S-1874               _______________________________________________

                                                   SENATE BILL NO. 6029

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senator Gaspard

Read first time 2/23/89 and referred to Committee on  Law & Justice.

AN ACT Relating to actions for death of a child; and amending RCW 4.24.010.

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

        Sec. 1.  Section 9, page 4, Laws of 1869 as last amended by section 4, chapter 154, Laws of 1973 1st ex. sess. and RCW 4.24.010 are each amended to read as follows:

          The mother or father or both may maintain an action as plaintiff for the injury or death of a ((minor)) child((, or a child on whom either, or both, are dependent for support)):  PROVIDED, That in the case of an illegitimate child the father cannot maintain or join as a party an action unless paternity has been duly established and the father has regularly contributed to the child's support.

          This section creates only one cause of action, but if the parents of the child are not married, are separated, or not married to each other damages may be awarded to each plaintiff separately, as the court finds just and equitable.

          If one parent brings an action under this section and the other parent is not named as a plaintiff, notice of the institution of the suit, together with a copy of the complaint, shall be served upon the other parent:  PROVIDED, That when the mother of an illegitimate child initiates an action, notice shall be required only if paternity has been duly established and the father has regularly contributed to the child's support.

          Such notice shall be in compliance with the statutory requirements for a summons.  Such notice shall state that the other parent must join as a party to the suit within twenty days or the right to recover damages under this section shall be barred.  Failure of the other parent to timely appear shall bar such parent's action to recover any part of an award made to the party instituting the suit.

          In such an action, in addition to damages for medical, hospital, medication expenses, and loss of services and support, damages may be recovered for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship in such amount as, under all the circumstances of the case, may be just.