Read the section on determining parentage to learn more about declarations of parentage or paternity and other ways to determine parentage. If it is a situation where there are more than 2 parents, all parents have the rights and obligations of parenthood. The presumption of filiation also means assuming certain legal duties and rights towards the child. For example: Legal filiation is a term used in family law that refers to the process of determining the legal parents of a child. Historically, this process has generally been found in paternity cases where the child`s biological parents were not married, but for various reasons, the identity of the father had to be established. The lineage was first enshrined in law in 1973 with the Uniform Parentage Act (UPA). The original UPA referred to both married and unmarried parents. In the event of uncertainty or conflict as to the determination of filiation, the courts refer to the UPA framework to decide. In fact, legal parentage often needs to be formally established before family court can move forward with these other family law issues. When a person accepts filiation or paternity, in addition to his or her parentage status, he or she also assumes various rights and obligations related to the child. If the parents are married at the birth of a child, there is usually no question about parentage.
The law assumes that married persons are the legal parents of the child, so that in most cases filiation is automatically established. The determination of filiation is also required for same-sex parenting situations if the parents were not married when the mother became pregnant or the child was born. For example, if two single women agree to raise a child together and the woman who did not give birth to the child wishes to be identified as the legal parent, she should apply to the court for an order legally establishing her parental rights. The court may order the person trying to establish themselves as the “other mother” to prove that the couple intended to be the child`s parent. The same applies to a homosexual relationship in which two men intend to be the child`s parents. They would have to prove to the court that they intended to be the child`s parents and that they were behaving that way. Parentage law can be complicated, so talk to your court`s family law broker or a lawyer to make sure you understand the details of your situation. Unmarried parents may collectively agree to identify the biological father as a recognized father by signing an “acknowledgement of paternity” that establishes the legal paternity of a child. (RCW 26.26.300). Both parents must sign the confirmation and this must be done with a notary and duly filed with the state. This often happens in the hospital when the child is born. This method is considered “voluntary” because there is no dispute about ancestry.
If the biological mother is already married or does not agree with a particular father claiming paternity, each parent has the usual judicial or administrative procedures to establish paternity. Many states also have birth registers where a man who believes he has fathered a child can claim that child on the registry. Such a measure can help prevent the child from being put up for adoption without notifying the father. Confirmations signed by a married woman naming another man as father are not valid. This is not a correct use of the form. If you have questions about lawsuits or paternity rights in Washington State, or if you are seeking legal advice, please contact an experienced family law attorney as soon as possible. This is just beginning to shed light on the state`s sweeping paternity and ancestry laws. Our experienced family law lawyers are knowledgeable lawyers and recognize the unique aspects of each case. We have the expertise and ability to advise and represent anyone with an interest or concern related to legal parentage, with all levels of complexity. We strive to help you achieve the best outcome in your case and insist on the best interests of your children.
All states have programmes under which maternity wards give unmarried parents of a newborn child the opportunity to recognize the child`s parentage through the father. Federal law requires each state, through its hospitals and life data registrars, to offer a process in which unmarried parents who agree that the husband is the father of a child can certify it in writing in the form of an affidavit. This form can then be used, among other things, to determine the maintenance of the child by law. After the expiry of a period, usually 60 days from signature, the confirmation can no longer be revoked. Filiation may also be established at a judicial or administrative hearing or by legal omission if the person was informed of a paternity hearing but did not appear. An acknowledgement of parentage becomes a “determination of paternity” unless the person who signed the acknowledgement denies paternity within sixty (60) days of signing. In general, a determination of paternity can only be challenged in very limited circumstances, such as as a basis for fraud, coercion or clerical error of fact. In the section on challenging parentage, there is much more information on how to request genetic testing to determine ancestry. With very few exceptions, the husband is considered the legal father if the mother and father were married when the children were born.
If the parents are not married to each other at the birth of the child, the man is not considered the legal father, even if the parents live together. Therefore, if the child was born out of wedlock, the determination of filiation is a necessary procedure to establish a legal relationship between the father and the child. This is usually achieved either by a court order or by an affidavit acknowledging paternity. The procedure for determining parentage is a simple task that the Federal Office of Children`s Advice strongly encourages. A father may recognize filiation simply by signing a written admission or voluntary acknowledgement of paternity. There are many ways to determine ancestry. For example, the process may involve a medical procedure, such as a DNA test, or something as simple as finding a birth certificate. Parentage procedures may vary from case to case. Establishing parentage means obtaining a court order or signing an official declaration of parentage or paternity indicating who a child`s legal parents are. For example, if the parents of a child were not married when the mother became pregnant or when the child was born, the child will not have a legal father until filiation has been established.
Even if a father can prove that he is the biological father of a child, if he has never been married to the mother, he has no legal rights or obligations for the child. For this purpose, filiation must be legally established. In addition, there are cases where filiation may be presumed due to certain factors or actions presented by the father. If you want to file a parentage action, a lawyer can take legal action that identifies or disputes parentage issues you may be facing. There are many reasons that make it beneficial to establish a child`s legal filiation legally, practically and emotionally. Here are some of the reasons why legal determination of parentage or paternity can be beneficial for everyone involved: And even if 1 of the child`s biological parents has no money or work to support the child, or does not want to be involved in the child`s life, It is always a good idea to establish parentage. The benefits to a child that come from establishing parentage go far beyond financial problems, as the list above shows, and include things like the possibility that the child will later receive child support or health insurance if the other parent gets a job or is in a better financial situation.