Under Washington law, paternity is presumed in certain circumstances. When paternity is presumed, no further action is required to legally identify the child’s father. However, there are also certain circumstances in which paternity is not presumed, and when this is the case, one or both parents must take additional steps to formally establish the father’s parentage. Learn more from an experienced Seattle paternity attorney.
When Paternity is Presumed Under Washington Law
There are five main circumstances in which paternity is presumed under Washington law. Generally speaking, paternity will be presumed if:
- The Parents Are Married at the Time of Birth – If the parents are married at the time of a child’s birth, the husband is presumed to be the child’s father.
- The Parents Are in a Registered Domestic Partnership at the Time of Birth – Likewise, if the parents are in a registered domestic partnership at the time of birth, paternity will be presumed for the male domestic partner.
- The Child is Born Within 300 Days of Divorce – If a child is born to formerly married parents within 300 days of their divorce, the former husband is presumed to be the father.
- The Father is Voluntarily Named on the Birth Certificate – If the parents are not married or registered domestic partners (or recently divorced), a presumption of paternity can be established by voluntarily naming the father on the child’s birth certificate.
- The Father and Child Live Together for Four Years After Birth – If a father lives with a child for the first four years of the child’s life and openly treats the child as his, this can also establish a presumption of paternity under Washington law.
While these are the general rules, there are exceptions—and, of course, these presumptions will not be accurate in all cases. If you do not want a presumption of paternity to apply, this is something that you will want to discuss with an experienced Seattle paternity attorney as soon as possible.
What if Paternity Isn’t Presumed?
Now, what if you want to establish parentage and paternity isn’t presumed under the circumstances at hand?
When a presumption of paternity doesn’t apply, there are a couple of potential ways to establish a father’s parentage in Washington. The simplest way is for both parents to sign an Acknowledgement of Parentage. If there is no question who is the child’s father, the parents can sign and submit this form to have the father added to the child’s birth certificate.
If there is a dispute regarding paternity, then it may be necessary to file a Petition to Decide Parentage in state court. This is a formal legal filing—and it kicks off a formal legal proceeding—so it is important to have an experienced Seattle paternity attorney on your side.
Schedule a Confidential Consultation with a Seattle Paternity Attorney Today
Do you need to know more about the requirements for establishing paternity in Washington? If so, we invite you to get in touch. To schedule a confidential consultation with an experienced Seattle paternity attorney, please call 206-784-3049 or request an appointment online today.