AN ACT Relating to putative and unknown fathers; and adding a new chapter to Title 26 RCW.

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

NEW SECTION. Sec. 1. As used in this chapter:

(1) "Man" means a male individual of any age;

(2) "Putative father" means a man who claims to be, or is named as, the biological father or a possible biological father of a particular child, and whose paternity of that child has not be judicially determined, excluding:

(a) A man whose parental rights with respect to that child have been previously judicially terminated or declared not to exist;

(b) A donor of semen used in artificial insemination, whose identity is not known by the mother of the resulting child or whose semen was donated under circumstances indicating that the donor did not anticipate having an interest in the resulting child;

(c) A man who is or was married to the mother of a particular child, and the child is born during the marriage or within three hundred days after the marriage was terminated by death, annulment, declaration of invalidity, divorce, or marital dissolution, or after a decree of separation was entered by a court;

(d) A man who, before the birth of a particular child, attempted to marry the mother of the child in apparent compliance with law, although the attempted marriage is or could be declared invalid; and

(i) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within three hundred days after its termination by death, annulment, declaration of invalidity, divorce, or marital dissolution; or

(ii) If the attempted marriage is invalid without a court order, the child is born during, or within three hundred days after the termination of cohabitation; and

(e) A man who, after the birth of a particular child, married or attempted to marry the mother of the child in apparent compliance with law, although the attempted marriage is or could be declared invalid; and

(i) He has acknowledged his paternity of the child in a writing filed with the appropriate court or bureau of vital statistics;

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

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

(3) "Unknown father" means a particular child's biological father, whose identity is unascertained, excluding a donor of semen used in artificial insemination, which donor's identity is not known by the mother of the resulting child or whose semen was donated under circumstances indicating that the donor did not anticipate having an interest in the resulting child.

NEW SECTION. Sec. 2. (1) A putative father may bring an action to determine whether or not he is the biological father of a particular child, in accordance with applicable state law, at any time, unless his paternity or his possible parental rights have already been determined or are in issue in a pending action.

(2) An agreement between a putative father and either the mother or the child does not bar an action under this section, unless the agreement has been judicially approved under applicable state law.

NEW SECTION. Sec. 3. (1) In an adoption or other judicial proceeding that might result in termination of any man's parental rights with respect to a child, the person seeking termination shall give notice to every putative father of that child known to that person.

(2) Notice required by subsection (1) of this section must be given:

(a) In the manner and at the time and places appropriate under the rules of civil procedure for the service of process in a civil action in this state; or

(b) In any other manner that the court directs which provides actual notice.

(3) A putative father may participate as a party in a proceeding described in subsection (1) of this section.

(4) If, at any time in the proceeding, it appears to the court that there is a putative father of the child who has not been given notice, the court shall require notice to be given to him in accordance with subsection (2) of this section.

(5) If, at any time in the proceeding, it appears to the court that an unknown father might not have been given notice, the court shall determine whether he can be identified. That determination must be based on evidence that includes inquiry of appropriate persons in an effort to identify the unknown father for the purpose of providing notice. The inquiry must include the following:

(a) Whether the mother was married at the time of conception of the child or at any later time;

(b) Whether the mother was cohabiting with a man at the probable time of conception of the child;

(c) Whether the mother has received support payments or promises of support, other than from a governmental agency, with respect to the child or because of her pregnancy;

(d) Whether the mother has named any man as the biological father in connection with applying for or receiving public assistance; and

(e) Whether any man has formally or informally acknowledged or claimed paternity of the child in any jurisdiction in which the mother resided at the time of or since conception of the child or in which the child has resided or resides at the time of the inquiry.

(6) If the inquiry required by subsection (5) of this section identifies any man as the unknown father, notice of the proceeding must be given to each in accordance with subsection (2) of this section.

(7) If, after the inquiry required by subsection (5) of this section, it appears that there might be an unknown father of the child, the court shall consider whether publication or public posting of notice of the proceeding is likely to lead to actual notice to that man. The court may order publication or public posting of notice only if, on the basis of all information available, the court determines that the publication or posting is likely to lead to actual notice.

NEW SECTION. Sec. 4. (1) In a judicial proceeding to change or establish legal or physical custody of or visitation rights with regard to a child, except for an annulment, declaration of invalidity, divorce, or marital dissolution, and any subsequent child-custody modification proceedings, and except for an action brought to determine paternity of a particular child, the petitioner shall give notice to every putative father of that child known to the petitioner.

(2) Notice must be given:

(a) In the manner and at the times and places appropriate under the rules of civil procedure for the service of process in a civil action in this state; or

(b) In any other manner that the court directs and determines will likely provide actual notice.

(3) If, at any time in the proceeding, it appears to the court that there is a putative father of the child who has not been given notice, the court shall require notice to be given to him in accordance with subsection (2) of this section.

(4) If, at any time in the proceeding, it appears to the court that an unknown father might not have been given notice, the court may attempt to identify him and give notice in accordance with section 3 (5) through (7) of this act in order to further the best interests of the child.

(5) A putative father may participate as a party in a proceeding described in subsection (1) of this section.

NEW SECTION. Sec. 5. In determining whether to protect or terminate the parental rights of a putative father in a proceeding governed by section 3 or 4 of this act, the court shall consider all of the following factors that are pertinent to the case before the court:

(1) The age of the child;

(2) The nature and quality of any relationship between the man and the child;

(3) The reasons for any lack of a relationship between the man and the child;

(4) Whether a parent and child relationship has been established between the child and another man;

(5) Whether the child has been abused or neglected;

(6) Whether the man has a history of substance abuse or of abuse of the mother or the child;

(7) Any proposed plan for the child;

(8) Whether the man seeks custody and is able to provide the child with emotional or financial support and a home, whether or not he has had opportunity to establish a parental relationship with the child;

(9) Whether the man visits the child, has shown any interest in visitation, or, desiring visitation, has been effectively denied opportunity to visit the child;

(10) Whether the man is providing financial support for the child according to his means;

(11) Whether the man provided emotional or financial support for the mother during her prenatal, natal, and postnatal care period;

(12) The circumstances of the child's conception, including whether the child was conceived as a result of forcible rape or incest;

(13) Whether the man has formally or informally acknowledged or declared his possible paternity of the child; and

(14) Other factors the court considers relevant to the standards stated in section 6 of this act.

NEW SECTION. Sec. 6. (1) If a man appears in a proceeding described in section 3 of this act, other than as a petitioner or prospective adoptive parent, the court may:

(a) In accordance with applicable state law, determine whether he is the biological father of the child and, if he is, enter an order in accordance with subsection (2) of this section; or

(b) Without determining paternity, and consistent with the standards in subsection (2) of this section, enter an order, after considering the factors in section 5 of this act, terminating any parental rights he might have, or declaring that he has no rights, with respect to the child; and

(c) If the court terminates the parental rights of any man who appears, or if it determines that no man who appears is the biological father of the child, the court may also enter an order:

(i) Terminating the parental rights of any other man given notice who does not appear; or

(ii) Declaring that no man has any parental rights with respect to the child.

(2) If a man who appears in a proceeding described in section 3 of this act is determined by the court to be the father, the court shall, after considering evidence of the factors in section 5 of this act, determine:

(a) Whether a familial bond between the father and the child has been established; or

(b) Whether the failure to establish a familial bond is justified, and the father has the desire and potential to establish the bond.

If either subsection (2) (a) or (b) of this section is determined affirmatively, the court may terminate the parental rights of the father, in accordance with applicable state law, only if failure to do so would be detrimental to the child.

If neither subsection (2) (a) nor (b) of this section is determined affirmatively, the court may terminate the parental rights of the father if doing so will be in the best interests of the child.

(3) If no man appears in a proceeding described in section 3 of this act, the court may enter an order:

(a) Terminating with respect to the child the parental rights of any man given notice; or

(b) Declaring that no man has any parental rights with respect to the child.

(4) If section 3 of this act does not require notice, the court shall enter an order declaring that no man has any parental rights with respect to the child.

(5) If a man appears in a proceeding described in section 4 of this act and requests custody or visitation, based on a claim of paternity, the court shall either determine, in accordance with applicable state law, whether he is the biological father of the child or, after considering the factors in section 5 of this act, deny him the custody of or visitation with the child. If the court determines that he is the biological father, the court shall determine, after considering the factors listed in section 5 of this act, whether to grant him custody or visitation and shall make such other orders as are appropriate. All orders issued under section 4 of this act must be in the child's best interest.

(6) A court order under subsections (1) (b), (c), or (3) of this section, terminating the parental rights of a man, or declaring that no parental rights exist, with respect to the child, is not a determination that the man is or is not the biological father of the child.

(7) Six months after the date of issuance of an order terminating parental rights or declaring that none exist under this section, no person may directly or collaterally challenge the order upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of the court's jurisdiction of the parties or of the subject matter. The running of this period of limitation may not be postponed or suspended for any reason.

NEW SECTION. Sec. 7. This chapter may be known and cited as the uniform putative and unknown fathers act.

NEW SECTION. Sec. 8. 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. 9. Nothing in this act shall be construed to limit any other cause of action permitted by law.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act shall constitute a new chapter in Title 26 RCW.