| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/09/10.
AN ACT Relating to clarifying and expanding the rights and obligations of state registered domestic partners and other couples related to parentage; amending RCW 26.26.011, 26.26.021, 26.26.041, 26.26.051, 26.26.101, 26.26.106, 26.26.111, 26.26.116, 26.26.130, 26.26.150, 26.26.300, 26.26.305, 26.26.310, 26.26.315, 26.26.320, 26.26.335, 26.26.340, 26.26.360, 26.26.375, 26.26.400, 26.26.405, 26.26.410, 26.26.420, 26.26.425, 26.26.430, 26.26.435, 26.26.445, 26.26.505, 26.26.510, 26.26.525, 26.26.530, 26.26.535, 26.26.540, 26.26.545, 26.26.550, 26.26.555, 26.26.570, 26.26.575, 26.26.585, 26.26.590, 26.26.600, 26.26.620, 26.26.625, 26.26.630, 26.26.700, 26.26.705, 26.26.710, 26.26.715, 26.26.720, 26.26.725, 26.26.730, 26.26.735, 26.26.740, 26.26.903, 26.26.911, and 9A.64.030; adding new sections to chapter 26.26 RCW; creating new sections; and repealing RCW 26.26.210, 26.26.220, 26.26.230, 26.26.240, 26.26.250, and 26.26.260.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 26.26.011 and 2002 c 302 s 102 are each amended to
read as follows:
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 RCW 26.26.300 through 26.26.375.
(2) "Adjudicated ((father)) parent" means a ((man)) person who has
been adjudicated by a court of competent jurisdiction to be the
((father)) parent of a child.
(3) "Alleged ((father)) parent" means a ((man)) person who alleges
himself or herself to be, or is alleged to be, the genetic ((father))
parent or a possible genetic ((father)) parent of a child, but whose
((paternity)) parentage has not been determined. The term does not
include:
(a) A presumed ((father)) parent;
(b) A ((man)) person 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)) Artificial insemination certified by a
physician;
(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) "Compensation" means payment of any valuable consideration for
services in excess of reasonable medical, legal, and ancillary costs.
(8) "Determination of parentage" means the establishment of the
parent-child relationship by the signing of a valid acknowledgment of
paternity under RCW 26.26.300 through 26.26.375 or adjudication by the
court.
(((8))) (9) "Domestic partner" means a state registered domestic
partner as defined in chapter 26.60 RCW.
(10) "Donor" means an individual who ((produces eggs or sperm
used)) contributes a gamete or gametes for assisted reproduction,
whether or not for ((consideration)) compensation. The term does not
include:
(a) A ((husband)) person who provides ((sperm, or a wife who
provides eggs,)) a gamete or gametes to be used for assisted
reproduction ((by the wife)) with his or her spouse or domestic
partner; 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 26.26.735.)) An intended parent under sections 55 through
66 of this act.
(((9))) (11) "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)) the individual's ancestry or that is so
identified by other information.
(((10))) (12) "Gamete" means either a sperm or an egg.
(13) "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))) (14) "Gestational surrogacy" means the process by which a
woman attempts to carry and give birth to a child created through in
vitro fertilization to which the woman acting as a gestational
surrogate has made no genetic contribution.
(15) "Gestational surrogacy contract" means a written agreement
regarding gestational surrogacy as provided under sections 54 through
65 of this act.
(16) "Identifying information" includes, but is not limited to, the
following information of the gamete donor or woman acting as a
gestational surrogate:
(a) The first and last name of the person; and
(b) The age of the person at the time of the donation or
gestational surrogacy.
(17) "In vitro fertilization" means all medical and laboratory
procedures that are necessary to effectuate the extracorporeal
fertilization of egg and sperm.
(18) "Intended parent" means a person or persons who enters into a
gestational surrogacy contract with a woman acting as a gestational
surrogate pursuant to which he or she will be the legal parent upon the
birth of the resulting child. In the case of a married couple or a
couple in a domestic partnership, any reference to an intended parent
includes both spouses or both domestic partners for all purposes of
this chapter. This term includes the intended mother, intended father,
or both.
(19) "Man" means a male individual of any age.
(((12))) (20) "Medical evaluation" means an evaluation and
consultation with a physician meeting the requirements of section 64 of
this act.
(21) "Mental health evaluation" means an evaluation and
consultation with a mental health professional meeting the requirements
of section 64 of this act.
(22) "Parent" means an individual who has established a parent-child relationship under RCW 26.26.101.
(((13))) (23) "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)) (24) "Parentage index" means the likelihood of
((paternity)) parentage calculated by computing the ratio between:
(a) The likelihood that the tested ((man)) person is the ((father))
parent, based on the genetic markers of the tested ((man)) person,
((mother)) genetic parent, and child, conditioned on the hypothesis
that the tested ((man)) person is the ((father)) parent of the child;
and
(b) The likelihood that the tested ((man)) person is not the
((father)) parent, based on the genetic markers of the tested ((man))
person, ((mother)) genetic parent, and child, conditioned on the
hypothesis that the tested ((man)) person is not the ((father)) parent
of the child and that the ((father)) parent is ((from)) of the same
ethnic or racial group as the tested ((man)) person.
(((15))) (25) "Physician" means a person licensed to practice
medicine in a state.
(26) "Presumed ((father)) parent" means a ((man)) person who, by
operation of law under RCW 26.26.116, is recognized ((to be)) as the
((father)) parent of a child until that status is rebutted or confirmed
in a judicial proceeding.
(((16))) (27) "Probability of ((paternity)) parentage" means the
measure, for the ethnic or racial group to which the alleged ((father))
parent belongs, of the probability that the individual in question is
the ((father)) parent of the child, compared with a random, unrelated
((man)) person of the same ethnic or racial group, expressed as a
percentage incorporating the ((paternity)) parentage index and a prior
probability.
(((17))) (28) "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))) (29) "Signatory" means an individual who authenticates a
record and is bound by its terms.
(((19))) (30) "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))) (31) "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.
(32) "Woman acting as a gestational surrogate" means a woman who
agrees to engage in a gestational surrogacy.
Sec. 2 RCW 26.26.021 and 2002 c 302 s 103 are each amended to
read as follows:
(1) This chapter ((governs every)) applies to determinations 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)) gestational
surrogacy contract and the contract ((that)) is unenforceable under the
law of this state, the parent-child relationship is determined as
provided in RCW 26.26.101 through 26.26.116 or through applicable case
law.
Sec. 3 RCW 26.26.041 and 2002 c 302 s 105 are each amended to
read as follows:
Proceedings under this chapter are subject to other laws of this
state governing the health, safety, privacy, and liberty of a child or
other individuals ((that)) who 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.
Sec. 4 RCW 26.26.051 and 2002 c 302 s 106 are each amended to
read as follows:
(1) The provisions relating to determination of ((paternity may be
applied)) parentage apply to ((a)) determinations of maternity and
paternity.
(2) The provisions in this chapter apply to persons in a domestic
partnership to the same extent they apply to persons in a marriage, and
apply to persons of the same sex who have children together to the same
extent they apply to persons of the opposite sex who have children
together.
Sec. 5 RCW 26.26.101 and 2002 c 302 s 201 are each amended to
read as follows:
(((1))) The ((mother-child)) parent-child relationship is
established between a child and a man or woman by:
(((a))) (1) The woman's having given birth to the child, except as
otherwise provided in ((RCW 26.26.210 through 26.26.260)) sections 54
through 67 of this act;
(((b))) (2) An adjudication of the ((woman's maternity)) person's
parentage;
(((c))) (3) Adoption of the child by the ((woman)) person;
(((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)) (4) An affidavit and physician's certificate in a form
prescribed by the department of health ((
(e)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 RCW 26.26.735((.));
(2) The father-child relationship is established between a child
and a man by:
(a)
(5) An adjudication confirming the person as a parent of a child
born pursuant to a gestational surrogacy contract if the contract was
validated under sections 54 through 65 of this act or is enforceable
under other law;
(6) An unrebutted presumption of the ((man's paternity)) person's
parentage of the child under RCW 26.26.116;
(((b))) (7) The man's having signed an acknowledgment of paternity
under RCW 26.26.300 through 26.26.375, unless the acknowledgment has
been rescinded or successfully challenged;
(((c) An adjudication of the man's paternity;)) or
(d) Adoption of the child by the man;
(e)
(8) The ((man's)) person's having consented to assisted
reproduction by his ((wife)) or her spouse or domestic partner under
RCW 26.26.700 through 26.26.730 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
Sec. 6 RCW 26.26.106 and 2002 c 302 s 202 are each amended to
read as follows:
A child born to parents who are not married to each other or in a
domestic partnership with each other has the same rights under the law
as a child born to parents who are married to each other or who are in
a domestic partnership with each other.
Sec. 7 RCW 26.26.111 and 2002 c 302 s 203 are each amended to
read as follows:
Unless parental rights are terminated, the parent-child
relationship established under this chapter applies for all purposes,
except as otherwise specifically provided by other law of this state.
Sec. 8 RCW 26.26.116 and 2002 c 302 s 204 are each amended to
read as follows:
(1) In the context of a marriage or a domestic partnership, a
((man)) person is presumed to be the ((father)) parent of a child if:
(a) ((He)) The person and the mother or father of the child are
married to each other or in a domestic partnership with each other and
the child is born during the marriage or domestic partnership;
(b) ((He)) The person and the mother or father of the child were
married to each other or in a domestic partnership with each other and
the child is born within three hundred days after the marriage or
domestic partnership is terminated by death, annulment, dissolution
((of marriage)), legal separation, or declaration of invalidity;
(c) Before the birth of the child, ((he)) the person and the mother
or father of the child married each other or entered into a domestic
partnership with each other in apparent compliance with law, even if
the attempted marriage or domestic partnership is, or could be,
declared invalid and the child is born during the invalid marriage or
invalid domestic partnership 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)) the person and the mother
or father of the child have married each other or entered into a
domestic partnership with each other in apparent compliance with law,
whether or not the marriage or domestic partnership is, or could be
declared invalid, and ((he)) the person voluntarily asserted ((his
paternity)) parentage of the child, and:
(i) The assertion is in a record filed with the state registrar of
vital statistics;
(ii) The person agreed to be and is named as the child's ((father))
parent on the child's birth certificate; or
(iii) The person promised in a record to support the child as his
or her own.
(2) A person is presumed to be the parent of a child if, for the
first two years of the child's life, the person resided in the same
household with the child and openly held out the child as his or her
own.
(3) A presumption of ((paternity)) parentage established under this
section may be rebutted only by an adjudication under RCW 26.26.500
through 26.26.630.
Sec. 9 RCW 26.26.130 and 2001 c 42 s 5 are each amended to read
as follows:
(1) The judgment and order of the court determining the existence
or nonexistence of the parent and child relationship shall be
determinative for all purposes.
(2) If the judgment and order of the court is at variance with the
child's birth certificate, the court shall order that an amended birth
certificate be issued.
(3) The judgment and order shall contain other appropriate
provisions directed to the appropriate parties to the proceeding,
concerning the duty of current and future support, the extent of any
liability for past support furnished to the child if that issue is
before the court, the furnishing of bond or other security for the
payment of the judgment, or any other matter in the best interest of
the child. The judgment and order may direct ((the father)) one parent
to pay the reasonable expenses of the mother's pregnancy and
((confinement)) childbirth. The judgment and order may include a
continuing restraining order or injunction. In issuing the order, the
court shall consider the provisions of RCW 9.41.800.
(4) The judgment and order shall contain a provision that each
party must file with the court and the Washington state child support
registry and update as necessary the information required in the
confidential information form required by RCW 26.23.050.
(5) Support judgment and orders shall be for periodic payments
which may vary in amount. The court may limit the ((father's))
parent's liability for the past support to the child to the proportion
of the expenses already incurred as the court deems just. The court
shall not limit or affect in any manner the right of nonparties
including the state of Washington to seek reimbursement for support and
other services previously furnished to the child.
(6) After considering all relevant factors, the court shall order
either or both parents to pay an amount determined pursuant to the
schedule and standards contained in chapter 26.19 RCW.
(7) On the same basis as provided in chapter 26.09 RCW, the court
shall make residential provisions with regard to minor children of the
parties, except that a parenting plan shall not be required unless
requested by a party. If a parenting plan or residential schedule was
not entered at the time the order establishing parentage was entered,
a parent may move the court for entry of a parenting plan or
residential schedule:
(a) By filing a motion and proposed parenting plan or residential
schedule and providing notice to the other parent and other persons who
have residential time with the child pursuant to a court order:
PROVIDED, That at the time of filing the motion less than twenty-four
months have passed since entry of the order establishing parentage and
that the proposed parenting plan or residential schedule does not
change the designation of the parent with whom the child spends the
majority of time; or
(b) By filing a petition for modification of a parenting plan or
custody order pursuant to RCW 26.09.260.
(8) In any dispute between the ((natural parents)) persons claiming
parentage of a child and a person or persons who have (a) commenced
adoption proceedings or who have been granted an order of adoption, and
(b) pursuant to a court order, or placement by the department of social
and health services or by a licensed agency, have had actual custody of
the child for a period of one year or more before court action is
commenced by the ((natural parent or parents)) persons claiming
parentage, the court shall consider the best welfare and interests of
the child, including the child's need for situation stability, in
determining the matter of custody, and the parent or person who is more
fit shall have the superior right to custody.
(9) In entering an order under this chapter, the court may issue
any necessary continuing restraining orders, including the restraint
provisions of domestic violence protection orders under chapter 26.50
RCW or antiharassment protection orders under chapter 10.14 RCW.
(10) Restraining orders issued under this section restraining or
enjoining the person from molesting or disturbing another party, 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.
(11) The court shall order that any 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 forthwith 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.
(12) 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.
Sec. 10 RCW 26.26.150 and 1994 c 230 s 16 are each amended to
read as follows:
(1) If existence of the ((father)) parent and child relationship is
declared, or paternity or a duty of support has been acknowledged or
adjudicated under this chapter or under prior law, the obligation of
the ((father)) parent may be enforced in the same or other proceedings
by the ((mother)) other parent, the child, the state of Washington, the
public authority that has furnished or may furnish the reasonable
expenses of pregnancy, ((confinement)) childbirth, education, support,
or funeral, or by any other person, including a private agency, to the
extent he or she has furnished or is furnishing these expenses.
(2) The court shall order support payments to be made to the
Washington state support registry, or the person entitled to receive
the payments under an alternate arrangement approved by the court as
provided in RCW 26.23.050(2).
(3) All remedies for the enforcement of judgments apply.
Sec. 11 RCW 26.26.300 and 2002 c 302 s 301 are each amended to
read as follows:
The mother of a child and a man claiming to be the genetic 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.
Sec. 12 RCW 26.26.305 and 2002 c 302 s 302 are each amended to
read as follows:
(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 genetic 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.
Sec. 13 RCW 26.26.310 and 2002 c 302 s 303 are each amended to
read as follows:
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 RCW 26.26.320;
(2) The denial is in a record, and is 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 RCW 26.26.330 or successfully challenged under
RCW 26.26.335; or
(b) Been adjudicated to be the father of the child.
Sec. 14 RCW 26.26.315 and 2002 c 302 s 304 are each amended to
read as follows:
(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. If the acknowledgment and
denial are both necessary, neither is valid until both are filed.
(2) An acknowledgment of paternity or a denial of paternity may be
signed before the birth of the child.
(3) Subject to subsection (1) of this section, 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 it is otherwise in compliance with this chapter.
Sec. 15 RCW 26.26.320 and 2002 c 302 s 305 are each amended to
read as follows:
(1) Except as otherwise provided in RCW 26.26.330 and 26.26.335, a
valid acknowledgment of paternity filed with the state registrar of
vital statistics is equivalent to an adjudication of ((paternity))
parentage of a child and confers upon the acknowledged father all of
the rights and duties of a parent.
(2) Except as otherwise provided in RCW 26.26.330 and 26.26.335, a
valid denial of paternity filed with the state registrar of vital
statistics in conjunction with a valid acknowledgment of paternity is
equivalent to an adjudication of the nonpaternity of the presumed
father and discharges the presumed father from all of the rights and
duties of a parent.
Sec. 16 RCW 26.26.335 and 2002 c 302 s 308 are each amended to
read as follows:
(1) After the period for rescission under RCW 26.26.330 has
((elapsed)) expired, a signatory of an acknowledgment or denial of
paternity may commence a proceeding to challenge the acknowledgment or
denial only:
(a) On the basis of fraud, duress, or material mistake of fact; and
(b) Within 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.
Sec. 17 RCW 26.26.340 and 2002 c 302 s 309 are each amended to
read as follows:
(1) Every signatory to an acknowledgment ((or)) of paternity and
any related 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)) the 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 RCW 26.26.500 through
26.26.630.
(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.
Sec. 18 RCW 26.26.360 and 2002 c 302 s 313 are each amended to
read as follows:
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)) and (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.
Sec. 19 RCW 26.26.375 and 2002 c 302 s 316 are each amended to
read as follows:
(1) After the period for rescission of an acknowledgment of
paternity provided in RCW 26.26.330 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)) titled "In re the parenting and support
of...."
(3) Before the period for a challenge to the acknowledgment or
denial of paternity has elapsed under RCW 26.26.335, 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 RCW
26.26.335 and 26.26.340. A copy of the acknowledgment of paternity or
the birth certificate issued by the state in which the child was born
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.
Sec. 20 RCW 26.26.400 and 2002 c 302 s 401 are each amended to
read as follows:
RCW 26.26.405 through 26.26.450 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.
Sec. 21 RCW 26.26.405 and 2002 c 302 s 402 are each amended to
read as follows:
(1) Except as otherwise provided in this section and RCW 26.26.410
through 26.26.630, the court shall order the child and other designated
individuals to submit to genetic testing if the request for testing is
supported by the sworn statement of a party to the proceeding:
(a) Alleging paternity and stating facts establishing a reasonable
probability of the requisite sexual contact between the individuals; or
(b) Denying paternity and stating facts establishing a possibility
that sexual contact between the individuals, if any, did not result in
the conception of the child.
(2) A support enforcement agency may order genetic testing only if
there is no presumed((, acknowledged,)) or adjudicated ((father))
parent and no acknowledged father.
(3) If a request for genetic testing of a child is made before
birth, the court or support enforcement agency may not order in utero
testing.
(4) If two or more ((men)) persons are subject to court-ordered
genetic testing, the testing may be ordered concurrently or
sequentially.
(5) This section does not apply when the child was conceived
through assisted reproduction.
Sec. 22 RCW 26.26.410 and 2002 c 302 s 403 are each amended to
read as follows:
(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 databases from which to select
frequencies for use in ((the)) calculation((s)) of the probability of
parentage. 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)) parentage 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)) person as
the ((father)) parent of a child under RCW 26.26.420, an individual who
has been tested may be required to submit to additional genetic
testing.
Sec. 23 RCW 26.26.420 and 2002 c 302 s 405 are each amended to
read as follows:
(1) Under this chapter, a ((man)) person is rebuttably identified
as the ((father)) parent of a child if the genetic testing complies
with this section and RCW 26.26.400 through 26.26.415 and 26.26.425
through 26.26.450 and the results disclose that:
(a) The ((man)) person has at least a ninety-nine percent
probability of ((paternity)) parentage, using a prior probability of
0.50, as calculated by using the combined ((paternity)) parentage index
obtained in the testing; and
(b) A combined ((paternity)) parentage index of at least one
hundred to one.
(2) A ((man)) person identified under subsection (1) of this
section as the ((father)) parent of the child may rebut the genetic
testing results only by other genetic testing satisfying the
requirements of this section and RCW 26.26.400 through 26.26.415 and
26.26.425 through 26.26.450 which:
(a) Excludes the ((man)) person as a genetic ((father)) parent of
the child; or
(b) Identifies another ((man)) person as the ((father)) parent of
the child.
(3) Except as otherwise provided in RCW 26.26.445, if more than one
man is identified by genetic testing as the possible father of the
child, or more than one woman is identified by genetic testing as the
possible mother of the child, the court shall order them to submit to
further genetic testing to identify the genetic ((father)) parent.
(4) This section does not apply when the child was conceived
through assisted reproduction.
Sec. 24 RCW 26.26.425 and 2002 c 302 s 406 are each amended to
read as follows:
(1) Subject to assessment of costs under RCW 26.26.500 through
26.26.630, 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))
person who is rebuttably identified as the ((father)) parent.
Sec. 25 RCW 26.26.430 and 2002 c 302 s 407 are each amended to
read as follows:
(1) 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)) person as the ((father)) parent of the child under
RCW 26.26.420, the court or agency may not order additional testing
unless the party provides advance payment for the testing.
(2) This section does not apply when the child was conceived
through assisted reproduction.
Sec. 26 RCW 26.26.435 and 2002 c 302 s 408 are each amended to
read as follows:
(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.
(4) This section does not apply when the child was conceived
through assisted reproduction.
Sec. 27 RCW 26.26.445 and 2002 c 302 s 410 are each amended to
read as follows:
(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 RCW 26.26.420 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.
Sec. 28 RCW 26.26.505 and 2002 c 302 s 502 are each amended to
read as follows:
Subject to RCW 26.26.300 through 26.26.375, 26.26.530, and
26.26.540, a proceeding to adjudicate parentage may be maintained by:
(1) The child;
(2) The ((mother of)) person who has established a parent-child
relationship with the child;
(3) A ((man)) person whose ((paternity)) parentage 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)) gestational surrogacy
contract provided in sections 54 through 67 of this act.
Sec. 29 RCW 26.26.510 and 2002 c 302 s 503 are each amended to
read as follows:
The following individuals must be joined as parties in a proceeding
to adjudicate parentage:
(1) The ((mother)) parent of the child who has established a
parent-child relationship with the child;
(2) A ((man)) person whose ((paternity)) parentage 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)) gestational surrogacy
contract as provided in sections 54 through 67 of this act.
Sec. 30 RCW 26.26.525 and 2002 c 302 s 506 are each amended to
read as follows:
A proceeding to adjudicate the parentage of a child having no
presumed((, acknowledged,)) or adjudicated ((father)) second parent and
no acknowledged father may be commenced at any time during the life of
the child, even after:
(1) The child becomes an adult, but only if the child initiates the
proceeding; or
(2) An earlier proceeding to adjudicate ((paternity)) parentage has
been dismissed based on the application of a statute of limitation then
in effect.
Sec. 31 RCW 26.26.530 and 2002 c 302 s 507 are each amended to
read as follows:
(1) Except as otherwise provided in subsection (2) of this section,
a proceeding brought by a presumed ((father)) parent, the ((mother))
person with a parent-child relationship with the child, or another
individual to adjudicate the parentage of a child having a presumed
((father)) parent must be commenced not later than two years after the
birth of the child.
(2) A proceeding seeking to disprove the ((father-child)) parent-child relationship between a child and the child's presumed ((father))
parent may be maintained at any time if the court determines that((:)) the presumed ((
(a)father)) parent and the ((mother of)) person
who has a parent-child relationship with the child neither cohabited
nor engaged in sexual intercourse with each other during the probable
time of conception((; and))
and the presumed parent never held out the child as his or her own.
(b) The presumed father never openly treated the child as his own
Sec. 32 RCW 26.26.535 and 2002 c 302 s 508 are each amended to
read as follows:
(1) In a proceeding to adjudicate parentage under circumstances
described in RCW 26.26.530, a court may deny a motion seeking an order
for genetic testing of the mother or father, the child, and the
presumed father if the court determines that:
(a)(i) The conduct of the mother or father or the presumed
((father)) parent estops that party from denying parentage; and
(((b))) (ii) It would be inequitable to disprove the ((father-child)) parent-child relationship between the child and the presumed
((father)) parent; or
(b) The child was conceived through assisted reproduction.
(2) In determining whether to deny a motion to seek an order for
genetic testing under subsection (1)(a) of this section, the court
shall consider the best interest of the child, including the following
factors:
(a) The length of time between the proceeding to adjudicate
parentage and the time that the presumed ((father)) parent was placed
on notice that he or she might not be the genetic ((father)) parent;
(b) The length of time during which the presumed ((father)) parent
has assumed the role of ((father)) parent of the child;
(c) The facts surrounding the presumed ((father's)) parent's
discovery of his or her possible ((nonpaternity)) nonparentage;
(d) The nature of the ((father-child)) relationship between the
child and the presumed parent;
(e) The age of the child;
(f) The harm ((to the child which)) that may result to the child if
presumed ((paternity)) parentage is successfully disproved;
(g) The nature of the relationship ((of)) between the child ((to))
and any alleged ((father)) parent;
(h) The extent to which the passage of time reduces the chances of
establishing the ((paternity)) parentage of another ((man)) person and
a child support obligation in favor of the child; and
(i) Other factors that may affect the equities arising from the
disruption of the ((father-child)) parent-child relationship between
the child and the presumed ((father)) parent or the chance of other
harm to the child.
(3) In a proceeding involving the application of this section,
((the)) a minor or incapacitated child must be represented by a
guardian ad litem.
(4) A denial of a motion seeking an order for genetic testing under
subsection (1)(a) of this section must be based on clear and convincing
evidence.
(5) If the court denies a motion seeking an order for genetic
testing under subsection (1)(a) of this section, it shall issue an
order adjudicating the presumed ((father)) parent to be the ((father))
parent of the child.
Sec. 33 RCW 26.26.540 and 2002 c 302 s 509 are each amended to
read as follows:
(1) If a child has an acknowledged father, a signatory to the
acknowledgment or denial of paternity must commence any proceeding
seeking to rescind the acknowledgment or denial or challenge the
paternity of ((that)) the child only within the time allowed under RCW
26.26.330 or 26.26.335.
(2) If a child has an acknowledged father or an adjudicated
((father)) parent, 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)) parentage of the child must
commence a proceeding not later than two years after the effective date
of the acknowledgment or adjudication.
(3) A proceeding under this section is subject to the application
of the principles of estoppel established in RCW 26.26.535.
Sec. 34 RCW 26.26.545 and 2002 c 302 s 510 are each amended to
read as follows:
(1) Except as otherwise 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, dissolution of a domestic partnership, 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)) a proceeding((s)) described
in subsection (1) of this section with a proceeding to adjudicate
parentage brought under chapter 26.21A RCW.
Sec. 35 RCW 26.26.550 and 2002 c 302 s 511 are each amended to
read as follows:
((Although)) Except as otherwise provided in section 59 of this
act, a proceeding to ((determine)) adjudicate parentage may be
commenced before the birth of the child, ((the proceeding)) but 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 RCW 26.26.405, collection of specimens
for genetic testing; and
(4) Temporary orders authorized under RCW 26.26.590.
Sec. 36 RCW 26.26.555 and 2002 c 302 s 512 are each amended to
read as follows:
(1) A minor child is a permissible party, but is not a necessary
party to a proceeding under RCW 26.26.500 through 26.26.630.
(2) If ((the)) a minor or incapacitated child is a party, or if the
court finds that the interests of ((a minor child or incapacitated))
the 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)). A parent of the child may
not represent the child as guardian or ((otherwise)) in any other
capacity.
Sec. 37 RCW 26.26.570 and 2002 c 302 s 521 are each amended to
read as follows:
(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)) parent or an acknowledged father, the results of genetic
testing are inadmissible to adjudicate parentage unless performed:
(a) With the consent of both the ((mother)) person with a parent-child relationship with the child and the presumed((, acknowledged,))
or adjudicated ((father)) parent or an acknowledged father; or
(b) Under an order of the court under RCW 26.26.405.
(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.
Sec. 38 RCW 26.26.575 and 2002 c 302 s 522 are each amended to
read as follows:
(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 for
that reason 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.
(4) This section does not apply when the child was conceived
through assisted reproduction.
Sec. 39 RCW 26.26.585 and 2002 c 302 s 523 are each amended to
read as follows:
(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)) satisfies the requirements of 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.
Sec. 40 RCW 26.26.590 and 2002 c 302 s 524 are each amended to
read as follows:
This section applies to any proceeding under RCW 26.26.500 through
26.26.630.
(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)) parent of the child;
(b) Is petitioning to have his ((paternity)) or her parentage
adjudicated or has admitted ((paternity)) parentage in pleadings filed
with the court;
(c) Is identified as the father through genetic testing under RCW
26.26.420;
(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)) a person who has established a parent-child relationship with 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.
Sec. 41 RCW 26.26.600 and 2002 c 302 s 531 are each amended to
read as follows:
The court shall apply the following rules to adjudicate the
((paternity)) parentage of a child:
(1) Except as provided in subsection (5) of this section, the
((paternity)) parentage of a child having a presumed((, acknowledged,))
or adjudicated ((father)) parent or an acknowledged father may be
disproved only by admissible results of genetic testing excluding that
((man)) person as the ((father)) parent of the child or identifying
another man ((to be)) as the father of the child.
(2) Unless the results of genetic testing are admitted to rebut
other results of genetic testing, the man identified as the father of
the child under RCW 26.26.420 must be adjudicated the father of the
child.
(3) If the court finds that genetic testing under RCW 26.26.420
neither identifies nor excludes a man as the father of a child, the
court may not dismiss the proceeding. In that event, the results of
genetic testing, ((along with)) and other evidence, are admissible to
adjudicate the issue of paternity.
(4) Unless the results of genetic testing are admitted to rebut
other results of genetic testing, a man excluded as the father of a
child by genetic testing must be adjudicated not to be the father of
the child.
(5) Subsections (1) through (4) of this section do not apply when
the child was conceived through assisted reproduction. The parentage
of a child conceived through assisted reproduction may be disproved
only by admissible evidence showing the intent of the presumed,
acknowledged, or adjudicated parent and the other parent.
Sec. 42 RCW 26.26.620 and 2002 c 302 s 535 are each amended to
read as follows:
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 purportedly with prejudice
is void and ((may be challenged in another judicial or an
administrative proceeding)) has only the effect of a dismissal without
prejudice.
Sec. 43 RCW 26.26.625 and 2002 c 302 s 536 are each amended to
read as follows:
(1) The court shall issue an order adjudicating whether a ((man))
person alleged or claiming to be the ((father)) parent 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 RCW 26.26.500
through 26.26.620 and 26.26.630. 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.
Sec. 44 RCW 26.26.630 and 2002 c 302 s 537 are each amended to
read as follows:
(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 RCW 26.26.300 through 26.26.375; and
(b) All parties to an adjudication by a court acting under
circumstances that satisfy the jurisdictional requirements of RCW
((26.21.075)) 26.21A.100.
(2) A child is not bound by a determination of parentage under this
chapter unless:
(a) The determination was based on an unrescinded acknowledgment of
paternity and 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 in the case of a child
conceived through assisted reproduction, the adjudication of parentage
was based on evidence showing the intent of the parents; or
(c) The child was a party or was represented in the proceeding
determining parentage by a guardian ad litem.
(3) In a proceeding to dissolve a marriage or domestic partnership,
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)) 26.21A.100, and the
final order:
(a) Expressly identifies a child as a "child of the marriage,"
"issue of the marriage," "child of the domestic partnership," "issue of
the domestic partnership," or similar words indicating that the
((husband is the father)) spouses in the marriage or domestic partners
in the domestic partnership are the parents of the child; or
(b) Provides for support of the child by one or both of the
((husband)) spouses or domestic partners unless ((paternity)) parentage
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)) parentage may
challenge the adjudication only under law of this state relating to
appeal, vacation of judgments, ((and)) or other judicial review.
Sec. 45 RCW 26.26.700 and 2002 c 302 s 601 are each amended to
read as follows:
RCW 26.26.705 through 26.26.740 do not apply to the birth of a
child conceived by means of sexual intercourse or as a result of
gestational surrogacy contract.
Sec. 46 RCW 26.26.705 and 2002 c 302 s 602 are each amended to
read as follows:
A donor is not a parent of a child conceived by means of assisted
reproduction, unless otherwise agreed in a signed record by the donor
and the person or persons intending to be parents of the child
conceived through assisted reproduction.
Sec. 47 RCW 26.26.710 and 2002 c 302 s 603 are each amended to
read as follows:
((If a husband provides sperm for, or consents to, assisted
reproduction by his wife as provided in RCW 26.26.715, he is the father
of a resulting child born to his wife.)) A person who provides gametes
for, or consents in a signed record to assisted reproduction with
another person, with the intent to be the parent of the child born, is
the parent of the resulting child.
Sec. 48 RCW 26.26.715 and 2002 c 302 s 604 are each amended to
read as follows:
(1) ((A consent to assisted reproduction by a married woman must be
in a record signed by the woman and her husband.)) Consent by a couple
who intend to be parents of a child conceived by assisted reproduction
must be in a record signed by both persons. This requirement does not
apply to ((the donation of eggs for assisted reproduction by another
woman)) a donor.
(2) Failure of the ((husband)) person 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)) of parentage
if the persons resided together in the same household with the child
and openly held out the child as their own.
Sec. 49 RCW 26.26.720 and 2002 c 302 s 605 are each amended to
read as follows:
(1) Except as otherwise provided in subsection (2) of this section,
((the husband of a wife)) a spouse or domestic partner of a woman who
gives birth to a child by means of assisted reproduction, or a spouse
or domestic partner of a man who has a child by means of assisted
reproduction, may not challenge his ((paternity)) or her parentage of
the child unless:
(a) Within two years after learning of the birth of the child
((he)) the person commences a proceeding to adjudicate his
((paternity)) or her parentage; and
(b) The court finds that ((he)) the person did not consent to the
assisted reproduction, before or after birth of the child.
(2) A proceeding to adjudicate ((paternity)) parentage may be
maintained at any time if the court determines that:
(a) The ((husband)) spouse or domestic partner did not provide
((sperm)) gametes for, or before or after the birth of the child
consent to, assisted reproduction by his ((wife)) or her spouse or
domestic partner;
(b) The ((husband and the mother)) spouse or domestic partner and
the parent of the child have not cohabited since the probable time of
assisted reproduction; and
(c) The ((husband)) spouse or domestic partner never openly
((treated)) held out the child as his or her own.
(3) The limitation provided in this section applies to a marriage
or domestic partnership declared invalid after assisted reproduction.
Sec. 50 RCW 26.26.725 and 2002 c 302 s 606 are each amended to
read as follows:
(1) If a marriage or domestic partnership is dissolved before
placement of eggs, sperm, or an embryo, the former spouse or former
domestic partner is not a parent of the resulting child unless the
former spouse or former domestic partner consented in a signed record
that if assisted reproduction were to occur after a ((divorce))
dissolution, the former spouse or former domestic partner would be a
parent of the child.
(2) The consent of the former spouse or former domestic partner to
assisted reproduction may be ((revoked)) withdrawn by that individual
in a record at any time before placement of eggs, sperm, or embryos.
An individual who withdraws consent under this section is not a parent
of the resulting child.
Sec. 51 RCW 26.26.730 and 2002 c 302 s 607 are each amended to
read as follows:
If ((a spouse)) an individual who consented in a record to be a
parent by assisted reproduction dies before placement of eggs, sperm,
or an embryo, the deceased ((spouse)) individual is not a parent of the
resulting child unless the deceased ((spouse)) individual consented in
a signed record that if assisted reproduction were to occur after
death, the deceased ((spouse)) individual would be a parent of the
child.
Sec. 52 RCW 26.26.735 and 2002 c 302 s 608 are each amended to
read as follows:
((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. RCW 26.26.705 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.)) (1) An affidavit and physician's
certificate may be used by intended parents to establish parentage if:
(a) The two intended parents are both female intending to be the
parents of the child born through assisted reproduction;
(b) One of the intended parents contributed ovum; and
(c) One of the intended parents gives birth to the child.
(2) 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. 53 (1) A person who donates gametes to a
fertility clinic in Washington to be used in assisted reproduction
shall provide, at a minimum, his or her identifying information and
medical history to the fertility clinic. The fertility clinic shall
keep the identifying information and medical history of its donors and
shall disclose the information as provided under subsection (2) of this
section.
(2)(a) A child conceived through assisted reproduction who is at
least eighteen years old shall be provided, upon his or her request,
access to identifying information of the donor who provided gametes for
the assisted reproduction that resulted in the birth of the child,
unless the donor has signed an affidavit of nondisclosure with the
fertility clinic that provided the gamete for assisted reproduction.
(b) Regardless of whether the donor signed an affidavit of
nondisclosure, a child conceived through assisted reproduction who is
at least eighteen years old shall be provided, upon his or her request,
access to the nonidentifying medical history of the donor who provided
gametes for the assisted reproduction that resulted in the birth of the
child.
NEW SECTION. Sec. 54 The purpose of sections 55 through 67 of
this act is to establish consistent standards and procedural safeguards
for the protection of all parties involved in a gestational surrogacy
contract in this state and to confirm the legal status of children born
as a result of these contracts. These standards and safeguards are
meant to facilitate the use of this type of reproductive contract in
accord with the public policy of this state.
NEW SECTION. Sec. 55 (1) Except as provided in this chapter, the
woman who gives birth to a child is presumed to be the mother of that
child for purposes of state law.
(2) In the case of a gestational surrogacy contract satisfying the
requirements set forth in section 57 of this act:
(a) The intended parent or parents is the parent or are parents of
the child for purposes of state law immediately upon the birth of the
child;
(b) The child is considered the child of the intended parent or
parents for purposes of state law immediately upon the birth of the
child; and
(c) Neither the woman acting as a gestational surrogate nor her
spouse or domestic partner, if any, are the parents of the child for
purposes of state law immediately upon the birth of the child.
(3) The parties to a gestational surrogacy contract shall assume
the rights and obligations of subsection (2) of this section if:
(a) The woman acting as a gestational surrogate satisfies the
eligibility requirements set forth in section 56(1) of this act;
(b) The intended parent or parents satisfy the eligibility
requirements set forth in section 56(2) of this act; and
(c) The birth as a result of gestational surrogacy occurs pursuant
to a gestational surrogacy contract meeting the requirements set forth
in section 57 of this act.
(4) In the case of a gestational surrogacy contract meeting the
requirements set forth in section 57 of this act, the intended parents
are the parents of the child for purposes of state law unless otherwise
determined by a court of competent jurisdiction, even in the event of
a laboratory error in which the resulting child is not genetically
related to either of the intended parents.
NEW SECTION. Sec. 56 (1) A woman acting as a gestational
surrogate is deemed to have satisfied the requirements of this chapter
if she has met the following requirements at the time the gestational
surrogacy contract is executed:
(a) She is at least twenty-one years of age;
(b) She has given birth to at least one child;
(c) She has not previously acted as a gestational surrogate for
compensation more than once;
(d) She has completed a medical evaluation and the evaluating
physician has determined that there is no known reason why she would
not be capable of carrying a child to term without endangering her
health or the health of the child;
(e) She has indicated in a writing her informed consent to the
medical procedures associated with the establishment of a pregnancy
through embryo transfer, after being informed by a licensed physician
of the risks of the procedures, including the risks that attend
implantation of more than one embryo, and the information received was
in accord with the provision of information recommended by the society
for assisted reproductive technology, the American college of
obstetricians and gynecologists, or the American society of
reproductive medicine or their successor organizations;
(f) She has completed a mental health evaluation by a mental health
provider licensed under chapter 18.71, 18.79, 18.83, or 18.225 RCW;
(g) She has undergone legal consultation with independent legal
counsel regarding the terms of the gestational surrogacy contract and
the potential legal consequences of the gestational surrogacy; and
(h) She has obtained a health insurance policy that covers major
medical treatments and hospitalization and the health insurance policy
has a term that extends throughout the duration of the expected
pregnancy and for eight weeks after the birth of the child. The policy
may be procured by the intended parents on behalf of the woman acting
as a gestational surrogate pursuant to the gestational surrogacy
contract. The health insurance coverage may not be financed through
Medicaid, under Title XIX of the federal social security act, or the
children's health insurance program under Title XXI of the federal
social security act.
(2) The intended parent or parents are deemed to have satisfied the
requirements of this chapter if he, she, or they have met the following
requirements at the time the gestational surrogacy contract is
executed:
(a) He, she, or they have a medical need for the gestational
surrogacy as evidenced by a qualified physician's affidavit attached to
the gestational surrogacy contract. If both intended parents are the
same sex as each other, this subsection (2)(a) is satisfied and an
affidavit from a qualified physician is not required;
(b) He, she, or they have completed a mental health evaluation by
a mental health provider licensed under chapter 18.71, 18.79, 18.83, or
18.225 RCW; and
(c) He, she, or they have undergone legal consultation with
independent legal counsel regarding the terms of the gestational
surrogacy contract and the potential legal consequences of the
gestational surrogacy.
NEW SECTION. Sec. 57 (1) A gestational surrogacy contract is
presumed enforceable for purposes of state law only if:
(a) It meets the contractual requirements set forth in subsection
(2) of this section; and
(b) It contains at a minimum each of the terms set forth in
subsection (3) of this section.
(2) A gestational surrogacy contract must meet the following
requirements:
(a) It must be in writing;
(b) It must be executed prior to the commencement of any medical
procedures, other than medical or mental health evaluations necessary
to determine eligibility of the parties pursuant to section 56 of this
act, in furtherance of the gestational surrogacy:
(i) By the woman acting as a gestational surrogate meeting the
eligibility requirements of section 56(1) of this act and, if married
or in a domestic partnership, the spouse or domestic partner of the
woman acting as a gestational surrogate; and
(ii) By the intended parent or parents meeting the eligibility
requirements of section 56(2) of this act. In the event an intended
parent is married or in a domestic partnership, both spouses or both
domestic partners must execute the gestational surrogacy contract;
(c) Both the woman acting as a gestational surrogate and the
intended parent or parents must have been represented by separate
counsel in all matters concerning the gestational surrogacy and the
gestational surrogacy contract;
(d) Both the woman acting as a gestational surrogate and the
intended parent or parents must have signed a written acknowledgment
that he or she received information about the legal, financial, and
contractual rights, expectations, penalties, and obligations of the
gestational surrogacy contract;
(e) If the gestational surrogacy contract provides for the payment
of compensation to the woman acting as a gestational surrogate, the
compensation must have been placed in escrow with an independent escrow
agent prior to the commencement of any medical procedure, other than
medical or mental health evaluations necessary to determine the
eligibility of a woman to act as a gestational surrogate pursuant to
section 56(1) of this act; and
(f) It must be witnessed by two competent adults.
(3) A gestational surrogacy contract must provide for:
(a) The express written agreement of the woman acting as a
gestational surrogate to:
(i) Undergo embryo transfer and attempt to carry and give birth to
the child, and that she has given her informed consent to the procedure
as provided in section 56(1)(e) of this act; and
(ii) Surrender the child to the intended parent or parents
immediately upon the birth of the child;
(b) If the woman acting as a gestational surrogate is married or in
a domestic partnership, the express agreement of her spouse or her
domestic partner to:
(i) Undertake the obligations imposed on the woman acting as a
gestational surrogate pursuant to the terms of the gestational
surrogacy contract;
(ii) Surrender the child to the intended parent or parents
immediately upon the birth of the child;
(c) The right of the woman acting as a gestational surrogate to
utilize the services of a physician of her choosing to provide her care
during the pregnancy; and
(d) The express written agreement of the intended parent or parents
to:
(i) Receive the child immediately upon his or her birth; and
(ii) Assume sole responsibility for the support of the child
immediately upon his or her birth.
(4) A gestational surrogacy contract is presumed enforceable for
purposes of state law even though it contains one or more of the
following provisions:
(a) The agreement of the intended parent or parents to pay the
woman acting as a gestational surrogate reasonable compensation; and
(b) The agreement of the intended parent or parents to pay for or
reimburse the woman acting as a gestational surrogate for reasonable
expenses, including, without limitation, medical, legal, or other
professional expenses, related to the gestational surrogacy and the
gestational surrogacy contract.
(5) In the event that any of the requirements of this section are
not met, a court of competent jurisdiction shall determine parentage
based on evidence of the parties' intent.
(6) Nothing in this chapter may be construed to limit or constrain
the right of a woman acting as a gestational surrogate to make all
health and welfare decisions regarding herself and her pregnancy,
including the right whether or not to terminate the pregnancy as
protected by law. Gestational surrogacy contract provisions, if any,
that conflict with the aforementioned rights are severable from the
remainder of the contract and are unenforceable.
NEW SECTION. Sec. 58 (1) Any person who is considered to be the
parent of a child pursuant to section 57 of this act is obligated to
support the child.
(2) The breach of the gestational surrogacy contract by the
intended parent or parents may not relieve such intended parent or
parents of the support obligations imposed by state law.
(3) A gamete donor may be liable for child support only if he or
she fails to enter into a legal agreement in which either: (a) The
intended parent or parents agree to assume all rights and
responsibilities for any resulting child; or (b) the gamete donor
relinquishes his or her rights to any gametes, resulting embryos, or
children.
NEW SECTION. Sec. 59 (1) A parent-child relationship is
established effective immediately upon the birth of a child born
pursuant to a gestational surrogacy contract if, in addition to
satisfying the provisions of the gestational surrogacy laws in this
chapter, the attorneys representing both the woman acting as a
gestational surrogate and the intended parent or parents certify that
the parties entered into a gestational surrogacy contract intended to
satisfy the requirements of section 57 of this act with respect to the
child.
(2) The attorneys' certifications required by subsection (1) of
this section must be filed with the superior court of the county in
which the intended parents reside and may be filed either before or
after the birth of the child. When filing the certifications, the
attorneys shall also include for the court files a summary of medical
history information of the woman acting as a gestational surrogate.
(3) Upon the filing of the attorneys' certifications, the court
shall issue an order stating, at a minimum, the following:
(a) The full name, date, and state or country of birth of the
intended parent or parents;
(b) The estimated delivery date of the child;
(c) The planned place of birth of the child;
(d) The full name of the woman acting as the gestational surrogate;
(e) That immediately upon the birth of the child, the intended
parents are the parents of the child for the purposes of state law and
shall be listed on the child's birth certificate as the parents;
(f) That immediately upon the birth of the child, neither the woman
acting as a gestational surrogate and her spouse or domestic partner,
if any, are the parents of the child for purposes of state law;
(g) That immediately upon the birth of the child, the woman acting
as a gestational surrogate and her spouse or domestic partner, if any,
shall surrender the child to the intended parents; and
(h) That immediately upon the birth of the child, the intended
parents shall assume sole responsibility for the support of the child.
(4) The attorneys shall provide the department of health with the
full name of the child and a certified copy of the court order. The
order shall be placed in a sealed file and may not be open to
inspection by any person except upon order of the court for good cause
shown.
(5) All court records related to the gestational surrogacy contract
must be sealed and may not be thereafter open to inspection by any
person except upon order of the court for good cause shown.
(6) Notwithstanding subsection (5) of this section, a child born
under a gestational surrogacy contract who is at least eighteen years
old shall be provided, upon his or her request, access to identifying
information of the woman acting as a gestational surrogate, unless the
woman acting as a gestational surrogate has filed an affidavit of
nondisclosure with the court. Regardless of whether the woman acting
as a gestational surrogate has filed an affidavit of nondisclosure, the
child shall be provided, upon his or her request, access to
nonidentifying medical history of the woman acting as a gestational
surrogate.
NEW SECTION. Sec. 60 Except as provided in this chapter, a
person is not civilly or criminally liable for nonnegligent actions
taken pursuant to the requirements of sections 54 through 65 of this
act.
NEW SECTION. Sec. 61 Noncompliance by the woman acting as a
gestational surrogate or the intended parent or parents occurs when
that party breaches a legally enforceable provision of the gestational
surrogacy contract.
NEW SECTION. Sec. 62 (1) Except as otherwise provided in this
chapter, in the event of noncompliance with the requirements of section
55(3) of this act, a court of competent jurisdiction shall determine
the respective rights and obligations of the parties.
(2) There is no specific performance remedy available for a breach
of a gestational surrogacy contract term by the woman acting as a
gestational surrogate that requires the woman to be impregnated.
NEW SECTION. Sec. 63 (1) Except as expressly provided in the
gestational surrogacy contract or in section 62 of this act, the
intended parent or parents are entitled to all remedies available at
law or equity.
(2) Except as expressly provided in the gestational surrogacy
contract, the woman acting as a gestational surrogate is entitled to
all remedies available at law or equity.
NEW SECTION. Sec. 64 The department of health may adopt rules
pertaining to the required medical and mental health evaluations and
informed consent requirements for a gestational surrogacy contract.
Until the department adopts these rules, medical and mental health
evaluations and procedures and informed consent must be conducted in
accordance with the recommended guidelines published as of the
effective date of this act by the American society for reproductive
medicine, the society for assisted reproductive technologists, or the
American college of obstetricians and gynecologists. The rules may
adopt these guidelines or others by reference.
NEW SECTION. Sec. 65 No action to invalidate a gestational
surrogacy contract meeting the requirements of this chapter or to
challenge the rights of parentage established pursuant to section 55 of
this act may be commenced after twelve months from the date of birth of
the child.
NEW SECTION. Sec. 66 (1) Sections 1 through 51 of this act apply
to causes of action filed on or after the effective date of this act.
(2) This act applies to gestational surrogacy contracts entered
into on or after the effective date of this act.
Sec. 67 RCW 26.26.740 and 2002 c 302 s 609 are each amended to
read as follows:
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 or gestational surrogacy
contract indicating the legal parentage of such child as intended by
any agreement filed with the registrar of vital statistics pursuant to
((RCW 26.26.735)) the parties' filed certification under section 59 of
this act.
Sec. 68 RCW 26.26.903 and 2002 c 302 s 709 are each amended to
read as follows:
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 and to the intent that the
act apply to persons of the same sex who have children together to the
same extent the act applies to persons of the opposite sex who have
children together.
Sec. 69 RCW 26.26.911 and 2002 c 302 s 101 are each amended to
read as follows:
This act may be known and cited as the uniform parentage act of
2002.
Sec. 70 RCW 9A.64.030 and 2003 c 53 s 81 are each amended to read
as follows:
(1) It is unlawful for any person to sell or purchase a minor
child.
(2) A transaction shall not be a purchase or sale under subsection
(1) of this section if any of the following exists:
(a) The transaction is between the parents of the minor child; or
(b) The transaction is between a person receiving or to receive the
child and an agency recognized under RCW 26.33.020; or
(c) The transaction is between the person receiving or to receive
the child and a state agency or other governmental agency; or
(d) The transaction is pursuant to chapter 26.34 or 26.26 RCW; or
(e) The transaction is pursuant to court order; or
(f) The only consideration paid by the person receiving or to
receive the child is intended to pay for the prenatal hospital or
medical expenses involved in the birth of the child, or attorneys' fees
and court costs involved in effectuating transfer of child custody.
(3)(a) Child selling is a class C felony.
(b) Child buying is a class C felony.
NEW SECTION. Sec. 71 Any action taken by an agency to implement
the provisions of this act must be accomplished within existing
resources.
NEW SECTION. Sec. 72 The following acts or parts of acts are
each repealed:
(1) RCW 26.26.210 (Surrogate parenting -- Definitions) and 1989 c 404
s 1;
(2) RCW 26.26.220 (Surrogate parenting -- Persons excluded from
contracting) and 1989 c 404 s 2;
(3) RCW 26.26.230 (Surrogate parenting -- Compensation prohibited)
and 1989 c 404 s 3;
(4) RCW 26.26.240 (Surrogate parenting -- Contract for compensation
void) and 1989 c 404 s 4;
(5) RCW 26.26.250 (Surrogate parenting -- Provisions violated -- Penalty) and 1989 c 404 s 5; and
(6) RCW 26.26.260 (Surrogate parenting -- Custody of child) and 1989
c 404 s 6.
NEW SECTION. Sec. 73 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. 74 Sections 53 through 65 of this act are each
added to chapter