology procedures under the supervision
and with the assistance of a licensed physician is treated in law as if she
were the natural mother of the child unless an agreement in writing signed by
an ovum donor and the woman giving birth to the child states otherwise. An
agreement pursuant to this section must be in writing and signed by the ovum
donor and the woman who gives birth to the child and any other intended parent
of the child. The physician shall certify the parties' signatures and the date
of the ovum harvest, identify the subsequent medical procedures undertaken, and
identify the intended parents. The agreement, including the affidavit and
certification referenced in RCW 26.26.030, must be filed with the registrar of
vital statistics, where it must be kept confidential and in a sealed file.
NEW SECTION. Sec. 609. ISSUANCE OF BIRTH
CERTIFICATE. The department of health shall, upon request, issue a birth
certificate for any child born as a result of an alternative reproductive
medical technology procedure indicating the legal parentage of such child as
intended by any agreement filed with the registrar of vital statistics pursuant
to section 608 of this act.
ARTICLE
7
MISCELLANEOUS PROVISIONS
Sec. 701. RCW 5.44.140 and 1990 c
175 s 1 are each amended to read as follows:
In any proceeding regarding the determination of a family
relationship, including but not limited to the parent and child relationship
and the marriage relationship, a determination of family relationships
regarding any person or persons who immigrated to the United States from a
foreign country which was made or accepted by the United States immigration and
naturalization service at the time of that person or persons' entry into the
United States creates a rebuttable presumption that the determination is valid
and that the family relationship under foreign law is as made or accepted at
the time of entry. Except as provided in ((RCW 26.26.040 (1)(f) and (2)))
section 204(2) of this act, the presumption may be overcome by a
preponderance of evidence showing that a living person other than the person
named by the United States immigration and naturalization service is in the
relationship in question.
Sec. 702. RCW 5.62.030 and 1986 c
212 s 2 are each amended to read as follows:
Notwithstanding anything to the contrary in this chapter, the
privilege created in this chapter is subject to the same limitations and
exemptions contained in RCW ((26.26.120,)) 26.44.060(3)((,)) and
51.04.050 as those limitations and exemptions relate to the physician/patient
privilege of RCW 5.60.060.
Sec. 703. RCW 9.41.070 and 1999 c
222 s 2 are each amended to read as follows:
(1) The chief of police of a municipality or the sheriff of a
county shall within thirty days after the filing of an application of any
person, issue a license to such person to carry a pistol concealed on his or
her person within this state for five years from date of issue, for the
purposes of protection or while engaged in business, sport, or while
traveling. However, if the applicant does not have a valid permanent
Washington driver's license or Washington state identification card or has not
been a resident of the state for the previous consecutive ninety days, the
issuing authority shall have up to sixty days after the filing of the
application to issue a license. The issuing authority shall not refuse to
accept completed applications for concealed pistol licenses during regular
business hours.
The applicant's constitutional right to bear arms shall not be
denied, unless:
(a) He or she is ineligible to possess a firearm under the
provisions of RCW 9.41.040 or 9.41.045;
(b) The applicant's concealed pistol license is in a revoked
status;
(c) He or she is under twenty‑one years of age;
(d) He or she is subject to a court order or injunction regarding
firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050,
26.09.060, 26.10.040, 26.10.115, 26.26.130, ((26.26.137,)) 26.50.060, ((or))
26.50.070, or section 524 of this act;
(e) He or she is free on bond or personal recognizance pending
trial, appeal, or sentencing for a felony offense;
(f) He or she has an outstanding warrant for his or her arrest from
any court of competent jurisdiction for a felony or misdemeanor; or
(g) He or she has been ordered to forfeit a firearm under RCW
9.41.098(1)(e) within one year before filing an application to carry a pistol
concealed on his or her person.
No person convicted of a felony may have his or her right to
possess firearms restored or his or her privilege to carry a concealed pistol
restored, unless the person has been granted relief from disabilities by the
secretary of the treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or
(4) applies.
(2) The issuing authority shall check with the national crime
information center, the Washington state patrol electronic data base, the
department of social and health services electronic data base, and with other
agencies or resources as appropriate, to determine whether the applicant is ineligible
under RCW 9.41.040 or 9.41.045 to possess a firearm and therefore ineligible
for a concealed pistol license. This subsection applies whether the applicant
is applying for a new concealed pistol license or to renew a concealed pistol
license.
(3) Any person whose firearms rights have been restricted and who
has been granted relief from disabilities by the secretary of the treasury
under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A)
shall have his or her right to acquire, receive, transfer, ship, transport,
carry, and possess firearms in accordance with Washington state law restored
except as otherwise prohibited by this chapter.
(4) The license application shall bear the full name, residential
address, telephone number at the option of the applicant, date and place of
birth, race, gender, description, not more than two complete sets of
fingerprints, and signature of the licensee, and the licensee's driver's
license number or state identification card number if used for identification
in applying for the license. A signed application for a concealed pistol
license shall constitute a waiver of confidentiality and written request that
the department of social and health services, mental health institutions, and
other health care facilities release information relevant to the applicant's
eligibility for a concealed pistol license to an inquiring court or law
enforcement agency.
The application for an original license shall include two complete
sets of fingerprints to be forwarded to the Washington state patrol.
The license and application shall contain a warning substantially
as follows:
CAUTION:
Although state and local laws do not differ, federal law and state law on the
possession of firearms differ. If you are prohibited by federal law from
possessing a firearm, you may be prosecuted in federal court. A state license
is not a defense to a federal prosecution.
The license shall
contain a description of the major differences between state and federal law
and an explanation of the fact that local laws and ordinances on firearms are
preempted by state law and must be consistent with state law. The application
shall contain questions about the applicant's eligibility under RCW 9.41.040 to
possess a pistol, the applicant's place of birth, and whether the applicant is
a United States citizen. The applicant shall not be required to produce a
birth certificate or other evidence of citizenship. A person who is not a
citizen of the United States shall meet the additional requirements of RCW
9.41.170 and produce proof of compliance with RCW 9.41.170 upon application.
The license shall be in triplicate and in a form to be prescribed by the
department of licensing.
The original thereof
shall be delivered to the licensee, the duplicate shall within seven days be
sent to the director of licensing and the triplicate shall be preserved for six
years, by the authority issuing the license.
The department of
licensing shall make available to law enforcement and corrections agencies, in
an on-line format, all information received under this subsection.
(5) The nonrefundable
fee, paid upon application, for the original five-year license shall be
thirty-six dollars plus additional charges imposed by the Federal Bureau of
Investigation that are passed on to the applicant. No other state or local
branch or unit of government may impose any additional charges on the applicant
for the issuance of the license.
The fee shall be
distributed as follows:
(a) Fifteen dollars
shall be paid to the state general fund;
(b) Four dollars shall
be paid to the agency taking the fingerprints of the person licensed;
(c) Fourteen dollars
shall be paid to the issuing authority for the purpose of enforcing this
chapter; and
(d) Three dollars to
the firearms range account in the general fund.
(6) The nonrefundable
fee for the renewal of such license shall be thirty-two dollars. No other
branch or unit of government may impose any additional charges on the applicant
for the renewal of the license.
The renewal fee shall
be distributed as follows:
(a) Fifteen dollars
shall be paid to the state general fund;
(b) Fourteen dollars
shall be paid to the issuing authority for the purpose of enforcing this
chapter; and
(c) Three dollars to
the firearms range account in the general fund.
(7) The nonrefundable
fee for replacement of lost or damaged licenses is ten dollars to be paid to
the issuing authority.
(8) Payment shall be by
cash, check, or money order at the option of the applicant. Additional methods
of payment may be allowed at the option of the issuing authority.
(9) A licensee may
renew a license if the licensee applies for renewal within ninety days before
or after the expiration date of the license. A license so renewed shall take
effect on the expiration date of the prior license. A licensee renewing after
the expiration date of the license must pay a late renewal penalty of ten
dollars in addition to the renewal fee specified in subsection (6) of this
section. The fee shall be distributed as follows:
(a) Three dollars shall
be deposited in the state wildlife fund and used exclusively first for the
printing and distribution of a pamphlet on the legal limits of the use of
firearms, firearms safety, and the preemptive nature of state law, and
subsequently the support of volunteer instructors in the basic firearms safety
training program conducted by the department of fish and wildlife. The
pamphlet shall be given to each applicant for a license; and
(b) Seven dollars shall
be paid to the issuing authority for the purpose of enforcing this chapter.
(10) Notwithstanding
the requirements of subsections (1) through (9) of this section, the chief of
police of the municipality or the sheriff of the county of the applicant's
residence may issue a temporary emergency license for good cause pending review
under subsection (1) of this section. However, a temporary emergency license
issued under this subsection shall not exempt the holder of the license from
any records check requirement. Temporary emergency licenses shall be easily
distinguishable from regular licenses.
(11) A political
subdivision of the state shall not modify the requirements of this section or
chapter, nor may a political subdivision ask the applicant to voluntarily
submit any information not required by this section.
(12) A person who
knowingly makes a false statement regarding citizenship or identity on an
application for a concealed pistol license is guilty of false swearing under
RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed
pistol license of a person who knowingly makes a false statement shall be
revoked, and the person shall be permanently ineligible for a concealed pistol
license.
(13) A person may apply
for a concealed pistol license:
(a) To the municipality
or to the county in which the applicant resides if the applicant resides in a
municipality;
(b) To the county in
which the applicant resides if the applicant resides in an unincorporated area;
or
(c) Anywhere in the
state if the applicant is a nonresident.
Sec. 704. RCW 9.41.800 and 1996 c
295 s 14 are each amended to read as follows:
(1) Any court when entering an order authorized under RCW
9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040,
26.10.115, 26.26.130, ((26.26.137,)) 26.50.060, ((or)) 26.50.070,
or section 524 of this act shall, upon a showing by clear and convincing
evidence, that a party has: Used, displayed, or threatened to use a firearm or
other dangerous weapon in a felony, or previously committed any offense that
makes him or her ineligible to possess a firearm under the provisions of RCW
9.41.040:
(a) Require the party to surrender any firearm or other dangerous
weapon;
(b) Require the party to surrender any concealed pistol license issued
under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or
other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed
pistol license.
(2) Any court when entering an order authorized under RCW 9A.46.080,
10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115,
26.26.130, ((26.26.137,)) 26.50.060, ((or)) 26.50.070, or
section 524 of this act may, upon a showing by a preponderance of the
evidence but not by clear and convincing evidence, that a party has: Used,
displayed, or threatened to use a firearm or other dangerous weapon in a
felony, or previously committed any offense that makes him or her ineligible to
possess a pistol under the provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other dangerous
weapon;
(b) Require the party to surrender a concealed pistol license
issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or
other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed
pistol license.
(3) The court may order temporary surrender of a firearm or other
dangerous weapon without notice to the other party if it finds, on the basis of
the moving affidavit or other evidence, that irreparable injury could result if
an order is not issued until the time for response has elapsed.
(4) In addition to the provisions of subsections (1), (2), and (3)
of this section, the court may enter an order requiring a party to comply with
the provisions in subsection (1) of this section if it finds that the
possession of a firearm or other dangerous weapon by any party presents a
serious and imminent threat to public health or safety, or to the health or
safety of any individual.
(5) The requirements of subsections (1), (2), and (4) of this
section may be for a period of time less than the duration of the order.
(6) The court may require the party to surrender any firearm or
other dangerous weapon in his or her immediate possession or control or subject
to his or her immediate possession or control to the sheriff of the county
having jurisdiction of the proceeding, the chief of police of the municipality
having jurisdiction, or to the restrained or enjoined party's counsel or to any
person designated by the court.
Sec. 705. RCW 74.20.310 and 1991 c
367 s 45 are each amended to read as follows:
(1) The provisions of ((RCW 26.26.090)) section 512 of
this act requiring appointment of a ((general guardian or)) guardian
ad litem to represent the child in an action brought to determine the parent
and child relationship do not apply to actions brought under chapter 26.26 RCW
if:
(a) The action is brought by the attorney general on behalf of the
department of social and health services and the child; or
(b) The action is brought by any prosecuting attorney on behalf of
the state and the child when referral has been made to the prosecuting attorney
by the department of social and health services requesting such action.
(2) On the issue of parentage, the attorney general or prosecuting
attorney functions as the child's guardian ad litem provided the interests of
the state and the child are not in conflict.
(3) The court, on its own motion or on motion of a party, may
appoint a guardian ad litem when necessary.
(4) The summons shall contain a notice to the parents that pursuant
to section 512 of this act the parents have a right to move the court for a
guardian ad litem for the child other than the prosecuting attorney or the
attorney general subject to subsection (2) of this section.
Sec. 706. RCW 74.20.360 and 1997 c
58 s 901 are each amended to read as follows:
(1) The division of child support may issue an order for genetic
testing when providing services under this chapter and Title IV-D of the
federal social security act if genetic testing:
(a) Is appropriate in an action under chapter 26.26 RCW, the
uniform parentage act;
(b) Is appropriate in an action to establish support under RCW
74.20A.056; or
(c) Would assist the parties or the division of child support in
determining whether it is appropriate to proceed with an action to establish or
disestablish paternity.
(2) The order for genetic testing shall be served on the alleged
parent or parents and the legal parent by personal service or by any form of
mail requiring a return receipt.
(3) Within twenty days of the date of service of an order for
genetic testing, any party required to appear for genetic testing, the child, or
a guardian on the child's behalf, may petition in superior court under chapter
26.26 RCW to bar or postpone genetic testing.
(4) The order for genetic testing shall contain:
(a) An explanation of the right to proceed in superior court under
subsection (3) of this section;
(b) Notice that if no one proceeds under subsection (3) of this
section, the agency issuing the order will schedule genetic testing and will
notify the parties of the time and place of testing by regular mail;
(c) Notice that the parties must keep the agency issuing the order
for genetic testing informed of their residence address and that mailing a
notice of time and place for genetic testing to the last known address of the
parties by regular mail constitutes valid service of the notice of time and
place;
(d) Notice that the order for genetic testing may be enforced
through:
(i) Public assistance grant reduction for noncooperation, pursuant
to agency rule, if the child and custodian are receiving public assistance;
(ii) Termination of support enforcement services under Title IV-D
of the federal social security act if the child and custodian are not receiving
public assistance;
(iii) A referral to superior court for an appropriate action under
chapter 26.26 RCW; or
(iv) A referral to superior court for remedial sanctions under RCW
7.21.060.
(5) The department may advance the costs of genetic testing under
this section.
(6) If an action is pending under chapter 26.26 RCW, a judgment for
reimbursement of the cost of genetic testing may be awarded under ((RCW
26.26.100)) section 521 of this act.
(7) If no action is pending in superior court, the department may
impose an obligation to reimburse costs of genetic testing according to rules
adopted by the department to implement RCW 74.20A.056.
Sec. 707. RCW 74.20A.056 and 1997
c 58 s 941 are each amended to read as follows:
(1) If an alleged father has signed an affidavit acknowledging
paternity which has been filed with the state registrar of vital statistics
before July 1, 1997, the division of child support may serve a notice and
finding of parental responsibility on him. ((Procedures for and
responsibility resulting from acknowledgments filed after July 1, 1997, are in
subsections (8) and (9) of this section.)) Service of the notice shall be
in the same manner as a summons in a civil action or by certified mail, return
receipt requested. The notice shall have attached to it a copy of the
affidavit or certification of birth record information advising of the
existence of a filed affidavit, provided by the state registrar of vital
statistics, and shall state that:
(a) The alleged father may file an application for an adjudicative
proceeding at which he will be required to appear and show cause why the amount
stated in the finding of financial responsibility as to support is incorrect
and should not be ordered;
(b) An alleged father may request that a blood or genetic test be
administered to determine whether such test would exclude him from being a
natural parent and, if not excluded, may subsequently request that the division
of child support initiate an action in superior court to determine the
existence of the parent-child relationship; and
(c) If the alleged father does not request that a blood or genetic
test be administered or file an application for an adjudicative proceeding, the
amount of support stated in the notice and finding of parental responsibility
shall become final, subject only to a subsequent determination under ((RCW
26.26.060)) sections 501 through 537 of this act that the
parent-child relationship does not exist.
(2) An alleged father who objects to the amount of support
requested in the notice or who requests genetic tests may file an
application for an adjudicative proceeding up to twenty days after the date the
notice was served. An application for an adjudicative proceeding may be filed
within one year of service of the notice and finding of parental responsibility
without the necessity for a showing of good cause or upon a showing of good
cause thereafter. An adjudicative proceeding under this section shall be
pursuant to RCW 74.20A.055. The only issues shall be the amount of the accrued
debt, the amount of the current and future support obligation, and the
reimbursement of the costs of blood or genetic tests if advanced by the
department.
(3) If the application for an adjudicative proceeding is filed
within twenty days of service of the notice, collection action shall be stayed
pending a final decision by the department. If no application is filed within
twenty days:
(a) The amounts in the notice shall become final and the debt
created therein shall be subject to collection action; and
(b) Any amounts so collected shall neither be refunded nor returned
if the alleged father is later found not to be a responsible parent.
(4) An alleged father who denies being a responsible parent may
request that a blood or genetic test be administered at any time. The request
for testing shall be in writing and served on the division of child support
personally or by registered or certified mail. If a request for testing is
made, the department shall arrange for the test and, pursuant to rules adopted
by the department, may advance the cost of such testing. The department shall
mail a copy of the test results by certified mail, return receipt requested, to
the alleged father's last known address.
(5) If the test excludes the alleged father from being a natural
parent, the division of child support shall file a copy of the results with the
state registrar of vital statistics and shall dismiss any pending
administrative collection proceedings based upon the affidavit in issue. The
state registrar of vital statistics shall remove the alleged father's name from
the birth certificate and change the child's surname to be the same as the
mother's maiden name as stated on the birth certificate, or any other name
which the mother may select.
(6) The alleged father may, within twenty days after the date of
receipt of the test results, request the division of child support to initiate
an action under ((RCW 26.26.060)) sections 501 through 537 of this
act to determine the existence of the parent-child relationship. If the
division of child support initiates a superior court action at the request of
the alleged father and the decision of the court is that the alleged father is
a natural parent, the alleged father shall be liable for court costs incurred.
(7) If the alleged father does not request the division of child
support to initiate a superior court action, or if the alleged father fails to
appear and cooperate with blood or genetic testing, the notice of parental
responsibility shall become final for all intents and purposes and may be
overturned only by a subsequent superior court order entered under ((RCW
26.26.060)) sections 501 through 537 of this act.
(8)(a) Subsections (1) through (7) of this section do not apply
to acknowledgments of paternity filed with the state registrar of vital
statistics after July 1, 1997.
(b) If an ((alleged)) acknowledged father has
signed an ((affidavit acknowledging)) acknowledgment of paternity
that has been filed with the state registrar of vital statistics after July 1,
1997((, within sixty days from the date of filing of the acknowledgment)):
(i) The division of child support may serve a notice and finding of
((parental responsibility on him as set forth under this section)) financial
responsibility under RCW 74.20A.055 based on the acknowledgment. The division
of child support shall attach a copy of the acknowledgment or certification of
the birth record information advising of the existence of a filed
acknowledgment of paternity to the notice; ((and))
(ii) The notice shall include a statement that the ((alleged))
acknowledged father or any other signatory may ((rescind his
acknowledgment of paternity. The rescission shall be notarized and delivered
to the state registrar of vital statistics personally or by registered or certified
mail. The state registrar shall remove the father's name from the birth
certificate and change the child's surname to be the same as the mother's
maiden name as stated on the birth certificate or any other name that the
mother may select. The state registrar shall file rescission notices in a
sealed file. All future paternity actions on behalf of the child in question
shall be performed under court order)) commence a proceeding in court to
rescind or challenge the acknowledgment or denial of paternity under sections
307 and 308 of this act; and
(iii) The party commencing the action to rescind or challenge
the acknowledgment or denial must serve notice on the division of child support
and the office of the prosecuting attorney in the county in which the
proceeding is commenced. Commencement of a proceeding to rescind or challenge
the acknowledgment or denial stays the establishment of the notice and finding
of financial responsibility, if the notice has not yet become a final order.
(((b))) (c) If the ((alleged)) acknowledged
father or other party to the notice does not file an application for an
adjudicative proceeding or ((rescind his)) the signatories to the
acknowledgment or denial do not commence a proceeding to rescind or challenge
the acknowledgment of paternity, the amount of support stated in the notice
and finding of ((parental)) financial responsibility becomes
final, subject only to a subsequent determination under ((RCW 26.26.060))
sections 501 through 537 of this act that the parent-child relationship
does not exist. The division of child support does not refund nor return
any amounts collected under a notice that becomes final under this section or
RCW 74.20A.055, even if a court later determines that the acknowledgment is
void.
(((c))) (d) An ((alleged)) acknowledged
father or other party to the notice who objects to the amount of support
requested in the notice may file an application for an adjudicative proceeding
up to twenty days after the date the notice was served. An application for an
adjudicative proceeding may be filed within one year of service of the notice
and finding of parental responsibility without the necessity for a showing of
good cause or upon a showing of good cause thereafter. An adjudicative
proceeding under this section shall be pursuant to RCW 74.20A.055. The only
issues shall be the amount of the accrued debt and the amount of the current
and future support obligation.
(i) If the application for an adjudicative proceeding is filed
within twenty days of service of the notice, collection action shall be stayed
pending a final decision by the department.
(ii) If the application for an adjudicative proceeding is not filed
within twenty days of the service of the notice, any amounts collected under
the notice shall be neither refunded nor returned if the alleged father is
later found not to be a responsible parent.
(((d) If an alleged father makes a request for genetic testing,
the department shall proceed as set forth under RCW 74.20.360.))
(e) If the ((alleged)) acknowledged father or
other party to the notice does not request ((an)) a timely
adjudicative proceeding, or if ((the alleged father fails to rescind his
filed acknowledgment of paternity)) no timely action is brought to
rescind or challenge the acknowledgment or denial after service of the notice,
the notice of ((parental)) financial responsibility becomes final
for all intents and purposes and may be overturned only by a subsequent
superior court order entered under ((RCW 26.26.060)) sections 501
through 537 of this act.
(9) ((Affidavits acknowledging)) Acknowledgments of
paternity that are filed after July 1, 1997, are subject to requirements of
chapters 26.26, the uniform parentage act, and 70.58 RCW.
(10) The department and the department of health may adopt rules to
implement the requirements under this section.
Sec. 708. RCW 70.58.080 and 1997 c
58 s 937 are each amended to read as follows:
(1) Within ten days after the birth of any child, the attending
physician, midwife, or his or her agent shall:
(a) Fill out a certificate of birth, giving all of the particulars
required, including: (i) The mother's name and date of birth, and (ii) if the
mother and father are married at the time of birth or ((the father has
signed)) an acknowledgment of paternity has been signed or one has been
filed with the state registrar of vital statistics naming the man as the father,
the father's name and date of birth; and
(b) File the certificate of birth together with the mother's and
father's social security numbers with the state registrar of vital statistics.
(2) The local registrar shall forward the birth certificate, any
signed ((affidavit acknowledging)) acknowledgment of paternity that
has not been filed with the state registrar of vital statistics, and the
mother's and father's social security numbers to the state office of vital
statistics pursuant to RCW 70.58.030.
(3) The state registrar of vital statistics shall make available to
the division of child support the birth certificates, the mother's and father's
social security numbers and acknowledgments of paternity ((affidavits)).
(4) Upon the birth of a child to an unmarried woman, the attending
physician, midwife, or his or her agent shall:
(a) Provide an opportunity for the child's mother and natural
father to complete an ((affidavit acknowledging)) acknowledgment of
paternity. The completed ((affidavit)) acknowledgment shall be
filed with the state registrar of vital statistics. The ((affidavit)) acknowledgment
shall ((contain or have attached:
(i) A sworn statement by the mother consenting to the assertion of
paternity and stating that this is the only possible father;
(ii) A statement by the father that he is the natural father of the
child;
(iii) A sworn statement signed by the mother and the putative
father that each has been given notice, both orally and in writing, of the
alternatives to, the legal consequences of, and the rights, including, if one parent
is a minor, any rights afforded due to minority status, and responsibilities
that arise from, signing the affidavit acknowledging paternity;
(iv) Written information, furnished by the department of social and
health services, explaining the implications of signing, including parental
rights and responsibilities; and
(v) The social security numbers of both parents)) be prepared as required by section 302 of
this act.
(b) Provide written information and oral information, furnished by
the department of social and health services, to the mother and the father
regarding the benefits of having the child's paternity established and of the
availability of paternity establishment services, including a request for
support enforcement services. The oral and written information shall also
include information regarding the alternatives to, the legal consequences of,
and the rights, including, if one parent is a minor any rights afforded due to
minority status, and responsibilities that arise from, signing the ((affidavit
acknowledging)) acknowledgment of paternity.
(5) The physician or midwife or his or her agent is entitled to
reimbursement for reasonable costs, which the department shall establish by
rule, when an ((affidavit acknowledging)) acknowledgment of
paternity is filed with the state registrar of vital statistics.
(6) If there is no attending physician or midwife, the father or
mother of the child, householder or owner of the premises, manager or
superintendent of the public or private institution in which the birth
occurred, shall notify the local registrar, within ten days after the birth, of
the fact of the birth, and the local registrar shall secure the necessary information
and signature to make a proper certificate of birth.
(7) When an infant is found for whom no certificate of birth is
known to be on file, a birth certificate shall be filed within the time and in
the form prescribed by the state board of health.
(8) When no ((putative)) alleged father is named on a
birth certificate of a child born to an unwed mother the mother may give any
surname she so desires to her child but shall designate in space provided for
father's name on the birth certificate "None Named".
NEW SECTION. Sec. 709. UNIFORMITY OF APPLICATION
AND CONSTRUCTION. In applying and construing this uniform act, consideration
must be given to the need to promote uniformity of the law with respect to its
subject matter among states that enact it.
NEW SECTION. Sec. 710. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
NEW SECTION. Sec. 711. The following acts or
parts of acts are each repealed:
(1) RCW 26.26.010 ("Parent and child
relationship" defined) and 1975-'76 2nd ex.s. c 42 s 2;
(2) RCW 26.26.020 (Relationship not
dependent on marriage) and 1975-'76 2nd ex.s. c 42 s 3;
(3) RCW 26.26.030 (How parent and child
relationship established) and 2002 c ... (SSB 5433) s 1, 1985 c 7 s 86, &
1975-'76 2nd ex.s. c 42 s 4;
(4) RCW 26.26.035 (Default) and 1994 c 230 s
13;
(5) RCW 26.26.040 (Presumption of paternity)
and 1997 c 58 s 938, 1994 c 230 s 14, 1990 c 175 s 2, 1989 c 55 s 4, &
1975-'76 2nd ex.s. c 42 s 5;
(6) RCW 26.26.050 (Artificial insemination)
and 2002 c ... (SSB 5433) s 2 & 1975-'76 2nd ex.s. c 42 s 6;
(7) RCW 26.26.060 (Determination of father
and child relationship--Who may bring action--When action may be brought) and
1983 1st ex.s. c 41 s 5 & 1975-'76 2nd ex.s. c 42 s 7;
(8) RCW 26.26.070 (Determination of father
and child relationship--Petition to arrest alleged father--Warrant of
arrest--Issuance--Grounds--Hearing) and 1975-'76 2nd ex.s. c 42 s 8;
(9) RCW 26.26.080 (Jurisdiction--Venue) and
1975-'76 2nd ex.s. c 42 s 9;
(10) RCW 26.26.090 (Parties) and 1984 c 260 s
31, 1983 1st ex.s. c 41 s 6, & 1975-'76 2nd ex.s. c 42 s 10;
(11) RCW 26.26.100 (Blood or genetic tests)
and 1997 c 58 s 946;
(12) RCW 26.26.110 (Evidence relating to
paternity) and 1994 c 146 s 2, 1984 c 260 s 33, & 1975-'76 2nd ex.s. c 42 s
12;
(13) RCW 26.26.120 (Civil
action--Testimony--Evidence--Jury) and 1994 c 146 s 3, 1984 c 260 s 34, &
1975-'76 2nd ex.s. c 42 s 13;
(14) RCW 26.26.137 (Temporary
support--Temporary restraining order‑-Preliminary injunction--Domestic
violence or antiharassment protection order--Notice of modification or
termination of restraining order--Support debts, notice) and 2000 c 119 s 11,
1995 c 246 s 32, 1994 sp.s. c 7 s 456, & 1983 1st ex.s. c 41 s 12;
(15) RCW 26.26.170 (Action to determine
mother and child relationship) and 1975-'76 2nd ex.s. c 42 s 18;
(16) RCW 26.26.180 (Promise to render
support) and 1983 1st ex.s. c 41 s 9 & 1975-'76 2nd ex.s. c 42 s 19;
(17) RCW 26.26.200 (Hearing or trials to be
in closed court--Records confidential) and 1983 1st ex.s. c 41 s 10 &
1975-'76 2nd ex.s. c 42 s 21;
(18) RCW 26.26.900 (Uniformity of application
and construction) and 1975-'76 2nd ex.s. c 42 s 42;
(19) RCW 26.26.901 (Short title) and 1975-'76
2nd ex.s. c 42 s 43; and
(20) RCW 26.26.905 (Severability--1975-'76
2nd ex.s. c 42) and 1975-'76 2nd ex.s. c 42 s 44.
NEW SECTION. Sec. 712. TRANSITIONAL PROVISION.
A proceeding to adjudicate parentage which was commenced before the effective
date of this section is governed by the law in effect at the time the
proceeding was commenced.
NEW SECTION. Sec. 713. CAPTIONS, ARTICLE
DESIGNATIONS, AND ARTICLE HEADINGS NOT LAW. Captions, article designations,
and article headings used in this chapter are not any part of the law.
NEW SECTION. Sec. 714. EFFECTIVE DATE. This act
takes effect July 1, 2002.
NEW SECTION. Sec. 715. Sections 101 through 609,
709, 710, and 712 through 714 of this act are each added to chapter 26.26 RCW.
