FAQ for Parents

Legal parentage can be established in three ways:

• Marriage or a registered domestic partnership. If a child is born during a marriage or registered domestic partnership, the child is presumed to be of that marriage or domestic partnership. This creates what is called a "presumption of parentage." Unless a parent or some other interested party later challenges that presumption, the spouse or domestic partner will be considered the legal parent of the child.
• Acknowledgment of Parentage. The AOP is a legal form that establishes a parent-child relationship. The second person who signs the AOP will be considered the legal parent after the form is signed, witnessed or notarized, and filed at the Washington State Department of Health, Center for Health Statistics.
• Court Order. The court can determine if a person is the legal parent of a child. The court may require a genetic test of the mother/birth parent, child and alleged biological father.

The AOP is a simple, quick and inexpensive way to legally establish parentage. It should be used only when both the mother/birth parent and the second parent are sure the second parent is the only other possible parent of the child.

If the mother/birth parent was married to another person or in a registered domestic partnership during the pregnancy, the spouse or domestic partner is presumed to be the other parent. However, if the mother/birth parent's spouse or registered domestic partner agrees to let another individual sign as the second parent, that individual may sign the Acknowledgment of Parentage. The presumed parent (mother/birth parent's spouse or registered domestic partner) must sign a Denial of Parentage or the AOP will not be valid. Both the acknowledgment and the denial must be filed with the Department of Health.

Most parents sign the acknowledgment form at a birthing hospital, a birthing clinic or at home under the care of a midwife shortly after the child is born. A hospital, midwife or birthing clinic employee will help you complete the form if necessary, answer questions and submit the paperwork to the Department of Health. Most hospitals, midwives and birthing clinics can also notarize or witness the form for you. 

If you sign within five days of your child's birth, you will not need to pay a fee to file the acknowledgment form. If you do not sign at the hospital, you can print the AOP form from the DOH website, or you can get a form at your county health department or any Division of Child Support office. You can also call DCS at 800-442-KIDS (5437). Ask the receptionist to send you an acknowledgment form. DCS will mail the form to you. 

Both parents will need to sign and have their signatures witnessed or notarized. You can send the completed form directly to DOH along with the filing fee. If you need help completing and filing the form, any DCS office can assist you. If you sign the form at a DCS office, DCS will send the form for filing and pay the filing fee.

Federal law requires you to receive both written and oral information about your rights and responsibilities when you sign an AOP. A statement of your rights and responsibilities is on page two of the AOP form. It is important that you read the statement. You can hear oral information by viewing a short video which is available at the hospital, birth clinic, your local health department, or any DCS office. Another option is to call the toll-free number 800-356-0463 to listen to a message about the acknowledgment. Someone may also read the statement to you. Don't sign the form until you have received both written and oral information about the AOP.

In most cases, a person under age 18 is considered a minor. An AOP signed by a minor is valid. Minors who sign the acknowledgment form will be held to the same standard as adults.

Either parent who signs an AOP or a Denial of Parentage may change their mind within a limited period of time. The legal term is called a rescission. To rescind a signature, you must complete a Rescission of Parentage form and file it with the Department of Health within a maximum of 60 days after the Acknowledgment of Parentage or Denial of Parentage is filed at DOH or before the first court hearing, whichever happens first. Once the Rescission of Parentage form is filed, DOH will remove the second parent's name from the birth certificate.

After the rescission period, a challenge to the acknowledgment or denial can be filed in court for limited reasons up to four years after the acknowledgment or denial is filed with DOH. You will need to prove in Superior Court that you signed the form as a result of fraud, duress or factual mistake.

DOH processes and keeps the official record of the filed parentage forms. The order form is available on the DOH website. Submit a completed parentage verification order form and copy of current government issued photo identification. Call DOH/CHS at 360-236-4300 with any questions. DOH processing fees apply.

You should sign the AOP only if you are sure that you are the parent of the child. If you have further questions, you can call DCS at 800-442-KIDS (5437). You might want to consult an attorney. If you decide not to sign the acknowledgment, you can ask the court to establish parentage.

The alleged genetic father does not need to have a genetic test to sign an Acknowledgment of Parentage form but may choose to do so. A genetic test compares many different factors in the DNA of the possible father, mother/birth parent and the child. A genetic testing laboratory will issue a report that explains whether a person is the biological father. If parentage is established through the court, the court will likely require a genetic test if there is more than one possible father.

Usually, it is best to establish parentage through the courts if there is any question about the identity of the other parent. For example, if the mother/birth parent believes there is more than one possible father. There also might be other reasons to establish parentage through the court. If either parent is unsure about signing the acknowledgment or the mother/birth parent's spouse or registered domestic partner is unwilling to sign a Denial of Parentage, then establishing parentage in court could be the best option.

The state can often help establish parentage for your child if you apply for services with DCS. If DCS accepts your case, DCS will usually refer your case to a county prosecuting attorney. The county prosecutor acts on behalf of your child and cannot represent you in court or give you legal advice. The prosecutor can answer general questions about your parentage case.

You can ask an attorney for answers to legal questions and for representation in court. If you do not want DCS services, you or your attorney can file a parentage action with the court that has jurisdiction over your case. 

If the state is trying to establish parentage, a county prosecutor will usually serve legal papers on the possible father(s). The prosecutor or the court may require the birth mother, possible father(s) and the child to submit to genetic tests. The court will enter an order establishing parentage.

If the prosecutor is establishing parentage in court on a DCS case, you will not be charged a filing fee. However, there can be other costs associated with establishing parentage in court. If a person is determined to be the father, they may be ordered to pay the costs of genetic tests or other court costs.

Custody and visitation issues are usually addressed in a legal document called a Parenting Plan. Regardless of whether parentage was established through marriage, a registered domestic partnership, acknowledgment or the courts, only the courts can address legal custody and visitation issues. Therefore, a court action must be filed. Often, parents can agree on parenting plans by consulting with a mediator or court facilitator. Parents will still need to file the plan with the court. Contact your county court facilitator or other legal resources for further information.

Call DCS at 800-442-KIDS (5437) or contact your local DCS office. You can consult an attorney. You can call toll free at 800-945-WSBA to find out if there is a lawyer referral service in your county. People with low income might qualify for reduced cost legal assistance. To learn more about reduced cost legal assistance, call the CLEAR Hotline at 888-201-1014.