How do I establish paternity in Washington?
Washington enacted the 2017 Uniform Parentage Act in 2018 as RCW 26.26A, replacing the older Ch. 26.26.
1. Acknowledgment of Parentage
Both parents may sign the State Acknowledgment of Parentage form at the hospital or later through the Department of Health Center for Health Statistics or a DCS office. Under RCW 26.26A.235 the acknowledgment "is equivalent to an adjudication of parentage of a child and confers on the acknowledged parent all of the rights and duties of a parent." Either party may rescind within 60 days or before the date of a court or administrative proceeding to establish support (RCW 26.26A.240). After that, challenges are limited to fraud, duress, or material mistake of fact, generally within 2 years (RCW 26.26A.245).
2. Court-Ordered Paternity
An action to adjudicate parentage may be filed in superior court by the child, mother, alleged parent, support enforcement agency, or representative under RCW 26.26A.400-.435. Under RCW 26.26A.310 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on a sworn allegation; a 99% probability creates a rebuttable presumption (RCW 26.26A.330).
3. Presumption of Parentage
Under RCW 26.26A.115 a person is presumed a parent if married to or in a state-registered domestic partnership with the parent who gave birth, or if they resided in the same household with the child for the first 2 years of life and openly held the child out as their own. De facto parentage is separately codified at RCW 26.26A.440.
4. Effects of Establishing Parentage
Triggers child-support liability under the WA Child Support Schedule (RCW 26.19), opens parenting plans and residential schedules under RCW 26.09, vests intestate inheritance under RCW 11.04.081, and supports birth-certificate amendment through DOH Center for Health Statistics.
5. Special Situations
Same-sex spouses and registered domestic partners are presumed parents under § 26.26A.115. Donor non-parentage is recognized under RCW 26.26A.610. Surrogacy is governed by the Uniform Parentage Act Article 7 (RCW 26.26A.700 et seq.). De facto parents may also acquire full legal parentage.
This is legal information, not legal advice.
- De facto parentage petition under RCW 26.26A.440 contested by a legal parent
- Surrogacy parentage order under RCW 26.26A.700 et seq.
- Setting aside an Acknowledgment of Parentage after the 60-day rescission window
- RCW 26.26A.115
- RCW 26.26A.235
- RCW 26.26A.240
- RCW 26.26A.310
- RCW 26.26A.400
- RCW 26.26A.440
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.