Washington Petition to Withdraw (Rescind) Paternity Acknowledgment / Denial of Paternity is a legal process used to ask a court to withdraw a previously signed acknowledgment or denial of paternity. It is an alternative to filing a paternity action and can take place after a paternity action has already been settled. There are two types of Washington Petition to Withdraw (Rescind) Paternity Acknowledgment / Denial of Paternity — an “acknowledgment” and a “denial”. A petition to withdraw an acknowledgment requires the person who signed the acknowledgment to prove that the acknowledgment was signed as a result of fraud, duress, or mistake of fact. A petition to withdraw a denial requires the person who signed the denial to prove that the denial was signed as a result of fraud, duress, or mistake of fact. Both types of petitions must be filed in the court in the county where the paternity acknowledgment or denial was signed. The petitioner must provide evidence in order to prove the fraud, duress, or mistake of fact.
Washington Petition to Withdraw (Rescind) Paternity Acknowledgment / Denial of Paternity
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FAQ
Making changes to birth certificates You can use the Affidavit for Correction form and required proof for most corrections. The Affidavit of Correction must be returned within 1 year of the issue date to receive a replacement copy for free. If returned after a year, the fee for a birth certificate is $25.
In Washington, if the parents of a child are not married to each other or not in a registered domestic partnership when the child is born, the child has no legal father until paternity is established. Once paternity is established, the father's name will be placed on the child's birth certificate.
Is signing the acknowledgment as good as getting a court order? Signing and filing it with the Washington State Department of Health on or after July 1, 1997 gives it the same legal effect as a court order establishing parentage (RCW 26.26A. 220).
Yes. The person signing the rescission must sign in front of either a notary OR a witness. The notary or witness must also complete the signature block. Common notary locations include hospitals, local banks, title companies, and attorneys/county clerks.
You need a court order if: There are questions about who is a parent of the child. The parties do not agree on who is a parent of the child. The parties want to add or remove parent(s) on the child's birth certificate.
A DOP is a legal form that allows the person denying parentage to be discharged from all rights and duties as a parent. By filing this form, the person denying parentage will not be listed on the birth certificate. This form must be filed with an Acknowledgment of Parentage (AOP) form.