[atlas:bill]

AN ACT Relating to the uniform parentage act; amending RCW 5.44.140, 5.62.030, 9.41.070, 9.41.800, 74.20.310, 74.20.360, and 74.20A.056; adding new sections to chapter 26.26 RCW; repealing RCW 26.26.010, 26.26.020, 26.26.030, 26.26.035, 26.26.040, 26.26.050, 26.26.060, 26.26.070, 26.26.080, 26.26.090, 26.26.100, 26.26.110, 26.26.120, 26.26.137, 26.26.170, 26.26.180, 26.26.200, 26.26.900, 26.26.901, and 26.26.905; prescribing penalties; and providing an effective date.

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

ARTICLE 1

GENERAL PROVISIONS

NEW SECTION. Sec. 101. SHORT TITLE. This act may be known and cited as the uniform parentage act.

NEW SECTION. Sec. 102. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Acknowledged father" means a man who has established a father-child relationship under sections 301 through 316 of this act.

(2) "Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child.

(3) "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include:

(a) A presumed father;

(b) A man whose parental rights have been terminated or declared not to exist; or

(4) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes:

(a) Intrauterine insemination;

(b) Donation of eggs;

(d) In vitro fertilization and transfer of embryos; and

(e) Intracytoplasmic sperm injection.

(5) "Child" means an individual of any age whose parentage may be determined under this chapter.

(6) "Commence" means to file the petition seeking an adjudication of parentage in a superior court of this state or to serve a summons and the petition.

(7) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under sections 301 through 316 of this act or adjudication by the court.

(8) "Donor" means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. The term does not include:

(a) A husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife; or

(b) A woman who gives birth to a child by means of assisted reproduction, except as otherwise provided in RCW 26.26.210 through 26.26.260.

(9) "Ethnic or racial group" means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of his or her ancestry or that is so identified by other information.

(10) "Genetic testing" means an analysis of genetic markers only to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one or a combination of the following:

(a) Deoxyribonucleic acid; and

(b) Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes.

(11) "Man" means a male individual of any age.

(12) "Parent" means an individual who has established a parent-child relationship under section 201 of this act.

(13) "Parent-child relationship" means the legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship.

(14) "Paternity index" means the likelihood of paternity calculated by computing the ratio between:

(a) The likelihood that the tested man is the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is the father of the child; and

(b) The likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is from the same ethnic or racial group as the tested man.

(15) "Presumed father" means a man who, under section 204 of this act, is recognized to be the father of a child until that status is rebutted or confirmed in a judicial proceeding.

(16) "Probability of paternity" means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the individual in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability.

(17) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(18) "Signatory" means an individual who authenticates a record and is bound by its terms.

(19) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States, or an Indian tribe or band, or Alaskan native village, that is recognized by federal law or formally acknowledged by state law.

(20) "Support enforcement agency" means a public official or agency authorized to seek:

(a) Enforcement of support orders or laws relating to the duty of support;

(b) Establishment or modification of child support;

(d) Location of child support obligors and their income and assets.

NEW SECTION. Sec. 103. SCOPE OF ACT‑-CHOICE OF LAW. (1) This chapter governs every determination of parentage in this state.

(2) The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on:

(a) The place of birth of the child; or

(b) The past or present residence of the child.

(3) This chapter does not create, enlarge, or diminish parental rights or duties under other law of this state.

(4) If a birth results under a surrogate parentage contract that is unenforceable under the law of this state, the parent-child relationship is determined as provided in sections 201 through 204 of this act.

NEW SECTION. Sec. 104. COURT OF THIS STATE. The superior courts of this state are authorized to adjudicate parentage under this chapter.

NEW SECTION. Sec. 105. PROTECTION OF PARTICIPANTS. Proceedings under this chapter are subject to other law of this state governing the health, safety, privacy, and liberty of a child or other individuals that could be jeopardized by disclosure of identifying information, including the address, telephone number, place of employment, social security number, and the child's day-care facility and school.

NEW SECTION. Sec. 106. DETERMINATION OF MATERNITY. The provisions relating to determination of paternity may be applied to a determination of maternity.

ARTICLE 2

PARENT-CHILD RELATIONSHIP

NEW SECTION. Sec. 201. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP. (1) The mother-child relationship is established between a child and a woman by:

(a) The woman's having given birth to the child, except as otherwise provided in RCW 26.26.210 through 26.26.260;

(b) An adjudication of the woman's maternity;

(d) A valid surrogate parentage contract, under which the mother is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260.

(2) The father-child relationship is established between a child and a man by:

(a) An unrebutted presumption of the man's paternity of the child under section 204 of this act;

(b) The man's having signed an acknowledgment of paternity under sections 301 through 316 of this act, unless the acknowledgment has been rescinded or successfully challenged;

(d) Adoption of the child by the man;

(e) The man's having consented to assisted reproduction by his wife under sections 701 through 707 of this act that resulted in the birth of the child; or

(f) A valid surrogate parentage contract, under which the father is an intended parent of the child, as provided in RCW 26.26.210 through 26.26.260.

NEW SECTION. Sec. 202. NO DISCRIMINATION BASED ON MARITAL STATUS. A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.

NEW SECTION. Sec. 203. CONSEQUENCES OF ESTABLISHMENT OF PARENTAGE. Unless parental rights are terminated, the parent-child relationship established under this chapter applies for all purposes, except as otherwise provided by other law of this state.

NEW SECTION. Sec. 204. PRESUMPTION OF PATERNITY IN CONTEXT OF MARRIAGE. (1) A man is presumed to be the father of a child if:

(a) He and the mother of the child are married to each other and the child is born during the marriage;

(b) He and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity;

(c) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is, or could be, declared invalid and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity; or

(d) After the birth of the child, he and the mother of the child have married each other in apparent compliance with law, whether or not the marriage is, or could be declared invalid, and he voluntarily asserted his paternity of the child, and:

(i) The assertion is in a record filed with the state registrar of vital statistics;

(ii) Agreed to be and is named as the child's father on the child's birth certificate; or

(iii) Promised in a record to support the child as his own.

(2) A presumption of paternity established under this section may be rebutted only by an adjudication under sections 601 through 637 of this act.

ARTICLE 3

VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

NEW SECTION. Sec. 301. ACKNOWLEDGMENT OF PATERNITY. The mother of a child and a man claiming to be the father of the child conceived as the result of his sexual intercourse with the mother may sign an acknowledgment of paternity with intent to establish the man's paternity.

NEW SECTION. Sec. 302. EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. (1) An acknowledgment of paternity must:

(a) Be in a record;

(b) Be signed under penalty of perjury by the mother and by the man seeking to establish his paternity;

(i) Does not have a presumed father, or has a presumed father whose full name is stated; and

(ii) Does not have another acknowledged or adjudicated father;

(d) State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and

(e) State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years.

(2) An acknowledgment of paternity is void if it:

(a) States that another man is a presumed father, unless a denial of paternity signed by the presumed father is filed with the state registrar of vital statistics;

(b) States that another man is an acknowledged or adjudicated father; or

(3) A presumed father may sign an acknowledgment of paternity.

NEW SECTION. Sec. 303. DENIAL OF PATERNITY. A presumed father of a child may sign a denial of his paternity. The denial is valid only if:

(1) An acknowledgment of paternity signed by another man is filed under section 305 of this act;

(2) The denial is in a record, and signed under penalty of perjury; and

(3) The presumed father has not previously:

(a) Acknowledged his paternity, unless the previous acknowledgment has been rescinded under section 307 of this act or successfully challenged under section 308 of this act; or

(b) Been adjudicated to be the father of the child.

NEW SECTION. Sec. 304. RULES FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY. (1) An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously.

(2) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.

(3) An acknowledgment and denial of paternity, if any, take effect on the birth of the child or the filing of the document with the state registrar of vital statistics, whichever occurs later.

(4) An acknowledgment or denial of paternity signed by a minor is valid if otherwise in compliance with this chapter.

NEW SECTION. Sec. 305. EFFECT OF ACKNOWLEDGMENT OR DENIAL OF PATERNITY. (1) Except as otherwise provided in sections 307 and 308 of this act, a valid acknowledgment of paternity filed with the state registrar of vital statistics is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all the rights and duties of a parent.

(2) Except as otherwise provided in sections 307 and 308 of this act, a valid denial of paternity filed with the state registrar of vital statistics in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all of the rights and duties of a parent.

NEW SECTION. Sec. 306. FILING FEE. The state registrar of vital statistics may charge a fee for filing an acknowledgment or denial of paternity.

NEW SECTION. Sec. 307. PROCEEDING FOR RESCISSION. A signatory may rescind an acknowledgment or denial of paternity by commencing a court proceeding to rescind before the earlier of:

(1) Sixty days after the effective date of the filing of the acknowledgment or denial, as provided in section 304 of this act; or

(2) The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.

NEW SECTION. Sec. 308. CHALLENGE AFTER EXPIRATION OF TIME FOR RESCISSION. (1) After the period for rescission under section 307 of this act has elapsed, a signatory of an acknowledgment or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:

(a) On the basis of fraud, duress, or material mistake of fact; and

(b) Within two years after the acknowledgment or denial is filed with the state registrar of vital statistics.

(2) A party challenging an acknowledgment or denial of paternity has the burden of proof.

NEW SECTION. Sec. 309. PROCEDURE FOR RESCISSION OR CHALLENGE. (1) Every signatory to an acknowledgment or denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial.

(2) For the purpose of rescission of, or challenge to, an acknowledgment or denial of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing of the document with the state registrar of vital statistics.

(3) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from an acknowledgment, including the duty to pay child support.

(4) A proceeding to rescind or to challenge an acknowledgment or denial of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under sections 601 through 637 of this act.

(5) At the conclusion of a proceeding to rescind or challenge an acknowledgment or denial of paternity, the court shall order the state registrar of vital statistics to amend the birth record of the child, if appropriate.

NEW SECTION. Sec. 310. RATIFICATION BARRED. A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity.

NEW SECTION. Sec. 311. FULL FAITH AND CREDIT. A court of this state shall give full faith and credit to an acknowledgment or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.

NEW SECTION. Sec. 312. FORMS FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY. (1) To facilitate compliance with sections 301 through 311 of this act, the state registrar of vital statistics shall prescribe forms for the acknowledgment and the denial of paternity.

(2) A valid acknowledgment or denial of paternity is not affected by a later modification of the prescribed form.

NEW SECTION. Sec. 313. RELEASE OF INFORMATION. The state registrar of vital statistics may release information relating to the acknowledgment or denial of paternity, not expressly sealed under a court order, to: (1) A signatory of the acknowledgment or denial or their attorneys of record; (2) the courts of this or any other state; (3) the agencies of this or any other state operating a child support program under Title IV-D of the social security act; or (4) the agencies of this or any other state involved in a dependency determination for a child named in the acknowledgement or denial of paternity.

NEW SECTION. Sec. 314. ADOPTION OF RULES. The state registrar of vital statistics may adopt rules to implement sections 301 through 316 of this act.

NEW SECTION. Sec. 315. (1) Sections 301 through 316 of this act apply to all acknowledgments of paternity executed on or after July 1, 1997.

(2) A man who executed an acknowledgment of paternity before July 1, 1997, is rebuttably identified as the father of the child named therein. Any dispute of the parentage, custody, visitation, or support of the child named therein shall be determined in a proceeding to adjudicate the child's parentage commenced under sections 601 through 637 of this act.

NEW SECTION. Sec. 316. (1) After the period for rescission of an acknowledgment of paternity provided in section 307 of this act has passed, a parent executing an acknowledgment of paternity of the child named therein may commence a judicial proceeding for:

(a) Making residential provisions or a parenting plan with regard to the minor child on the same basis as provided in chapter 26.09 RCW; or

(b) Establishing a child support obligation under chapter 26.19 RCW and maintaining health insurance coverage under RCW 26.09.105.

(2) Pursuant to RCW 26.09.010(3), a proceeding authorized by this section shall be entitled "In re the parenting and support of...."

(3) Before the period for a challenge to the acknowledgment or denial of paternity has elapsed under section 308 of this act, the petitioner must specifically allege under penalty of perjury, to the best of the petitioner's knowledge, that: (a) No man other than the man who executed the acknowledgment of paternity is the father of the child; (b) there is not currently pending a proceeding to adjudicate the parentage of the child or that another man is adjudicated the child's father; and (c) the petitioner has provided notice of the proceeding to any other men who have claimed parentage of the child. Should the respondent or any other person appearing in the action deny the allegations, a permanent parenting plan or residential schedule may not be entered for the child without the matter being converted to a proceeding to challenge the acknowledgment of paternity under sections 308 and 309 of this act. A copy of the acknowledgment of paternity must be filed with the petition or response. The court may convert the matter to a proceeding to challenge the acknowledgment on its own motion.

ARTICLE 4

REGISTRY OF PATERNITY

PART 1

GENERAL PROVISIONS

NEW SECTION. Sec. 401. ESTABLISHMENT OF REGISTRY. A registry of paternity is established in the state registrar of vital statistics.

NEW SECTION. Sec. 402. REGISTRATION FOR NOTIFICATION. (1) Except as otherwise provided in subsection (2) of this section or section 405 of this act, a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered must register in the registry of paternity before the birth of the child or no later than thirty days after the birth.

(2) A man is not required to register if:

(a) A father-child relationship between the man and the child has been established under this chapter or other law; or

(b) The man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.

(3) A registrant shall promptly notify the registry in a record of any change in the information registered. The state registrar of vital statistics shall incorporate all new information received into its records but need not affirmatively seek to obtain current information for incorporation in the registry.

NEW SECTION. Sec. 403. NOTICE OF PROCEEDING. Notice of a proceeding for the adoption of, or termination of parental rights regarding, a child must be given to a registrant who has timely registered. Notice must be given in a manner prescribed for service of process in a civil action.

NEW SECTION. Sec. 404. TERMINATION OF PARENTAL RIGHTS: CHILD LESS THAN ONE YEAR OF AGE. The parental rights of a man who may be the father of a child may be terminated without notice if:

(1) The child has not attained one year of age at the time of the termination of parental rights;

(2) The man did not register timely with the state registrar of vital statistics; and

(3) The man is not exempt from registration under section 402 of this act.

NEW SECTION. Sec. 405. TERMINATION OF PARENTAL RIGHTS: CHILD AT LEAST ONE YEAR OF AGE. (1) If a child has attained one year of age, notice of a proceeding for adoption of, or termination of parental rights regarding, the child must be given to a man who may be the child's father, whether or not he has registered with the state registrar of vital statistics.

(2) Notice must be given in a manner prescribed for service of process in a civil action.

PART 2

OPERATION OF REGISTRY

NEW SECTION. Sec. 411. REQUIRED FORM. The state registrar of vital statistics shall prepare a form for registering with the agency. The form must be signed by the registrant. The form must contain a notice to the registrant that he signs the form under penalty of perjury. The form must also provide notice to the registrant that:

(1) A timely registration entitles the registrant to notice of a proceeding for adoption of the child or termination of the registrant's parental rights;

(2) A timely registration does not commence a proceeding to establish paternity;

(3) The information disclosed on the form may be used against the registrant to establish paternity;

(4) Services to assist in establishing paternity are available to him through the support enforcement agency;

(5) He should also register in another state if conception or birth of the child occurred in the other state;

(6) Information on registries of other states is available from the state registrar of vital statistics; and

(7) Procedures exist to rescind the registration of a claim of paternity.

NEW SECTION. Sec. 412. FURNISHING OF INFORMATION‑-CONFIDENTIALITY. (1) The state registrar of vital statistics need not seek to locate the mother of a child who is the subject of a registration, but, if the mother's address has been provided, the state registrar of vital statistics shall send a copy of the notice of the registration to her at that address.

(2) Information contained in the registry is confidential and may be released on request only to:

(a) A court or other person designated by the court;

(b) The mother of the child who is the subject of the registration;

(d) A licensed child-placing agency;

(e) A support enforcement agency;

(f) A party or the party's attorney of record in a proceeding under this chapter or in a proceeding for adoption of, or for termination of parental rights regarding, a child who is the subject of the registration; and

(g) The registry of paternity in another state.

NEW SECTION. Sec. 413. PENALTY FOR RELEASING INFORMATION. An individual commits a gross misdemeanor punishable under RCW 9.92.020 if the individual intentionally releases information from the registry to another individual or agency not authorized to receive the information under section 412 of this act.

NEW SECTION. Sec. 414. RESCISSION OF REGISTRATION. A registrant may rescind his registration at any time by sending to the registry a written rescission signed by him and witnessed or notarized.

NEW SECTION. Sec. 415. UNTIMELY REGISTRATION. If a man registers more than thirty days after the birth of the child, the state registrar of vital statistics shall notify the registrant that on its face his registration was not filed timely.

NEW SECTION. Sec. 416. FEES FOR REGISTRY. (1) A fee may not be charged for filing a registration or a rescission of registration.

(2) Except as otherwise provided in subsection (3) of this section, the state registrar of vital statistics may charge a reasonable fee for making a search of the registry and for furnishing a certificate.

(3) A support enforcement agency is not required to pay a fee authorized by subsection (2) of this section.

PART 3

SEARCH OF REGISTRIES

NEW SECTION. Sec. 421. SEARCH OF APPROPRIATE REGISTRY. (1) If a father-child relationship has not been established under this chapter for a child under one year of age, a petitioner for adoption of or termination of parental rights regarding the child must obtain a certificate of search of the registry of paternity.

(2) If the petitioner for adoption of, or termination of parental rights regarding, a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner must also obtain a certificate of search of the registry of paternity, if any, in that state.

NEW SECTION. Sec. 422. CERTIFICATE OF SEARCH OF REGISTRY. (1) The state registrar of vital statistics shall furnish a certificate of search of the registry on request of an individual, court, or agency identified in section 412 of this act.

(2) A certificate provided by the state registrar of vital statistics must be signed on behalf of the state registrar of vital statistics and state that:

(a) A search has been made of the registry; and

(b) A registration containing the information required to identify the registrant:

(i) Has been found and is attached to the certificate of search; or

(ii) Has not been found.

(3) A petitioner must file the certificate of search with the court before a proceeding for adoption of, or termination of parental rights regarding, a child may be concluded.

NEW SECTION. Sec. 423. ADMISSIBILITY OF REGISTERED INFORMATION. A certificate of search of the registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of parental rights regarding, a child and, if relevant, in other legal proceedings.

ARTICLE 5

GENETIC TESTING

NEW SECTION. Sec. 501. SCOPE. Sections 502 through 511 of this act govern genetic testing of an individual only to determine parentage, whether the individual:

(1) Voluntarily submits to testing; or

(2) Is tested pursuant to an order of the court or a support enforcement agency.

NEW SECTION. Sec. 502. ORDER FOR TESTING. (1) Except as otherwise provided in this section and sections 503 through 637 of this act, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:

(a) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or

(b) Denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.

(2) A support enforcement agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated father.

(3) If a request for genetic testing of a child is made before birth, the court or support enforcement agency may not order in utero testing.

(4) If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.

NEW SECTION. Sec. 503. REQUIREMENTS FOR GENETIC TESTING. (1) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:

(a) The American association of blood banks, or a successor to its functions;

(b) The American society for histocompatibility and immunogenetics, or a successor to its functions; or

(2) A specimen used in genetic testing may consist of one or more samples or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.

(3) Based on the ethnic or racial group of an individual, the testing laboratory shall determine the data bases from which to select frequencies for use in the calculations. If there is disagreement as to the testing laboratory's choice, the following rules apply:

(a) The individual objecting may require the testing laboratory, within thirty days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory.

(b) The individual objecting to the testing laboratory's initial choice shall:

(i) If the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or

(ii) Engage another testing laboratory to perform the calculations.

(c) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.

(4) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under section 505 of this act, an individual who has been tested may be required to submit to additional genetic testing.

NEW SECTION. Sec. 504. REPORT OF GENETIC TESTING. (1) The report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this section is self-authenticating.

(2) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:

(a) The names and photographs of the individuals whose specimens have been taken;

(b) The names of the individuals who collected the specimens;

(d) The names of the individuals who received the specimens in the testing laboratory; and

(e) The dates the specimens were received.

NEW SECTION. Sec. 505. GENETIC TESTING RESULTS‑-REBUTTAL. (1) Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with this section and sections 501 through 504 and 506 through 511 of this act and the results disclose that:

(a) The man has at least a ninety-nine percent probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and

(b) A combined paternity index of at least one hundred to one.

(2) A man identified under subsection (1) of this section as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this section and sections 501 through 504 and 506 through 511 of this act which:

(a) Excludes the man as a genetic father of the child; or

(b) Identifies another man as the father of the child.

(3) Except as otherwise provided in section 510 of this act, if more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father.

NEW SECTION. Sec. 506. COSTS OF GENETIC TESTING. (1) Subject to assessment of costs under sections 601 through 637 of this act, the cost of initial genetic testing must be advanced:

(a) By a support enforcement agency in a proceeding in which the support enforcement agency is providing services;

(b) By the individual who made the request;

(d) As ordered by the court.

(2) In cases in which the cost is advanced by the support enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.

NEW SECTION. Sec. 507. ADDITIONAL GENETIC TESTING. The court or the support enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under section 505 of this act, the court or agency may not order additional testing unless the party provides advance payment for the testing.

NEW SECTION. Sec. 508. GENETIC TESTING WHEN SPECIMEN NOT AVAILABLE. (1) If a genetic testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, a court may order the following individuals to submit specimens for genetic testing:

(a) The parents of the man;

(b) Brothers and sisters of the man;

(d) Other relatives of the man necessary to complete genetic testing.

(2) If a specimen from the mother of a child is not available for genetic testing, the court may order genetic testing to proceed without a specimen from the mother.

(3) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.

NEW SECTION. Sec. 509. DECEASED INDIVIDUAL. For good cause shown, the court may order genetic testing of a deceased individual.

NEW SECTION. Sec. 510. IDENTICAL BROTHERS. (1) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.

(2) If genetic testing excludes none of the brothers as the genetic father, and each brother satisfies the requirements as the identified father of the child under section 505 of this act without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.

NEW SECTION. Sec. 511. CONFIDENTIALITY OF GENETIC TESTING. (1) Release of the report of genetic testing for parentage is controlled by chapter 70.02 RCW.

(2) An individual commits a gross misdemeanor punishable under RCW 9.92.020 if the individual intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen.

ARTICLE 6

PROCEEDING TO ADJUDICATE PARENTAGE

PART 1

NATURE OF PROCEEDING

NEW SECTION. Sec. 601. PROCEEDING AUTHORIZED. A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the rules of civil procedure.

NEW SECTION. Sec. 602. STANDING TO MAINTAIN PROCEEDING. Subject to sections 301 through 316, 607, and 609 of this act, a proceeding to adjudicate parentage may be maintained by:

(1) The child;

(2) The mother of the child;

(3) A man whose paternity of the child is to be adjudicated;

(4) The division of child support;

(5) An authorized adoption agency or licensed child-placing agency;

(6) A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or

(7) An intended parent under a surrogate parentage contract, as provided in RCW 26.26.210 through 26.26.260.

NEW SECTION. Sec. 603. PARTIES TO PROCEEDING. The following individuals must be joined as parties in a proceeding to adjudicate parentage:

(1) The mother of the child;

(2) A man whose paternity of the child is to be adjudicated; and

(3) An intended parent under a surrogate parentage contract, as provided in RCW 26.26.210 through 26.26.260.

NEW SECTION. Sec. 604. PERSONAL JURISDICTION. (1) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.

(2) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in RCW 26.21.075 are fulfilled.

(3) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.

NEW SECTION. Sec. 605. VENUE. Venue for a proceeding to adjudicate parentage is in the county of this state in which:

(1) The child resides or is found;

(2) The respondent resides or is found if the child does not reside in this state; or

(3) A proceeding for probate of the presumed or alleged father's estate has been commenced.

NEW SECTION. Sec. 606. NO LIMITATION: CHILD HAVING NO PRESUMED, ACKNOWLEDGED, OR ADJUDICATED FATHER. A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time during the life of the child, even after:

(1) The child becomes an adult; or

(2) An earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.

NEW SECTION. Sec. 607. LIMITATION: CHILD HAVING PRESUMED FATHER. (1) Except as otherwise provided in subsection (2) of this section, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than two years after the birth of the child.

(2) A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that:

(a) The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and

(b) The presumed father never openly treated the child as his own.

NEW SECTION. Sec. 608. AUTHORITY TO DENY GENETIC TESTING. (1) In a proceeding to adjudicate parentage under circumstances described in section 607 of this act, a court may deny genetic testing of the mother, the child, and the presumed father if the court determines that:

(a) The conduct of the mother or the presumed father estops that party from denying parentage; and

(b) It would be inequitable to disprove the father-child relationship between the child and the presumed father.

(2) In determining whether to deny genetic testing under this section, the court shall consider the best interest of the child, including the following factors:

(a) The length of time between the proceeding to adjudicate parentage and the time that the presumed father was placed on notice that he might not be the genetic father;

(b) The length of time during which the presumed father has assumed the role of father of the child;

(d) The nature of the father-child relationship;

(e) The age of the child;

(f) The harm to the child which may result if presumed paternity is successfully disproved;

(g) The relationship of the child to any alleged father;

(h) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and

(i) Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed father or the chance of other harm to the child.

(3) In a proceeding involving the application of this section, the child must be represented by a guardian ad litem.

(4) A denial of genetic testing must be based on clear and convincing evidence.

(5) If the court denies genetic testing, it shall issue an order adjudicating the presumed father to be the father of the child.

NEW SECTION. Sec. 609. LIMITATION: CHILD HAVING ACKNOWLEDGED OR ADJUDICATED FATHER. (1) If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity must commence any proceeding seeking to rescind or challenge the paternity of that child only within the time allowed under section 307 or 308 of this act.

(2) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment nor a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication.

NEW SECTION. Sec. 610. JOINDER OF PROCEEDINGS. (1) Except as provided in subsection (2) of this section, a proceeding to adjudicate parentage may be joined with a proceeding for: Adoption or termination of parental rights under chapter 26.33 RCW; determination of a parenting plan, child support, annulment, dissolution of marriage, or legal separation under chapter 26.09 or 26.19 RCW; or probate or administration of an estate under chapter 11.48 or 11.54 RCW, or other appropriate proceeding.

(2) A respondent may not join the proceedings described in subsection (1) of this section with a proceeding to adjudicate parentage brought under chapter 26.21 RCW.

NEW SECTION. Sec. 611. PROCEEDING BEFORE BIRTH. Although a proceeding to determine parentage may be commenced before the birth of the child, the proceeding may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child:

(1) Service of process;

(2) Discovery;

(3) Except as prohibited by section 502 of this act, collection of specimens for genetic testing; and

(4) Temporary orders authorized under section 624 of this act.

NEW SECTION. Sec. 612. CHILD AS PARTY‑-REPRESENTATION. (1) A minor child is a permissible party, but is not a necessary party to a proceeding under sections 601 through 637 of this act.

(2) If the child is a party, or if the court finds that the interests of a minor child or incapacitated child are not adequately represented, the court shall appoint a guardian ad litem to represent the child, subject to RCW 74.20.310 neither the child's mother or father may represent the child as guardian or otherwise.

PART 2

SPECIAL RULES FOR PROCEEDING TO ADJUDICATE PARENTAGE

NEW SECTION. Sec. 621. ADMISSIBILITY OF RESULTS OF GENETIC TESTING‑-EXPENSES. (1) Except as otherwise provided in subsection (3) of this section, a record of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within fourteen days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:

(a) Voluntarily or under an order of the court or a support enforcement agency; or

(b) Before or after the commencement of the proceeding.

(2) A party objecting to the results of genetic testing may call one or more genetic testing experts to testify in person or by telephone, videoconference, deposition, or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.

(3) If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:

(a) With the consent of both the mother and the presumed, acknowledged, or adjudicated father; or

(b) Under an order of the court under section 502 of this act.

(4) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child that are furnished to the adverse party not less than ten days before the date of a hearing are admissible to establish:

(a) The amount of the charges billed; and

(b) That the charges were reasonable, necessary, and customary.

NEW SECTION. Sec. 622. CONSEQUENCES OF DECLINING GENETIC TESTING. (1) An order for genetic testing is enforceable by contempt.

(2) If an individual whose paternity is being determined declines to submit to genetic testing as ordered by the court, the court may on that basis adjudicate parentage contrary to the position of that individual.

(3) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.

NEW SECTION. Sec. 623. ADMISSION OF PATERNITY AUTHORIZED. (1) A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.

(2) If the court finds that the admission of paternity was made under this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.

NEW SECTION. Sec. 624. TEMPORARY ORDER. This section applies to any proceeding under sections 601 through 637 of this act. (1) The court shall issue a temporary order for support of a child if the individual ordered to pay support:

(a) Is a presumed father of the child;

(b) Is petitioning to have his paternity adjudicated or has admitted paternity in pleadings filed with the court;

(d) Has declined to submit to genetic testing but is shown by clear and convincing evidence to be the father of the child; or

(e) Is the mother of the child.

(2) A temporary order may, on the same basis as provided in chapter 26.09 RCW, make residential provisions with regard to minor children of the parties, except that a parenting plan is not required unless requested by a parent.

(3) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:

(a) Molesting or disturbing the peace of another party;

(b) Going onto the grounds of or entering the home, workplace, or school of another party or the day care or school of any child;

(d) Removing a child from the jurisdiction of the court.

(4) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

(5) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

(6) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

(7) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

(8) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

(9) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

(10) A temporary order, temporary restraining order, or preliminary injunction:

(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified;

(d) May be entered in a proceeding for the modification of an existing order.

(11) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.

PART 3

HEARINGS AND ADJUDICATION

NEW SECTION. Sec. 631. RULES FOR ADJUDICATION OF PATERNITY. The court shall apply the following rules to adjudicate the paternity of a child:

(1) The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man to be the father of the child.

(2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, the man identified as the father of the child under section 505 of this act must be adjudicated the father of the child.

(3) If the court finds that genetic testing under section 505 of this act neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, along with other evidence, are admissible to adjudicate the issue of paternity.

(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.

NEW SECTION. Sec. 632. JURY PROHIBITED. The court, without a jury, shall adjudicate parentage of a child.

NEW SECTION. Sec. 633. HEARINGS‑-INSPECTION OF RECORDS. (1) On request of a party and for good cause shown, the court may close a proceeding under this section and sections 601 through 632 and 634 through 637 of this act.

(2) A final order in a proceeding under this section and sections 601 through 632 and 634 through 637 of this act is available for public inspection. Other papers and records are available only with the consent of the parties or on order of the court for good cause.

NEW SECTION. Sec. 634. ORDER ON DEFAULT. The court shall issue an order adjudicating the paternity of a man who:

(1) After service of process, is in default; and

(2) Is found by the court to be the father of a child.

NEW SECTION. Sec. 635. DISMISSAL FOR WANT OF PROSECUTION. The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution with prejudice is void and may be challenged in another judicial or an administrative proceeding.

NEW SECTION. Sec. 636. ORDER ADJUDICATING PARENTAGE. (1) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.

(2) An order adjudicating parentage must identify the child by name and age.

(3) Except as otherwise provided in subsection (4) of this section, the court may assess filing fees, reasonable attorneys' fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this section and sections 601 through 635 and 637 of this act. The court may award attorneys' fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name.

(4) The court may not assess fees, costs, or expenses against the support enforcement agency of this state or another state, except as provided by other law.

(5) On request of a party and for good cause shown, the court may order that the name of the child be changed.

(6) If the order of the court is at variance with the child's birth certificate, the court shall order the state registrar of vital statistics to issue an amended birth certificate.

NEW SECTION. Sec. 637. BINDING EFFECT OF DETERMINATION OF PARENTAGE. (1) Except as otherwise provided in subsection (2) of this section, a determination of parentage is binding on:

(a) All signatories to an acknowledgment or denial of paternity as provided in sections 301 through 316 of this act; and

(b) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of RCW 26.21.075.

(2) A child is not bound by a determination of parentage under this chapter unless:

(a) The acknowledgment of paternity is consistent with the results of the genetic testing;

(b) The adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or

(3) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of RCW 26.21.075, and the final order:

(a) Expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the husband is the father of the child; or

(b) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.

(4) Except as otherwise provided in subsection (2) of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.

(5) A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, and other judicial review.

ARTICLE 7

CHILD OF ASSISTED REPRODUCTION

NEW SECTION. Sec. 701. SCOPE OF ARTICLE. Sections 702 through 707 of this act do not apply to the birth of a child conceived by means of sexual intercourse.

NEW SECTION. Sec. 702. PARENTAL STATUS OF DONOR. A donor is not a parent of a child conceived by means of assisted reproduction.

NEW SECTION. Sec. 703. HUSBAND'S PATERNITY OF CHILD OF ASSISTED REPRODUCTION. If a husband provides sperm for, or consents to, assisted reproduction by his wife as provided in section 704 of this act, he is the father of a resulting child born to his wife.

NEW SECTION. Sec. 704. CONSENT TO ASSISTED REPRODUCTION. (1) A consent to assisted reproduction by a married woman must be in a record signed by the woman and her husband. This requirement does not apply to the donation of eggs for assisted reproduction by another woman.

(2) Failure of the husband to sign a consent required by subsection (1) of this section, before or after birth of the child, does not preclude a finding that the husband is the father of a child born to his wife if the wife and husband openly treated the child as their own.

NEW SECTION. Sec. 705. LIMITATION ON HUSBAND'S DISPUTE OF PATERNITY. (1) Except as otherwise provided in subsection (2) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:

(a) Within two years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and

(b) The court finds that he did not consent to the assisted reproduction, before or after birth of the child.

(2) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:

(a) The husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife;

(b) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and

(3) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.

NEW SECTION. Sec. 706. EFFECT OF DISSOLUTION OF MARRIAGE. (1) If a marriage is dissolved before placement of eggs, sperm, or an embryo, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.

(2) The consent of the former spouse to assisted reproduction may be revoked by that individual in a record at any time before placement of eggs, sperm, or embryos.

NEW SECTION. Sec. 707. PARENTAL STATUS OF DECEASED SPOUSE. If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur after death, the deceased spouse would be a parent of the child.

ARTICLE 8

MISCELLANEOUS PROVISIONS

Sec. 801. RCW 5.44.140 and 1990 c 175 s 1 are each amended 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 country 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. Except as provided in ((~~RCW 26.26.040 (1)(f) and (2)~~)) section 204(2) of this act, 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. 802. RCW 5.62.030 and 1986 c 212 s 2 are each amended to read as follows:

Notwithstanding anything to the contrary in this chapter, the privilege created in this chapter is subject to the same limitations and exemptions contained in RCW ((~~26.26.120,~~)) 26.44.060(3)((,)) and 51.04.050 as those limitations and exemptions relate to the physician/patient privilege of RCW 5.60.060.

Sec. 803. RCW 9.41.070 and 1999 c 222 s 2 are each amended to read as follows:

(1) The chief of police of a municipality or the sheriff of a county shall within thirty days after the filing of an application of any person, issue a license to such person to carry a pistol concealed on his or her person within this state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.

The applicant's constitutional right to bear arms shall not be denied, unless:

(a) He or she is ineligible to possess a firearm under the provisions of RCW 9.41.040 or 9.41.045;

(b) The applicant's concealed pistol license is in a revoked status;

(d) He or she is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, ((~~26.26.137,~~)) 26.50.060, ((or)) 26.50.070, or section 624 of this act;

(e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense;

(f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or

(g) He or she has been ordered to forfeit a firearm under RCW 9.41.098(1)(e) within one year before filing an application to carry a pistol concealed on his or her person.

No person convicted of a felony may have his or her right to possess firearms restored or his or her privilege to carry a concealed pistol restored, unless the person has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.

(2) The issuing authority shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 or 9.41.045 to possess a firearm and therefore ineligible for a concealed pistol license. This subsection applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.

(3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.

(4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, not more than two complete sets of fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.

The application for an original license shall include two complete sets of fingerprints to be forwarded to the Washington state patrol.

The license and application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.

The license shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to possess a pistol, the applicant's place of birth, and whether the applicant is a United States citizen. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. A person who is not a citizen of the United States shall meet the additional requirements of RCW 9.41.170 and produce proof of compliance with RCW 9.41.170 upon application. The license shall be in triplicate and in a form to be prescribed by the department of licensing.

The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing the license.

The department of licensing shall make available to law enforcement and corrections agencies, in an on-line format, all information received under this subsection.

(5) The nonrefundable fee, paid upon application, for the original five-year license shall be thirty-six dollars plus additional charges imposed by the Federal Bureau of Investigation that are passed on to the applicant. No other state or local branch or unit of government may impose any additional charges on the applicant for the issuance of the license.

The fee shall be distributed as follows:

(a) Fifteen dollars shall be paid to the state general fund;

(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;

(d) Three dollars to the firearms range account in the general fund.

(6) The nonrefundable fee for the renewal of such license shall be thirty-two dollars. No other branch or unit of government may impose any additional charges on the applicant for the renewal of the license.

The renewal fee shall be distributed as follows:

(a) Fifteen dollars shall be paid to the state general fund;

(b) Fourteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

(7) The nonrefundable fee for replacement of lost or damaged licenses is ten dollars to be paid to the issuing authority.

(8) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.

(9) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (6) of this section. The fee shall be distributed as follows:

(a) Three dollars shall be deposited in the state wildlife fund and used exclusively first for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law, and subsequently the support of volunteer instructors in the basic firearms safety training program conducted by the department of fish and wildlife. The pamphlet shall be given to each applicant for a license; and

(b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

(10) Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section. However, a temporary emergency license issued under this subsection shall not exempt the holder of the license from any records check requirement. Temporary emergency licenses shall be easily distinguishable from regular licenses.

(11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section.

(12) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.

(13) A person may apply for a concealed pistol license:

(a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;

(b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or

Sec. 804. RCW 9.41.800 and 1996 c 295 s 14 are each amended to read as follows:

(1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, ((~~26.26.137,~~)) 26.50.060, ((or)) 26.50.070, or section 624 of this act shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:

(a) Require the party to surrender any firearm or other dangerous weapon;

(b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;

(d) Prohibit the party from obtaining or possessing a concealed pistol license.

(2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, ((~~26.26.137,~~)) 26.50.060, ((or)) 26.50.070, or section 624 of this act may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:

(a) Require the party to surrender any firearm or other dangerous weapon;

(b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;

(d) Prohibit the party from obtaining or possessing a concealed pistol license.

(3) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.

(4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.

(5) The requirements of subsections (1), (2), and (4) of this section may be for a period of time less than the duration of the order.

(6) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding, the chief of police of the municipality having jurisdiction, or to the restrained or enjoined party's counsel or to any person designated by the court.

Sec. 805. RCW 74.20.310 and 1991 c 367 s 45 are each amended to read as follows:

(1) The provisions of ((~~RCW 26.26.090~~)) section 612 of this act requiring appointment of a ((~~general guardian or~~)) guardian ad litem to represent the child in an action brought to determine the parent and child relationship do not apply to actions brought under chapter 26.26 RCW if:

(a) The action is brought by the attorney general on behalf of the department of social and health services and the child; or

(b) The action is brought by any prosecuting attorney on behalf of the state and the child when referral has been made to the prosecuting attorney by the department of social and health services requesting such action.

(2) On the issue of parentage, the attorney general or prosecuting attorney functions as the child's guardian ad litem provided the interests of the state and the child are not in conflict.

(3) The court, on its own motion or on motion of a party, may appoint a guardian ad litem when necessary.

(4) The summons shall contain a notice to the parents that pursuant to section 612 of this act the parents have a right to move the court for a guardian ad litem for the child other than the prosecuting attorney or the attorney general subject to subsection (2) of this section.

Sec. 806. RCW 74.20.360 and 1997 c 58 s 901 are each amended to read as follows:

(1) The division of child support may issue an order for genetic testing when providing services under this chapter and Title IV-D of the federal social security act if genetic testing:

(a) Is appropriate in an action under chapter 26.26 RCW, the uniform parentage act;

(b) Is appropriate in an action to establish support under RCW 74.20A.056; or

(c) Would assist the parties or the division of child support in determining whether it is appropriate to proceed with an action to establish or disestablish paternity.

(2) The order for genetic testing shall be served on the alleged parent or parents and the legal parent by personal service or by any form of mail requiring a return receipt.

(3) Within twenty days of the date of service of an order for genetic testing, any party required to appear for genetic testing, the child, or a guardian on the child's behalf, may petition in superior court under chapter 26.26 RCW to bar or postpone genetic testing.

(4) The order for genetic testing shall contain:

(a) An explanation of the right to proceed in superior court under subsection (3) of this section;

(b) Notice that if no one proceeds under subsection (3) of this section, the agency issuing the order will schedule genetic testing and will notify the parties of the time and place of testing by regular mail;

(c) Notice that the parties must keep the agency issuing the order for genetic testing informed of their residence address and that mailing a notice of time and place for genetic testing to the last known address of the parties by regular mail constitutes valid service of the notice of time and place;

(d) Notice that the order for genetic testing may be enforced through:

(i) Public assistance grant reduction for noncooperation, pursuant to agency rule, if the child and custodian are receiving public assistance;

(ii) Termination of support enforcement services under Title IV-D of the federal social security act if the child and custodian are not receiving public assistance;

(iii) A referral to superior court for an appropriate action under chapter 26.26 RCW; or

(iv) A referral to superior court for remedial sanctions under RCW 7.21.060.

(5) The department may advance the costs of genetic testing under this section.

(6) If an action is pending under chapter 26.26 RCW, a judgment for reimbursement of the cost of genetic testing may be awarded under ((~~RCW 26.26.100~~)) section 621 of this act.

(7) If no action is pending in superior court, the department may impose an obligation to reimburse costs of genetic testing according to rules adopted by the department to implement RCW 74.20A.056.

Sec. 807. RCW 74.20A.056 and 1997 c 58 s 941 are each amended to read as follows:

(1) If an alleged father has signed an affidavit acknowledging paternity which has been filed with the state registrar of vital statistics before July 1, 1997, the division of child support may serve a notice and finding of parental responsibility on him. Procedures for and responsibility resulting from acknowledgments filed after July 1, 1997, are in subsections (8) and (9) of this section. Service of the notice shall be in the same manner as a summons in a civil action or by certified mail, return receipt requested. The notice shall have attached to it a copy of the affidavit or certification of birth record information advising of the existence of a filed affidavit, provided by the state registrar of vital statistics, and shall state that:

(a) The alleged father may file an application for an adjudicative proceeding at which he will be required to appear and show cause why the amount stated in the finding of financial responsibility as to support is incorrect and should not be ordered;

(b) An alleged father may request that a blood or genetic test be administered to determine whether such test would exclude him from being a natural parent and, if not excluded, may subsequently request that the division of child support initiate an action in superior court to determine the existence of the parent-child relationship; and

(c) If the alleged father does not request that a blood or genetic test be administered or file an application for an adjudicative proceeding, the amount of support stated in the notice and finding of parental responsibility shall become final, subject only to a subsequent determination under ((~~RCW 26.26.060~~)) sections 601 through 637 of this act that the parent-child relationship does not exist.

(2) An alleged father who objects to the amount of support requested in the notice may file an application for an adjudicative proceeding up to twenty days after the date the notice was served. An application for an adjudicative proceeding may be filed within one year of service of the notice and finding of parental responsibility without the necessity for a showing of good cause or upon a showing of good cause thereafter. An adjudicative proceeding under this section shall be pursuant to RCW 74.20A.055. The only issues shall be the amount of the accrued debt, the amount of the current and future support obligation, and the reimbursement of the costs of blood or genetic tests if advanced by the department.

(3) If the application for an adjudicative proceeding is filed within twenty days of service of the notice, collection action shall be stayed pending a final decision by the department. If no application is filed within twenty days:

(a) The amounts in the notice shall become final and the debt created therein shall be subject to collection action; and

(b) Any amounts so collected shall neither be refunded nor returned if the alleged father is later found not to be a responsible parent.

(4) An alleged father who denies being a responsible parent may request that a blood or genetic test be administered at any time. The request for testing shall be in writing and served on the division of child support personally or by registered or certified mail. If a request for testing is made, the department shall arrange for the test and, pursuant to rules adopted by the department, may advance the cost of such testing. The department shall mail a copy of the test results by certified mail, return receipt requested, to the alleged father's last known address.

(5) If the test excludes the alleged father from being a natural parent, the division of child support shall file a copy of the results with the state registrar of vital statistics and shall dismiss any pending administrative collection proceedings based upon the affidavit in issue. The state registrar of vital statistics shall remove the alleged father's name from the birth certificate and change the child's surname to be the same as the mother's maiden name as stated on the birth certificate, or any other name which the mother may select.

(6) The alleged father may, within twenty days after the date of receipt of the test results, request the division of child support to initiate an action under ((~~RCW 26.26.060~~)) sections 601 through 637 of this act to determine the existence of the parent-child relationship. If the division of child support initiates a superior court action at the request of the alleged father and the decision of the court is that the alleged father is a natural parent, the alleged father shall be liable for court costs incurred.

(7) If the alleged father does not request the division of child support to initiate a superior court action, or if the alleged father fails to appear and cooperate with blood or genetic testing, the notice of parental responsibility shall become final for all intents and purposes and may be overturned only by a subsequent superior court order entered under ((~~RCW 26.26.060~~)) sections 601 through 637 of this act.

(8)(a) If an alleged father has signed an affidavit acknowledging paternity that has been filed with the state registrar of vital statistics after July 1, 1997, within sixty days from the date of filing of the acknowledgment:

(i) The division of child support may serve a notice and finding of parental responsibility on him as set forth under this section; and

(ii) The alleged father or any other signatory may rescind his acknowledgment of paternity. The rescission shall be notarized and delivered to the state registrar of vital statistics personally or by registered or certified mail. The state registrar shall remove the father's name from the birth certificate and change the child's surname to be the same as the mother's maiden name as stated on the birth certificate or any other name that the mother may select. The state registrar shall file rescission notices in a sealed file. All future paternity actions on behalf of the child in question shall be performed under court order.

(b) If the alleged father does not file an application for an adjudicative proceeding or rescind his acknowledgment of paternity, the amount of support stated in the notice and finding of parental responsibility becomes final, subject only to a subsequent determination under ((~~RCW 26.26.060~~)) sections 601 through 637 of this act that the parent-child relationship does not exist.

(c) An alleged father who objects to the amount of support requested in the notice may file an application for an adjudicative proceeding up to twenty days after the date the notice was served. An application for an adjudicative proceeding may be filed within one year of service of the notice and finding of parental responsibility without the necessity for a showing of good cause or upon a showing of good cause thereafter. An adjudicative proceeding under this section shall be pursuant to RCW 74.20A.055. The only issues shall be the amount of the accrued debt and the amount of the current and future support obligation.

(i) If the application for an adjudicative proceeding is filed within twenty days of service of the notice, collection action shall be stayed pending a final decision by the department.

(ii) If the application for an adjudicative proceeding is not filed within twenty days of the service of the notice, any amounts collected under the notice shall be neither refunded nor returned if the alleged father is later found not to be a responsible parent.

(d) If an alleged father makes a request for genetic testing, the department shall proceed as set forth under RCW 74.20.360.

(e) If the alleged father does not request an adjudicative proceeding, or if the alleged father fails to rescind his filed acknowledgment of paternity, the notice of parental responsibility becomes final for all intents and purposes and may be overturned only by a subsequent superior court order entered under ((~~RCW 26.26.060~~)) sections 601 through 637 of this act.

(9) Affidavits acknowledging paternity that are filed after July 1, 1997, are subject to requirements of chapters 26.26 and 70.58 RCW.

(10) The department and the department of health may adopt rules to implement the requirements under this section.

NEW SECTION. Sec. 808. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

NEW SECTION. Sec. 809. 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. 810. The following acts or parts of acts are each repealed:

(1) RCW 26.26.010 ("Parent and child relationship" defined) and 1975-'76 2nd ex.s. c 42 s 2;

(2) RCW 26.26.020 (Relationship not dependent on marriage) and 1975-'76 2nd ex.s. c 42 s 3;

(3) RCW 26.26.030 (How parent and child relationship established) and 1985 c 7 s 86 & 1975-'76 2nd ex.s. c 42 s 4;

(4) RCW 26.26.035 (Default) and 1994 c 230 s 13;

(5) RCW 26.26.040 (Presumption of paternity) and 1997 c 58 s 938, 1994 c 230 s 14, 1990 c 175 s 2, 1989 c 55 s 4, & 1975-'76 2nd ex.s. c 42 s 5;

(6) RCW 26.26.050 (Artificial insemination) and 1975-'76 2nd ex.s. c 42 s 6;

(7) RCW 26.26.060 (Determination of father and child relationship--Who may bring action--When action may be brought) and 1983 1st ex.s. c 41 s 5 & 1975-'76 2nd ex.s. c 42 s 7;

(8) RCW 26.26.070 (Determination of father and child relationship--Petition to arrest alleged father--Warrant of arrest--Issuance--Grounds--Hearing) and 1975-'76 2nd ex.s. c 42 s 8;

(9) RCW 26.26.080 (Jurisdiction--Venue) and 1975-'76 2nd ex.s. c 42 s 9;

(10) RCW 26.26.090 (Parties) and 1984 c 260 s 31, 1983 1st ex.s. c 41 s 6, & 1975-'76 2nd ex.s. c 42 s 10;

(11) RCW 26.26.100 (Blood or genetic tests) and 1997 c 58 s 946;

(12) RCW 26.26.110 (Evidence relating to paternity) and 1994 c 146 s 2, 1984 c 260 s 33, & 1975-'76 2nd ex.s. c 42 s 12;

(13) RCW 26.26.120 (Civil action--Testimony--Evidence--Jury) and 1994 c 146 s 3, 1984 c 260 s 34, & 1975-'76 2nd ex.s. c 42 s 13;

(14) RCW 26.26.137 (Temporary support--Temporary restraining order‑-Preliminary injunction--Domestic violence or antiharassment protection order--Notice of modification or termination of restraining order--Support debts, notice) and 2000 c 119 s 11, 1995 c 246 s 32, 1994 sp.s. c 7 s 456, & 1983 1st ex.s. c 41 s 12;

(15) RCW 26.26.170 (Action to determine mother and child relationship) and 1975-'76 2nd ex.s. c 42 s 18;

(16) RCW 26.26.180 (Promise to render support) and 1983 1st ex.s. c 41 s 9 & 1975-'76 2nd ex.s. c 42 s 19;

(17) RCW 26.26.200 (Hearing or trials to be in closed court--Records confidential) and 1983 1st ex.s. c 41 s 10 & 1975-'76 2nd ex.s. c 42 s 21;

(18) RCW 26.26.900 (Uniformity of application and construction) and 1975-'76 2nd ex.s. c 42 s 42;

(19) RCW 26.26.901 (Short title) and 1975-'76 2nd ex.s. c 42 s 43; and

(20) RCW 26.26.905 (Severability--1975-'76 2nd ex.s. c 42) and 1975-'76 2nd ex.s. c 42 s 44.

NEW SECTION. Sec. 811. TRANSITIONAL PROVISION. A proceeding to adjudicate parentage which was commenced before the effective date of this act is governed by the law in effect at the time the proceeding was commenced.

NEW SECTION. Sec. 812. CAPTIONS, ARTICLE DESIGNATIONS, AND ARTICLE HEADINGS NOT LAW. Captions, article designations, and article headings used in this chapter are not any part of the law.

NEW SECTION. Sec. 813. EFFECTIVE DATE. This act takes effect July 1, 2002.

NEW SECTION. Sec. 814. Sections 101 through 707, 808, 809, and 811 through 813 of this act are each added to chapter 26.26 RCW.