HOUSE BILL REPORT

HB 1565

BYRepresentatives Locke, Wang, Brough, Padden, Belcher, Wineberry, Winsley and R. Fisher 

Relating to family relationships presumed to be valid for immigrants.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 28, 1989

BACKGROUND:

Immigrants to this country often bring with them or acquire through the immigration process documents that show family relationships such as marriage or parenthood.  In some instances these documents have not been accepted by courts in this state as evidence of a family relationship.

In paternity actions, certain evidence such as marriage or birth documents can lead to a presumption of paternity.  Such a presumption may be overcome only by clear, cogent and convincing evidence.

SUMMARY:

SUBSTITUTE BILL:  A determination by the federal immigration service as to a family relationship is presumptively valid.  With respect to relationships other than paternity, the presumption may be overcome by a living person who proves by a preponderance of evidence that he or she is actually in the relationship shown by the documents.

Immigration service determinations are added to the kinds of evidence that can give rise to a presumption of paternity that may only be overcome by clear, cogent and convincing evidence.  An immigration service determination will give rise to such a presumption if the presumed father had an opportunity to deny or admit the relationship at the time of entry into this country.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute clarifies the relationship between the burdens of proof that apply to overcoming paternity presumptions and to overcoming other presumptions of family relationships.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Margery Hite, Attorney; Keith Axelsen, International Rescue Commission.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill will help in preserving accepted family relationships among immigrants.  The federal agency does extensive background work in establishing the validity of claimed relationships.

House Committee - Testimony Against:      None Presented.