Washington The Rights of Presumed (Putative) Fathers

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This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.

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FAQ

Two people in a marriage or domestic partnership are automatically presumed to be the parents of any child born inside their relationship. When the birth mom is single, the only presumption is that she is the mother. The mother is automatically given full custody of the child.

As used in this subchapter: ? ''Father'' means the biological male parent of a child. ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

Abandonment: The parent did not communicate with the child for at least 6 months. Permanent neglect: If a child enters the foster care system and the parent does not make any plans for the future of their children for more than one year after the child entered foster care, they could lose rights based on neglect.

The law presumes you are both parents to a child born during your marriage or domestic partnership, or within 300 days after your marriage or domestic partnership ends (or your spouse dies). The spouse or partner is a presumed parent (RCW 26.26A.

A presumed father/parent may or may not be the child's biological father/parent. Family Code Section 7611 defines presumed father: The parents were married and cohabiting at the time of conception. The parents signed a Voluntary Declaration of Parentage (see section above) or attempted to marry.

(17) "Presumed parent" means an individual who under RCW 26.26A. 115 is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under RCW 26.26A. 200 through 26.26A. 265, or a court adjudicates the individual to be a parent.

Parentage in Washington State can be established by presumption, acknowledgement (voluntary), or through a parentage action in court (involuntary). *Presumption: If parents are married or in a domestic partnership when the child is born, parentage is presumed and automatically established.

In Washington State, if a biological father is not listed on the birth certificate, he technically has no legal rights or obligations concerning the child. This includes custody rights, visitation rights, and the responsibility of financial support.

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Washington The Rights of Presumed (Putative) Fathers