What is marriage & the presumption of paternity in Washington State?

MARRIAGE & THE PRESUMPTION OF PATERNITY— YOU ARE THE FATHER

In the context of marriage, a child born during the marriage or with a specific time period in relation to the date of the marriage, is presumed to be the child of the married

 The presumption applies in the following circumstances:

 1.         The child is born during the marriage (even if the marriage is later determined to be invalid where the parents believed the marriage was in compliance with the law).

 2.         The child is born 300 days after the marriage where the marriage is terminated by death, annulment, dissolution, legal separation, or declaration of invalidity (even if the marriage is later determined to be invalid where the parents believed the marriage was in compliance with the law).

 3.         After the birth of the child, the parties are married (even if the marriage is later determined to be invalid where the parents believed the marriage was in compliance with the law) and the person voluntarily asserted parentage of the child.

 4.         After the birth of the child, the parties are married (even if the marriage is later determined to be invalid where the parents believed the marriage was in compliance with the law) and the person voluntarily asserted parentage of the child, and:

 a.         The assertion is in a record filed with the state registrar of vital statistics;

 b.         The person agreed to be and is named as the child’s parent on the child’s birth certificate; or

 c.         The person promised in a record to support the child as his or her own.

 A person is also presumed to be the parent of a child if, for the first two years of the child’s life, the person resided in the same household with the child and openly held out the child as his or her own.

 The presumption of parentage may only be rebutted by an adjudication as provided by law.  If a party believes the other spouse is not the parent, this presumption may be challenged up to four years after the birth of the child or as otherwise provided by law.

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