Washington Code 26.26A.440 – Adjudicating claim of de facto parentage of child
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(1) A proceeding to establish parentage of a child under this section may be commenced only by an individual who:
Terms Used In Washington Code 26.26A.440
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(a) Is alive when the proceeding is commenced; and
(b) Claims to be a de facto parent of the child.
(2) An individual who claims to be a de facto parent of a child must commence a proceeding to establish parentage of a child under this section:
(a) Before the child attains eighteen years of age; and
(b) While the child is alive.
(3) The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a proceeding under this section:
(a) The individual must file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section. The verified pleading must be served on all parents and legal guardians of the child and any other party to the proceeding.
(b) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under (a) of this subsection. A responsive pleading must be verified and must be served on parties to the proceeding.
(c) Unless the court finds a hearing is necessary to determine disputed facts material to the issue of standing, the court shall determine, based on the pleadings under (a) and (b) of this subsection, whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence the requirements of subsection (4)(a) through (g) of this section. If the court holds a hearing under this subsection, the hearing must be held on an expedited basis.
(4) In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by a preponderance of the evidence that:
(a) The individual resided with the child as a regular member of the child’s household for a significant period;
(b) The individual engaged in consistent caretaking of the child;
(c) The individual undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation;
(d) The individual held out the child as the individual’s child;
(e) The individual established a bonded and dependent relationship with the child which is parental in nature;
(f) Another parent of the child fostered or supported the bonded and dependent relationship required under (e) of this subsection; and
(g) Continuing the relationship between the individual and the child is in the best interest of the child.
[ 2018 c 6 § 509.]