BILL REQ. #:  H-4026.1 

Read first time 01/13/2006.   Referred to Committee on Juvenile Justice & Family Law.

     AN ACT Relating to creating a putative father registry; adding new sections to chapter 26.26 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   INTENT. The legislature recognizes the importance of having both a child's mother and father be a part of decisions made about a child's future. Further, the legislature recognizes that many children are born out of wedlock, which demonstrates a need for an effective process to keep track of claims of paternity for these children. The legislature finds that the uniform parentage act of 2002 includes the creation of a paternity registry for men who wish to be notified of proceedings involving young children that they may have fathered. The legislature further finds that the creation of a paternity registry will assist in both protecting a putative father's rights in a termination of parental rights proceeding and in facilitating infant adoptions in the state.

NEW SECTION.  Sec. 2   ESTABLISHMENT OF REGISTRY. A registry of paternity is established in the state registrar of vital statistics.

NEW SECTION.  Sec. 3   REGISTRATION FOR NOTIFICATION. (1) Except as otherwise provided in subsection (2) of this section or section 6 of this act, a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered may register in the registry of paternity before the birth of the child or no later than one hundred twenty days after the birth.
     (2) A man is not required to register if:
     (a) A father-child relationship between the man and the child has been established under this chapter or other law; or
     (b) The man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.
     (3) A registrant shall promptly notify the registry of any change in the information registered. The state registrar of vital statistics shall incorporate all new information received into its records but need not affirmatively seek to obtain current information for incorporation in the registry.

NEW SECTION.  Sec. 4   NOTICE OF PROCEEDING. Notice of a proceeding for the adoption of, or termination of parental rights regarding, a child must be given to a registrant who has timely registered. Notice must be given in a manner prescribed for service of process in a civil action.

NEW SECTION.  Sec. 5   TERMINATION OF PARENTAL RIGHTS--CHILD LESS THAN ONE YEAR OF AGE. The parental rights of a man who may be the father of a child may be terminated without notice if:
     (1) The child has not attained one year of age at the time of the termination of parental rights;
     (2) The man did not register timely with the state registrar of vital statistics; and
     (3) The man is not exempt from registration under section 3 of this act.

NEW SECTION.  Sec. 6   TERMINATION OF PARENTAL RIGHTS--CHILD AT LEAST ONE YEAR OF AGE. (1) If a child has attained one year of age, notice of a proceeding for adoption of, or termination of parental rights regarding, the child must be given to a man who may be the child's father, whether or not he has registered with the state registrar of vital statistics.
     (2) Notice must be given in a manner prescribed for service of process in a civil action.

NEW SECTION.  Sec. 7   REQUIRED FORM. The state registrar of vital statistics shall prepare a form for registering with the agency. The form must be signed by the registrant. The form must contain a notice to the registrant that he signs the form under penalty of perjury. The form must also provide notice to the registrant that:
     (1) A timely registration entitles the registrant to notice of a proceeding for adoption of the child or termination of the registrant's parental rights;
     (2) A timely registration does not commence a proceeding to establish paternity;
     (3) The information disclosed on the form may be used against the registrant to establish paternity;
     (4) Services to assist in establishing paternity are available to him through the support enforcement agency;
     (5) He should also register in another state if conception or birth of the child occurred in the other state;
     (6) Information on registries of other states is available from the state registrar of vital statistics; and
     (7) Procedures exist to rescind the registration of a claim of paternity.

NEW SECTION.  Sec. 8   FURNISHING OF INFORMATION--CONFIDENTIALITY. (1) The state registrar of vital statistics need not seek to locate the mother of a child who is the subject of a registration, but, if the mother's address has been provided, the state registrar of vital statistics shall send a copy of the notice of the registration to her at that address.
     (2) Information contained in the registry is confidential and may be released on request only to:
     (a) A court or other person designated by the court;
     (b) The mother of the child who is the subject of the registration;
     (c) An agency authorized by other law to receive the information;
     (d) A licensed child-placing agency;
     (e) A support enforcement agency;
     (f) A party or the party's attorney of record in a proceeding under this chapter or in a proceeding for adoption of, or for termination of parental rights regarding, a child who is the subject of the registration; and
     (g) The registry of paternity in another state.

NEW SECTION.  Sec. 9   PENALTY FOR RELEASING INFORMATION. An individual commits a gross misdemeanor punishable under RCW 9.92.020 if the individual intentionally releases information from the registry to another individual or agency not authorized to receive the information under section 8 of this act.

NEW SECTION.  Sec. 10   RESCISSION OF REGISTRATION. A registrant may rescind his registration at any time by sending to the registry a written rescission signed by him and witnessed or notarized.

NEW SECTION.  Sec. 11   UNTIMELY REGISTRATION. If a man registers more than thirty days after the birth of the child, the state registrar of vital statistics shall notify the registrant that on its face his registration was not filed timely.

NEW SECTION.  Sec. 12   FEES FOR REGISTRY. (1) The state registrar of vital statistics may charge a reasonable fee for filing a registration or a rescission of registration.
     (2) Except as otherwise provided in subsection (3) of this section, the state registrar of vital statistics may charge a reasonable fee for making a search of the registry and for furnishing a certificate.
     (3) A support enforcement agency is not required to pay a fee authorized by subsection (2) of this section.

NEW SECTION.  Sec. 13   SEARCH OF APPROPRIATE REGISTRY. (1) If a father-child relationship has not been established under this chapter for a child under one year of age, a petitioner for adoption of, or termination of parental rights regarding, the child must obtain a certificate of search of the registry of paternity.
     (2) If the petitioner for adoption of, or termination of parental rights regarding, a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner must also obtain a certificate of search of the registry of paternity, if any, in that state.

NEW SECTION.  Sec. 14   CERTIFICATE OF SEARCH OF REGISTRY. (1) The state registrar of vital statistics shall furnish a certificate of search of the registry on request of an individual, court, or agency identified in section 8 of this act.
     (2) A certificate provided by the state registrar of vital statistics must be signed on behalf of the state registrar of vital statistics and state that:
     (a) A search has been made of the registry; and
     (b) A registration containing the information required to identify the registrant:
     (i) Has been found and is attached to the certificate of search; or
     (ii) Has not been found.
     (3) A petitioner must file the certificate of search with the court before a proceeding for adoption of, or termination of parental rights regarding, a child may be concluded.

NEW SECTION.  Sec. 15   ADMISSIBILITY OF REGISTERED INFORMATION. A certificate of search of the registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of parental rights regarding, a child and, if relevant, in other legal proceedings.

NEW SECTION.  Sec. 16   Sections 1 through 15 of this act are each added to chapter 26.26 RCW.

NEW SECTION.  Sec. 17   Section captions used in this act constitute no part of the law.