While parentage is presumed in many cases, there are still various circumstances in which a father might not be legally recognized as his child’s parent under Washington law. For fathers who are not presumed to be their child’s parent, signing an Acknowledgment of Parentage is one option for legally establishing parentage. Signing an Acknowledgement of Parentage can also be used to add a child’s father to the child’s birth certificate when parentage is presumed but the father was not added at the time of birth. If you are interested in using Washington’s Acknowledgement of Parentage form, here are seven important facts to know from an experienced Seattle paternity attorney:
Fact #1: There Are Specific Requirements for Signing an Acknowledgement of Parentage
There are specific requirements for using an Acknowledgement of Parentage to establish paternity in Washington. These requirements include:
- No one else must be claiming to be the child’s father;
- Both parents must agree to sign the form voluntarily; and,
- Both parents must sign the form in front of a witness or notary.
Additionally, in order for parents to use an Acknowledgment of Parentage to establish paternity, one of the following must apply:
- The father is the child’s genetic parent and was never married to the child’s mother;
- The father was married to the child’s mother during the mother’s pregnancy but is not listed on the child’s birth certificate;
- The father and mother married after the child’s birth;
- The father lived in the same household as the child for the first for years of the child’s life; or,
- The father and mother conceived the child through assisted reproduction.
Parents can use an Acknowledgement of Parentage to establish paternity at any time prior to their child’s 18th birthday. With that said, if both parents agree about their child’s parentage, it will usually be best to establish paternity sooner rather than later.
Fact #2: An Acknowledgement of Parentage is Legally Binding
An Acknowledgement of Parentage is a legally binding document. Once both parents sign (and the 60-day rescission period has expired), the father’s parentage can only be challenged on limited grounds. As a result, before you sign, it is critical to ensure that you are confident this is the right decision.
Fact #3: Both Parents Must Sign the Acknowledgment of Parentage Form
Signing an Acknowledgement of Parentage is a way for parents in Washington to establish paternity by mutual consent. If you wish to establish parentage but your child’s other parent does not, you will need to take a different approach. A Seattle paternity attorney at our firm can explain everything you need to know in this scenario and help you take the necessary steps—which may include filing a Petition to Establish Parentage in court.
Fact #4: An Acknowledgement of Parentage Can Be Rescinded for Up to 60 Days
While an Acknowledgement of Parentage is legally binding, both parents have up to 60 days to change their mind after signing. As explained in the Statement of Acknowledgement attached to the form:
“Any individual who signed an [Acknowledgement of Parentage] may change their mind and rescind (which means to revoke or cancel). To rescind, a Rescission of Parentage form must be filed with the Department of Health, Center for Health Statistics within a maximum of 60 days after the [Acknowledgement of Parentage] is filed or before the first court proceeding, whichever happens first.”
If you think that you might want to rescind your Acknowledgement of Parentage after you sign, we strongly recommend talking to a Seattle paternity attorney first. It will be important to ensure that you are making a sound decision; and, if signing a Rescission of Parentage is the right choice, you will want to be absolutely certain that you file this form correctly.
Fact #5: A Separate Form is Required to Change a Child’s Last Name
If you want to change your child’s last name along with establishing paternity, this requires filing a separate form. After filing your Acknowledgment of Parentage, you have up to a year to change your child’s last name by filing an Affidavit of Correction with the Department of Health. However, you can file the Affidavit of Correction at the same time you file your Acknowledgement of Parentage if you so choose—and many parents choose this option to streamline the process.
Fact #6: A Denial of Parentage Will Also Be Required in Some Cases
In addition to filing an Acknowledgement of Parentage, parents seeking to establish paternity in Washington will also need to file a Denial of Parentage in some cases. Specifically, this is required when someone else is presumed to be the child’s father or the wrong father is listed on the child’s birth certificate. The person who is denying parentage must sign this form; however, the parents who are seeking to establish parentage can file both signed forms together.
Fact #7: Parentage Comes with Both Legal Rights and Legal Obligations
In Washington (as in other states), parentage comes with both legal rights and legal obligations. For example, both parents have an obligation to financially support their children under Washington law; and, when parents are not living together, they both have the right to parenting time (traditionally referred to as child custody).
If you and your child’s other parent are not currently living together, when you sign an Acknowledgement of Parentage, you will also need to develop a parenting plan and determine your respective financial support obligations. Your Seattle paternity attorney will be able to assist with this as well—and you will want to work closely with your attorney to ensure that you are making informed decisions with a long-term perspective.
Schedule a Confidential Consultation with a Seattle Paternity Attorney
Do you have questions (or concerns) about signing an Acknowledgement of Parentage form in Washington? If so, our attorneys can explain everything you need to know. To schedule a confidential consultation with an experienced Seattle paternity attorney, give us a call at 206-784-3049 or tell us how we can contact you online today.