H-239                _______________________________________________

                                                   HOUSE BILL NO. 1565

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 1/30/89 and referred to Committee on Judiciary.

AN ACT Relating to family relations among persons immigrating to this state from foreign nations; amending RCW 26.26.040; and adding a new section to chapter 5.44 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 5.44 RCW to read as follows:

          In any proceeding regarding the determination of a family relationship, including but not limited to the parent and child relationship and the marriage relationship, a determination of family relationships regarding any person or persons who immigrated to the United States from a foreign county which was made or accepted by the United States immigration and naturalization service at the time of that person or persons entry into the United States creates a rebuttable presumption that the determination is valid and that the family relationship under foreign law is as made or accepted at the time of entry.  The presumption may be overcome by a preponderance of evidence showing that a living person other than the person named by the United States immigration and naturalization service is in the relationship in question.

        Sec. 2.  Section 5, chapter 42, Laws of 1975-'76 2nd ex. sess. and RCW 26.26.040 are each amended to read as follows:

(1) A man is presumed to be the natural father of a child if:

          (((1))) (a) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or dissolution, or after a decree of separation is entered by a court;

          (((2))) (b) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child is born within three hundred days after the termination of cohabitation;

          (((3))) (c) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

          (((a))) (i) He has acknowledged his paternity of the child in writing filed with the registrar of vital statistics,

          (((b))) (ii) With his consent, he is named as the child's father on the child's birth certificate, or

          (((c))) (iii) He is obligated to support the child under a written voluntary promise or by court order;

          (((4))) (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his child; ((or

          (5))) (e) He acknowledges his paternity of the child in a writing filed with the registrar of vital statistics, who shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the registrar of vital statistics.  If another man is presumed under ((subsections (1), (2), (3), or (4) of this section)) (a), (b), (c), or (d) of this subsection to be the child's father, such acknowledgment shall give rise to the presumption of paternity only with the written consent of the otherwise presumed father or after such other presumption has been rebutted; or

(f) The United States immigration and naturalization service made or accepted a determination that he was the father of the child at the time of the child's entry into the United States and he had the opportunity at the time of the child's entry into the United States to admit or deny the paternal relationship.

(2) A presumption under this section may be rebutted in an appropriate action only by clear, cogent, and convincing evidence.  If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls.  The presumption is rebutted by a court decree establishing paternity of the child by another man.