§ 26.26.535. Proceeding to adjudicate parentage -- Authority to deny genetic testing
(1) In a proceeding to adjudicate parentage under circumstances described in RCW 26.26.530, a court may deny genetic testing of the mother, the child, and the presumed father if the court determines that:
(a) The conduct of the mother or the presumed father estops that party from denying parentage; and
(b) It would be inequitable to disprove the father-child relationship between the child and the presumed father.
(2) In determining whether to deny genetic testing under this section, the court shall consider the best interest of the child, including the following factors:
(a) The length of time between the proceeding to adjudicate parentage and the time that the presumed father was placed on notice that he might not be the genetic father;
(b) The length of time during which the presumed father has assumed the role of father of the child;
(c) The facts surrounding the presumed father's discovery of his possible nonpaternity;
(d) The nature of the father-child relationship;
(e) The age of the child;
(f) The harm to the child which may result if presumed paternity is successfully disproved;
(g) The relationship of the child to any alleged father;
(h) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and
(i) Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed father or the chance of other harm to the child.
(3) In a proceeding involving the application of this section, the child must be represented by a guardian ad litem.
(4) A denial of genetic testing must be based on clear and convincing evidence.
(5) If the court denies genetic testing, it shall issue an order adjudicating the presumed father to be the father of the child.
[2002 c 302 § 508.]
Sections: Previous 26.26.500 26.26.505 26.26.510 26.26.515 26.26.520 26.26.525 26.26.530 26.26.535 26.26.540 26.26.545 26.26.550 26.26.555 26.26.570 26.26.575 26.26.585 NextLast modified: April 7, 2009