HOW TO ESTABLISH PATERNITY IN WASHINGTON
Paternity Establishment in Washington
What does it mean to establish paternity in the state of Washington?
Establishing the paternity of a child in the state of Washington is the most important step towards a child learning his or her identity. Paternity establishment gives rights to the child. Here are some of the most important paternal parental rights a child will receive.
Legal Rights
1. Knowing his or her own family history.
2. Medical history of both parents in the event a life or death situation occurs.
3. Financial support of the child’s development.
It should be noted that the paternity establishment is required for unmarried couples only. Married couples when a child is conceived in a marriage the state automatically deems the husband the legal father of the child. Even if the husband is not the biological father of the child. The husband will be legally responsible for any child conceive in his marriage.
When can an unmarried father establish paternity?
It is recommended that the process to establish paternity is taken shortly after the birth of your child. This can be done by signing the Acknowledgement of Paternity (AOP) form at the hospital.
If the unmarried father is at the hospital when the child is born. A hospital nurse or doctor should explain the pros and cons of signing the AOP form and provide you with a copy of the AOP form while at the hospital. The form will need to be completed by both the mother and father.
If the alleged father is not present at the hospital during the birth of the child. He can contact one of the following state institutions, the Division of Child Support Services (DCS), or the Washington State Department of Health & Human Services. This is assuming both mother and father do not disagree who the father of the child is.
Hospitals and birthing facilities usually file completed Voluntary Declaration of Paternity forms, but you can do it yourself. The forms submitted at the following locations
- Washington State Department of Health Services
- Local health department offices
- Hospitals and birthing centers
- Office of Vital Records and Statistics
We recommend that you seek legal consultation to learn more about the paternity establishment process in Washington.
Married Couples
If a husband believes he is not the biological father of a child. The husband or wife can file legal action to challenge paternity.
How can paternity be established if the mother and alleged father do not agree on paternity?
If an unmarried couple have questions surrounding the paternity of a child. Either the mother or the alleged father can file a paternity petition at Family Court. This scenario assumes the circumstance is contentious between the alleged father and mother.
Once the paternity petition is accepted by a judge, a court order will issued and both parties will have to appear in Family Court. In order to establish paternity, the judge will request genetic testing (a paternity test) be performed.
Now, If both parties disagree on the paternity of the child and are willing to work together. A paternity test can be performed before a paternity petition is filed in Family Court.
Another scenario, If unmarried parents disagree on paternity the mother or alleged father can file paternity petition with Family Court. During the process the judge will request a legal genetic test be performed to confirm paternity. Results must 99.9% and higher for a paternity order to be issued.
When does the father’s name get added to the birth certificate?
The legal father’s name is added to the birth certificate after the AOP form has been completed by both mother and father. The AOP form will be sent to the Washington’s Office of Vital Statistics.
Please note, At the hospital you will receive a birth record but you will have to purchase your birth certificate because a copy will not be mailed out to you automatically. Contact the Office Vital Statistics for more details regarding purchasing your newborn’s birth certificate.
How long does a father have to establish paternity in Washington?
As we currently understand it, In the state of Washington, there is no specific deadline to establish paternity. It is important to note, if the a man signs the voluntary acknowledgment form within five days of the birth of the child paternity will be established.
If for any reason you there is a need to challenge paternity, alleged fathers have four years after signing VAP form to challenge.
