Full question:
My daughter's son was born 5 May 2010. The child's father was killed in a vehicular accident on 31 May 2010. Paternity has not been previously determined. What must she do in order to determine paternity, and receive benefits for her child?
- Category: Paternity
- Subcategory: DNA Test
- Date:
- State: Washington
Answer:
We're assuming that the parents were unmarried. Paternity may be established through filing a paternity action and having genetic testing ordered by the court. A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and the DNA of the alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.
Please see the following WA statute:
RCW 26.26.440
Genetic testing -- Deceased individual.
For good cause shown, the court may order genetic testing of a deceased individual.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
