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The person who gives birth is one legal parent and the spouse or domestic partner is presumed as the second legal parent. The presumed parents are listed on the birth certificate and automatically have legal parental rights and obligations.
Parentage in Washington State can be established by presumption, acknowledgement (voluntary), or through a parentage action in court (involuntary). *Presumption: If parents are married or in a domestic partnership when the child is born, parentage is presumed and automatically established.
Paternity Acknowledgement is a legal document used to determine fatherhood. Both the father and the mother of the child will have to sign the form. The parents must have it notarized and file it with the Washington State Department of Health. The man then legally will be the child's father.
The law presumes you are both parents to a child born during your marriage or domestic partnership, or within 300 days after your marriage or domestic partnership ends (or your spouse dies). The spouse or partner is a presumed parent (RCW 26.26A. 115(1)(a)).
If parents cannot agree to sign an admission of paternity, they may need to appear in court to establish paternity. If paternity is established after the birth certificate is issued, the certificate might be modified depending on the findings of the court.
If you are the child's legal father, you have the same rights as your child's mother, including the right to: Notice - advance notice of all court hearings. Contest allegations - a chance to admit or deny any allegations of abuse or neglect that are made against you.
If you sign within five days of your child's birth, you will not need to pay a fee to file the acknowledgment form. If you do not sign at the hospital, you may obtain the Acknowledgment of Parentage form at your local county health department or any Division of Child Support (DCS) office.
Some states limit the amount of time that mothers, fathers, and children have to establish paternity. However, this is not the case in Washington. There is no statute of limitations on paternity cases in the state of Washington.