SENATE BILL REPORT

SHB 1565

BYHouse Committee on Judiciary (originally sponsored by Representatives Locke, Wang, Brough, Padden, Belcher, Wineberry, Winsley and R. Fisher) 

Relating to family relationships presumed to be valid for immigrants.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 28, 1989; February 19, 1990; February 23, 1990

Majority Report:  Do pass.

      Signed by Senators Nelson, Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Ben Barnes (786-7465)

                  February 23, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 23, 1990

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:

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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Patricia Lee, Commission on Asian-American Affairs