Snapshot: full project state

parentage.md

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+For educational purposes only — not legal advice.
+
+# Parentage in Washington State: The Uniform Parentage Act
+
+## What Parentage Is and Why It Matters
+
+"Parentage" is the legal parent-child relationship. It is different from biology: biology matters in Washington, but it is not the only path to legal parentage — and sometimes not enough by itself. Once parentage is established, the relationship "applies for all purposes" — support, custody and parenting time, inheritance and benefits, medical decisions, and more — unless a different law says otherwise (RCW 26.26A.110). The law treats children of married and unmarried parents equally: "A parent-child relationship extends equally to every child and parent, regardless of the marital status of the parent" (RCW 26.26A.105).
+
+In practice, an unmarried father whose parentage was never legally established has no legal right to custody or parenting time and no enforceable duty of support; once parentage is established, both parents gain rights *and* obligations. Only Washington superior courts may adjudicate parentage (RCW 26.26A.030), under chapter 26.26A RCW — Washington's version of the Uniform Parentage Act (UPA).
+
+## Washington's Law: The Uniform Parentage Act
+
+The Washington Uniform Parentage Act took effect **January 1, 2019** (RCW 26.26A.903) and applies even to cases already pending then (RCW 26.26A.902). The act is officially titled the "uniform parentage act" (RCW 26.26A.005) and uses these gender-neutral terms: an **acknowledged parent** became a parent by signing an acknowledgment form; an **adjudicated parent** is one a court has declared a parent; an **alleged genetic parent** is someone alleged to be the genetic parent whose parentage is not yet established (RCW 26.26A.010). The chapter governs every determination of parentage (RCW 26.26A.020), and rules written for a "father" also apply to a mother, and vice versa (RCW 26.26A.060).
+
+## The Seven Ways Parentage Is Established
+
+The law lists seven ways a parent-child relationship comes into existence (RCW 26.26A.100): giving birth; being a presumed parent; being adjudicated a parent; adopting the child; signing an acknowledgment of parentage; becoming a parent through assisted reproduction; or becoming a parent through a surrogacy agreement.
+
+## Presumed Parents: Marriage, Domestic Partnership, and Four Years of Care
+
+Washington law presumes someone is a parent — without any paperwork or court order — in several situations (RCW 26.26A.115(1)):
+
+- The person was **married to, or in a state-registered domestic partnership with**, the person who gave birth, and the child is **born during** the marriage or partnership (RCW 26.26A.115(1)(a)(i)).
+- The marriage or partnership ended (death, dissolution, annulment, invalidity, or legal separation), but the child is born **within 300 days** after it ended (RCW 26.26A.115(1)(a)(ii)).
+- The couple **married or registered a domestic partnership after the birth**, and the person asserted parentage in a record filed with the state registrar of vital statistics, or agreed to be — and is — named as a parent on the birth record (RCW 26.26A.115(1)(a)(iii)).
+- The person **lived in the same household with the child for the child's first four years** (allowing temporary absences) and openly held the child out as their own (RCW 26.26A.115(1)(b)).
+
+A presumption can be overcome — but only by a court adjudication or a valid denial of parentage, not by argument or by a DNA test alone (RCW 26.26A.115(2)). After the child turns four, a presumption is harder to overcome: the court can do so only if the presumed parent is not the genetic parent **and** never lived with the child **and** never held the child out as their own, or if the child has more than one presumed parent (RCW 26.26A.435(2)).
+
+## Acknowledgment of Parentage: The Hospital Form
+
+The most common path for unmarried parents is the **acknowledgment of parentage** — the form offered at the hospital after birth — signed by the person who gave birth and the alleged genetic father (or a presumed parent or intended parent) (RCW 26.26A.200). It must be notarized or witnessed, state that the child has no other presumed or acknowledged parent, and state that the signers understand it is the same as a court adjudication of parentage that can be challenged only in limited circumstances, with challenges barred four years after it takes effect (RCW 26.26A.205). It can be signed before birth and is valid even if signed by a minor; it takes effect on the later of the birth or the filing with the state registrar of vital statistics (RCW 26.26A.215). Once filed, it "is equivalent to an adjudication of parentage" and gives the acknowledged parent all the rights and duties of a parent (RCW 26.26A.220). The Department of Health may charge a filing fee (RCW 26.26A.225), though signing at the hospital shortly after birth (within five days) is typically free (DSHS Division of Child Support).
+
+A **denial of parentage** lets a presumed or alleged genetic parent state they are not the parent; it is valid only if someone else's acknowledgment is filed with it, it is notarized or witnessed, and the person has not previously acknowledged or been adjudicated a parent (RCW 26.26A.210). A valid denial is equivalent to an adjudication of nonparentage and discharges all parental rights and duties (RCW 26.26A.220(2)).
+
+**Backing out.** A signer may rescind an acknowledgment or denial by filing a rescission with the state registrar within **60 days** of the effective date, or before the first court hearing about the child in a case the signer is a party to — whichever comes first (RCW 26.26A.235). After 60 days, for up to **four years**, a signer can still challenge, but only for **fraud, duress, or material mistake of fact** (RCW 26.26A.240).
+
+## Genetic Testing
+
+In a parentage case, the court **must order genetic testing** if a party files a sworn statement alleging a reasonable possibility they are — or are not — the genetic parent (RCW 26.26A.310(1)). Testing cannot be ordered while the child is still in the womb (RCW 26.26A.310(3)), and a testing order is enforceable by contempt (RCW 26.26A.310(8)). Exception: when a presumed parent or de facto parent claim exists, or someone challenges an acknowledgment, the court **may deny** testing after weighing the best-interest factors in RCW 26.26A.460(1)–(2) (RCW 26.26A.310(6)).
+
+Testing must use methods experts reasonably rely on, at an accredited laboratory; a proper chain of custody makes results admissible without testimony (RCW 26.26A.315, .320). A person is identified as the genetic parent if testing shows at least a **99 percent probability of parentage** and a combined relationship index of at least 100 to 1 (RCW 26.26A.325(1)). A lab report is admissible in court; a party has 14 days to object (RCW 26.26A.425). If an alleged genetic parent **refuses** court-ordered testing, the court may adjudicate them the parent anyway (RCW 26.26A.430(2)(c)). Whoever requests testing generally pays up front; the Division of Child Support pays when it is providing services and may seek reimbursement (RCW 26.26A.330).
+
+## Parentage Court Actions (Paternity Cases)
+
+A parentage proceeding may be brought in superior court under the civil rules (RCW 26.26A.400). Those who can file include the child, the person who gave birth, anyone claiming to be a parent, anyone whose parentage is to be determined, the Division of Child Support, and adoption agencies (RCW 26.26A.405). A case may be started **before the child is born**, though any order is not enforced until birth (RCW 26.26A.480), and while it is pending the court can issue temporary child support, parenting-time, and protection orders (RCW 26.26A.470).
+
+A case against an alleged genetic parent or a presumed parent must be started **before the child turns 18** — after that, only the adult child can bring it (RCW 26.26A.430(1), .435(1)). The court adjudicates an alleged genetic parent who is identified by genetic testing, admits parentage, refuses testing, defaults, or is found a parent on other evidence (RCW 26.26A.430(2)). The final order must identify the child, and the court may assess filing fees, attorney fees, and testing costs (RCW 26.26A.510); the signers and parties — and in some cases the child — are bound by the result (RCW 26.26A.515). One protection: a parent may ask the court to **preclude a person who committed sexual assault resulting in the pregnancy** from establishing parentage (RCW 26.26A.465).
+
+## De Facto Parentage
+
+Washington recognizes parents of the heart. A person who is not a biological or adoptive parent can be adjudicated a **de facto parent** if they prove seven things by a preponderance of the evidence (RCW 26.26A.440(4)):
+
+1. They resided with the child as a regular member of the household for a significant period.
+2. They engaged in consistent caretaking.
+3. They undertook full, permanent parental responsibilities without expecting pay.
+4. They held the child out as their own.
+5. They established a bonded, dependent relationship with the child that is parental in nature.
+6. Another parent fostered or supported that bonded relationship.
+7. Continuing the relationship is in the child's best interest.
+
+The claim must be filed before the child turns 18 and while the child is alive, with a verified pleading setting out specific facts; the court decides standing on an expedited basis (RCW 26.26A.440(2)–(3)). When two or more people have competing claims — for example, a presumed parent and a genetic parent — the court decides **in the best interest of the child**, weighing the child's age, how long each person acted as a parent, the nature of each relationship, the harm if a relationship is not recognized, the basis of each claim, and other equitable factors (RCW 26.26A.460(1)). Notably, a Washington court **may recognize more than two parents** if failing to do so would be detrimental to the child (RCW 26.26A.460(3)).
+
+## Assisted Reproduction and Surrogacy
+
+Washington has clear rules for families built with reproductive technology. A **sperm or egg donor is not a parent** of a child conceived by assisted reproduction (RCW 26.26A.605), while a person who **consents to assisted reproduction with the intent to be a parent is a parent** (RCW 26.26A.610). Consent should be in a written record signed by the person giving birth and the intended parent; even without a record, the court can find consent by clear and convincing evidence of a pre-conception agreement, or if the two lived together with the child for its first four years and both held the child out as their own (RCW 26.26A.615). Consent can be withdrawn in writing any time **before** the transfer that results in pregnancy (RCW 26.26A.630). If an intended parent dies between the transfer and the birth, their parentage can still be established (RCW 26.26A.635).
+
+Surrogacy agreements are legal in Washington but heavily regulated: the surrogate must be at least 21, have previously given birth, and complete medical and mental-health evaluations with independent counsel (RCW 26.26A.705). In a **gestational** surrogacy (the surrogate is not genetically related to the child), each intended parent is a parent **by operation of law** at birth, and the surrogate and her spouse are not parents (RCW 26.26A.740). Separate validation rules govern **genetic** surrogacy agreements (RCW 26.26A.760 through 26.26A.785), and the chapter also regulates information about gamete and embryo donors (RCW 26.26A.800 through 26.26A.825).
+
+## Unmarried Parents' Rights
+
+An unmarried mother is a parent from the moment of birth — no paperwork needed (RCW 26.26A.100(1)). An unmarried father is only an **alleged genetic parent** until parentage is established; the law treats children of unmarried and married parents identically (RCW 26.26A.105). Practical routes: sign an **acknowledgment** at the hospital or later (RCW 26.26A.200), ask the **Division of Child Support** for free help (RCW 26.26A.405(5)), or file a **Petition to Decide Parentage** in superior court using the free state-approved forms (RCW 26.26A.400). Once parentage exists, both parents have equal standing to seek parenting time and decision-making — and both owe support.
+
+## Why Parentage Matters for Custody and Child Support
+
+Parentage is the gatekeeper to everything else in a family case. A parentage adjudication or acknowledgment creates the legal relationship "for all purposes" (RCW 26.26A.110), which means:
+
+- **Custody and parenting time.** Only a legal parent can ask for a parenting plan (chapter 26.09 RCW); in a parentage action the court can issue temporary parenting-time orders (RCW 26.26A.470) and a final parenting plan.
+- **Child support.** Only a legal parent owes — and can receive — child support, calculated under the Washington State Child Support Schedule in chapter 26.19 RCW. The Division of Child Support establishes parentage precisely so it can collect support (RCW 26.26A.405(5)).
+- **Everything else.** Inheritance, benefits, insurance, and medical decisions flow from the parent-child relationship (RCW 26.26A.110).
+
+If you are unsure whether parentage has been established, the free "Parentage guide" at WashingtonLawHelp.org explains the options, and the Division of Child Support can help without a lawyer.
+
+## Key Citations
+
+- Uniform Parentage Act short title and effective date — RCW 26.26A.005, .903
+- Definitions — RCW 26.26A.010
+- Establishment of parent-child relationship (seven paths) — RCW 26.26A.100
+- Presumption of parentage — RCW 26.26A.115
+- Acknowledgment and denial of parentage — RCW 26.26A.200 through 26.26A.265 (rescission: .235; challenge: .240)
+- Genetic testing — RCW 26.26A.300 through 26.26A.355 (ordering: .310; results: .325)
+- Proceedings to adjudicate parentage — RCW 26.26A.400 through 26.26A.515 (standing: .405; de facto parentage: .440; competing claims: .460; temporary orders: .470)
+- Assisted reproduction — RCW 26.26A.600 through 26.26A.635
+- Surrogacy agreements — RCW 26.26A.700 through 26.26A.785
+- Donor information — RCW 26.26A.800 through 26.26A.825