SENATE BILL REPORT

SHB 1548

BYHouse Committee on Judiciary (originally sponsored by Representatives H. Myers, Appelwick, Moyer, Brough and Sprenkle; by request of Department of Social and Health Services)

Changing requirements for establishing paternity.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 21, 1989; March 23, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Nelson, Newhouse, Niemi, Rasmussen, Talmadge.

Senate Staff:Richard Rodger (786-7461)

                  March 23, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 23, 1989

BACKGROUND:

The Uniform Parentage Act establishes certain presumptions about the parent child relationship.  A man is presumed to be the father of a child if he and the mother were married at the time of the child's birth or were married, but the marriage was terminated within 300 days of the child's birth.  A man is also presumed to be the father if he has filed a writing with the registrar of vital statistics acknowledging paternity.  In the latter case, the registrar must notify the mother of the claim of paternity.  The mother has a reasonable time after the notice to dispute the claim of paternity.  If another presumed father exists, that father must consent to the acknowledgement of paternity.

At the time of a child's birth, the attending physician or midwife is required to fill out a certificate of birth and file the certificate with the local registrar.

The Department of Social and Health Services has authority to establish a support obligation administratively for a natural parent, a stepparent, or an adoptive parent.

SUMMARY:

The presumptions of paternity under the Uniform Parentage Act are established for all intents and purposes.  An acknowledgement of paternity does not need to be consented to by another presumed father.  In order to exercise custody, visitation, or residential time, the acknowledging father must obtain an appropriate court order.

At the time of a child's birth, the attending physician or midwife shall fill out a birth certificate including the mother's name and address and, if the mother and father are married or the father has signed an acknowledgement of paternity, the father's name and address.  The certificate must be filed with the local registrar together with the mother's and father's Social Security numbers.  The state Office of Vital Statistics shall allow the Office of Support Enforcement to have access to birth certificate information, including the Social Security numbers.

If a child is born to an unmarried mother, the attending physician or midwife shall give the mother and the natural father, if known, an opportunity to complete an affidavit acknowledging paternity.  The mother, as well as the father, must sign the acknowledgement.  The physician or midwife must also provide information to the mother concerning the benefits of having the child's paternity established and the services available to do so.  This information is provided by the Department of Social and Health Services.  The physician or midwife is entitled to reimbursement at a rate determined by the department when an acknowledgement is filed with the registrar.

The Office of Support Enforcement may serve a notice and finding of parental responsibility on a father who has signed an acknowledgement of paternity which has been filed with the Office of Vital Statistics.  The father may request an adjudicative hearing to contest the amount of support ordered.  The father may also request that a blood test be administered.  If the father does not respond to the notice and finding of parental responsibility, the notice and finding are final unless subsequently overturned by a court in a paternity action.

The father may contest the support amount or request the blood test within 20 days of the service of the notice and finding.  An application filed after one year may be accepted upon a showing of good cause.  The department may advance the cost of the blood test, but may seek reimbursement if the person is determined to be the father.  The father may request the Office of Support Enforcement to initiate a judicial proceeding to establish the parent-child relationship.  The father may be liable for court costs if the court determines he is the natural father.  The mother must be given notice of the adjudicative hearing and may participate in the proceeding.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Dave Hogan, DSHS (pro); Jean Irlbeck, DSHS (pro)