26.26.116 - Presumption of paternity in context of marriage. - Washington Statutes

Presumption of paternity in context of marriage.

(1) A man is presumed to be the father of a child if:

     (a) He and the mother of the child are married to each other and the child is born during the marriage;

     (b) He and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity;

     (c) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is, or could be, declared invalid and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, dissolution of marriage, legal separation, or declaration of invalidity; or

     (d) After the birth of the child, he and the mother of the child have married each other in apparent compliance with law, whether or not the marriage is, or could be declared invalid, and he voluntarily asserted his paternity of the child, and:

     (i) The assertion is in a record filed with the state registrar of vital statistics;

     (ii) Agreed to be and is named as the child's father on the child's birth certificate; or

     (iii) Promised in a record to support the child as his own.

     (2) A presumption of paternity established under this section may be rebutted only by an adjudication under RCW 26.26.500 through 26.26.630.

[2002 c 302 § 204.]