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,
74.20A.056, and 70.58.080; 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. 1. SHORT
TITLE. This act may be known and cited as the uniform
parentage act.
NEW SECTION. Sec. 2.
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
(c) A male donor.
(4) "Assisted reproduction" means
a method of causing pregnancy other than sexual intercourse. The term
includes:
(a) Intrauterine insemination;
(b) Donation of eggs;
(c) Donation of embryos;
(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 or section 608 of this act.
(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;
(c) Determination of parentage; or
(d) Location of child support obligors and
their income and assets.
NEW SECTION. Sec. 3. 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. 4. COURT
OF THIS STATE. The superior courts of this state are authorized to adjudicate
parentage under this chapter.
NEW SECTION. Sec. 5.
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. 6.
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;
(c) Adoption of the child by the woman;
(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; or
(e) An affidavit and physician's certificate
in a form prescribed by the department of health wherein the donor of ovum or
surrogate gestation carrier sets forth her intent to be legally bound as the
parent of a child or children born through alternative reproductive medical
technology by filing the affidavit and physician's certificate with the
registrar of vital statistics within ten days after the date of the child's
birth pursuant to section 608 of this act.
(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;
(c) An adjudication of the man's paternity;
(d) Adoption of the child by the man;
(e) The man's having consented to assisted
reproduction by his wife under sections 601 through 607 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 501
through 537 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;
(c) State that the child whose paternity is
being acknowledged:
(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
(c) Falsely denies the existence of a
presumed, acknowledged, or adjudicated father of the child.
(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 501 through 537 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. The
acknowledgment of paternity shall state, in prominent lettering, that signing
the acknowledgment of paternity is equivalent to an adjudication of paternity
and confers upon the acknowledged father all the rights and duties of a parent,
such as the payment of child support, if the acknowledgment is not challenged
or rescinded as prescribed under sections 303 through 309 of this act. The
form shall include copies of the provisions in sections 303 through 309 of this
act.
(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 acknowledgment 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 501 through 537 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
GENETIC
TESTING
NEW SECTION. Sec. 401.
SCOPE. Sections 402 through 411 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. 402. ORDER
FOR TESTING. (1) Except as otherwise provided in this section and sections 403
through 537 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. 403.
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
(c) An accrediting body designated by the
United States secretary of health and human services.
(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 405 of this act, an individual who
has been tested may be required to submit to additional genetic testing.
NEW SECTION. Sec. 404.
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;
(c) The places and dates the specimens were
collected;
(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. 405.
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 401 through 404 and 406 through 411 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 401 through 404 and 406 through 411 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
410 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. 406. COSTS
OF GENETIC TESTING. (1) Subject to assessment of costs under sections 501 through
537 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;
(c) As agreed by the parties; or
(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. 407.
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 405 of this act, the court or
agency may not order additional testing unless the party provides advance
payment for the testing.
NEW SECTION. Sec. 408.
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;
(c) Other children of the man and their
mothers; and
(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. 409.
DECEASED INDIVIDUAL. For good cause shown, the court may order genetic testing
of a deceased individual.
NEW SECTION. Sec. 410.
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 405 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. 411.
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
5
PROCEEDING TO
ADJUDICATE PARENTAGE
PART
1
NATURE
OF PROCEEDING
NEW SECTION. Sec. 501.
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. 502.
STANDING TO MAINTAIN PROCEEDING. Subject to sections 301 through 316, 507, and
509 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. 503.
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. 504.
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. 505.
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. 506. 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. 507.
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. 508.
AUTHORITY TO DENY GENETIC TESTING. (1) In a proceeding to adjudicate parentage
under circumstances described in section 507 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;
(c) The facts surrounding the presumed
father's discovery of his possible nonpaternity;
(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. 509.
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. 510.
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. 511.
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 402 of
this act, collection of specimens for genetic testing; and
(4) Temporary orders authorized under
section 524 of this act.
NEW SECTION. Sec. 512. CHILD
AS PARTY‑-REPRESENTATION. (1) A minor child is a permissible party, but
is not a necessary party to a proceeding under sections 501 through 537 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. 521.
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 402 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. 522.
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. 523.
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. 524.
TEMPORARY ORDER. This section applies to any proceeding under sections 501
through 537 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;
(c) Is identified as the father through
genetic testing under section 405 of this act;
(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;
(c) Knowingly coming within, or knowingly
remaining within, a specified distance from a specified location; and
(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;
(c) Terminates when the final order is
entered or when the petition is dismissed; and
(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. 531. 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 405 of this act must be adjudicated the
father of the child.
(3) If the court finds that genetic testing
under section 405 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. 532. JURY
PROHIBITED. The court, without a jury, shall adjudicate parentage of a child.
NEW SECTION. Sec. 533.
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
501 through 532 and 534 through 537 of this act.
(2) A final order in a proceeding under this
section and sections 501 through 532 and 534 through 537 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. 534. 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. 535.
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. 536. 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 501 through 535 and 537 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. 537.
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
(c) The child was represented in the
proceeding determining parentage by a guardian ad litem.
(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
6
CHILD OF
ASSISTED REPRODUCTION
NEW SECTION. Sec. 601. SCOPE
OF ARTICLE. Sections 602 through 609 of this act do not apply to the birth of
a child conceived by means of sexual intercourse.
NEW SECTION. Sec. 602.
PARENTAL STATUS OF DONOR. A donor is not a parent of a child conceived by
means of assisted reproduction.
NEW SECTION. Sec. 603.
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 604 of this act, he is the father of a resulting child born to his
wife.
NEW SECTION. Sec. 604.
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. 605.
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
(c) The husband never openly treated the
child as his own.
(3) The limitation provided in this section
applies to a marriage declared invalid after assisted reproduction.
NEW SECTION. Sec. 606.
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. 607.
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.
NEW SECTION. Sec. 608.
EFFECT OF AGREEMENT BETWEEN OVUM DONOR AND WOMAN WHO GIVES BIRTH. The donor of
ovum provided to a licensed physician for use in the alternative reproductive
medical technology process of attempting to achieve a pregnancy in a woman
other than the donor is treated in law as if she were not the natural mother of
a child thereafter conceived and born unless the donor and the woman who gives
birth to a child as a result of the alternative reproductive medical technology
procedures agree in writing that the donor is to be a parent. Section 602 of
this act does not apply in such case. A woman who gives birth to a child
conceived through alternative reproductive medical technology procedures under
the supervision and with the assistance of a licensed physician is treated in
law as if she were the natural mother of the child unless an agreement in
writing signed by an ovum donor and the woman giving birth to the child states
otherwise. An agreement pursuant to this section must be in writing and signed
by the ovum donor and the woman who gives birth to the child and any other
intended parent of the child. The physician shall certify the parties'
signatures and the date of the ovum harvest, identify the subsequent medical
procedures undertaken, and identify the intended parents. The agreement,
including the affidavit and certification referenced in RCW 26.26.030, must be
filed with the registrar of vital statistics, where it must be kept
confidential and in a sealed file.
NEW SECTION. Sec. 609.
ISSUANCE OF BIRTH CERTIFICATE. The department of health shall, upon request,
issue a birth certificate for any child born as a result of an alternative
reproductive medical technology procedure indicating the legal parentage of
such child as intended by any agreement filed with the registrar of vital
statistics pursuant to section 608 of this act.
ARTICLE
7
MISCELLANEOUS
PROVISIONS
Sec. 701. 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. 702. 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. 703. 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;
(c) He or she is under twenty‑one
years of age;
(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 524 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;
(c) Fourteen dollars shall be paid to the issuing authority
for the purpose of enforcing this chapter; and
(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
(c) Three dollars to the firearms range account in
the general fund.
(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
(c) Anywhere in the state if the applicant is a
nonresident.
Sec. 704. 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 524 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;
(c) Prohibit the party from obtaining or
possessing a firearm or other dangerous weapon;
(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 524 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;
(c) Prohibit the party from obtaining or
possessing a firearm or other dangerous weapon;
(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. 705. 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 512 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 512 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. 706. 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 521 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. 707. 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 501 through 537 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 or who requests genetic tests
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
501 through 537 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 501 through 537 of this act.
(8)(a) Subsections (1) through (7) of
this section do not apply to acknowledgments of paternity filed with the state
registrar of vital statistics after July 1, 1997.
(b) If an ((alleged)) acknowledged
father has signed an ((affidavit acknowledging)) acknowledgment of
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)) financial responsibility under RCW 74.20A.055 based on
the acknowledgment. The division of child support shall attach a copy of the
acknowledgment or certification of the birth record information advising of the
existence of a filed acknowledgment of paternity to the notice; ((and))
(ii) The notice shall include a statement
that the ((alleged)) acknowledged 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)) commence
a proceeding in court to rescind or challenge the acknowledgment or denial of
paternity under sections 307 and 308 of this act; and
(iii) The party commencing the action to
rescind or challenge the acknowledgment or denial must serve notice on the
division of child support and the office of the prosecuting attorney in the
county in which the proceeding is commenced. Commencement of a proceeding to
rescind or challenge the acknowledgment or denial stays the establishment of
the notice and finding of financial responsibility, if the notice has not yet
become a final order.
(((b))) (c) If the ((alleged))
acknowledged father or other party to the notice does not file an
application for an adjudicative proceeding or ((rescind his)) the signatories
to the acknowledgment or denial do not commence a proceeding to rescind or
challenge the acknowledgment of paternity, the amount of support stated in
the notice and finding of ((parental)) financial responsibility
becomes final, subject only to a subsequent determination under ((RCW
26.26.060)) sections 501 through 537 of this act that the
parent-child relationship does not exist. The division of child support
does not refund nor return any amounts collected under a notice that becomes
final under this section or RCW 74.20A.055, even if a court later determines
that the acknowledgment is void.
(((c))) (d) An ((alleged))
acknowledged father or other party to the notice 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)) acknowledged
father or other party to the notice does not request ((an)) a
timely adjudicative proceeding, or if ((the alleged father fails to
rescind his filed acknowledgment of paternity)) no timely action is
brought to rescind or challenge the acknowledgment or denial after service of
the notice, the notice of ((parental)) financial
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 501 through 537 of this act.
(9) ((Affidavits acknowledging)) Acknowledgments
of paternity that are filed after July 1, 1997, are subject to requirements
of chapters 26.26, the uniform parentage act, and 70.58 RCW.
(10) The department and the department of
health may adopt rules to implement the requirements under this section.
Sec. 708. RCW
70.58.080 and 1997 c 58 s 937 are each amended to read as follows:
(1) Within ten days after the birth of any
child, the attending physician, midwife, or his or her agent shall:
(a) Fill out a certificate of birth, giving
all of the particulars required, including: (i) The mother's name and date of
birth, and (ii) if the mother and father are married at the time of birth or ((the
father has signed)) an acknowledgment of paternity has been signed or
one has been filed with the state registrar of vital statistics naming the man
as the father, the father's name and date of birth; and
(b) File the certificate of birth together
with the mother's and father's social security numbers with the state registrar
of vital statistics.
(2) The local registrar shall forward the
birth certificate, any signed ((affidavit acknowledging)) acknowledgment
of paternity that has not been filed with the state registrar of vital
statistics, and the mother's and father's social security numbers to the
state office of vital statistics pursuant to RCW 70.58.030.
(3) The state registrar of vital statistics
shall make available to the division of child support the birth certificates,
the mother's and father's social security numbers and acknowledgments of
paternity ((affidavits)).
(4) Upon the birth of a child to an
unmarried woman, the attending physician, midwife, or his or her agent shall:
(a) Provide an opportunity for the child's
mother and natural father to complete an ((affidavit acknowledging)) acknowledgment
of paternity. The completed ((affidavit)) acknowledgment
shall be filed with the state registrar of vital statistics. The ((affidavit))
acknowledgment shall ((contain or have attached:
(i) A sworn statement by the mother
consenting to the assertion of paternity and stating that this is the only
possible father;
(ii) A statement by the father that he is
the natural father of the child;
(iii) A sworn statement signed by the mother
and the putative father that each has been given notice, both orally and in
writing, of the alternatives to, the legal consequences of, and the rights,
including, if one parent is a minor, any rights afforded due to minority
status, and responsibilities that arise from, signing the affidavit
acknowledging paternity;
(iv) Written information, furnished by the
department of social and health services, explaining the implications of
signing, including parental rights and responsibilities; and
(v) The social security numbers of both
parents)) be prepared as required by section 302 of this act.
(b) Provide written information and oral
information, furnished by the department of social and health services, to the
mother and the father regarding the benefits of having the child's paternity
established and of the availability of paternity establishment services,
including a request for support enforcement services. The oral and written
information shall also include information regarding the alternatives to, the
legal consequences of, and the rights, including, if one parent is a minor any
rights afforded due to minority status, and responsibilities that arise from,
signing the ((affidavit acknowledging)) acknowledgment of
paternity.
(5) The physician or midwife or his or her
agent is entitled to reimbursement for reasonable costs, which the department
shall establish by rule, when an ((affidavit acknowledging)) acknowledgment
of paternity is filed with the state registrar of vital statistics.
(6) If there is no attending physician or
midwife, the father or mother of the child, householder or owner of the
premises, manager or superintendent of the public or private institution in
which the birth occurred, shall notify the local registrar, within ten days
after the birth, of the fact of the birth, and the local registrar shall secure
the necessary information and signature to make a proper certificate of birth.
(7) When an infant is found for whom no
certificate of birth is known to be on file, a birth certificate shall be filed
within the time and in the form prescribed by the state board of health.
(8) When no ((putative)) alleged
father is named on a birth certificate of a child born to an unwed mother the
mother may give any surname she so desires to her child but shall designate in
space provided for father's name on the birth certificate "None
Named".
NEW SECTION. Sec. 709.
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. 710. 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. 711. 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
2002 c ... (SSB 5433) s 1, 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 2002 c ... (SSB 5433) s 2
& 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. 712.
TRANSITIONAL PROVISION. A proceeding to adjudicate parentage which was
commenced before the effective date of this section is governed by the law in
effect at the time the proceeding was commenced.
NEW SECTION. Sec. 713.
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. 714.
EFFECTIVE DATE. This act takes effect July
1, 2002.
*Sec. 714 was vetoed. See
message at end of chapter.
NEW SECTION. Sec. 715.
Sections 101 through 609, 709, 710, and 712 through 714 of this act are each
added to chapter 26.26 RCW.
