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:
To establish paternity, the mother can file a paternity action in court. The court may then order genetic testing to confirm paternity. However, the court will first review the petition to ensure there is enough information to justify the testing. If the court orders the test, the mother, child, and the deceased father's DNA will be tested at a designated facility. Once paternity is established, the court's determination is final. A copy of the court order will be necessary to secure the child's rights to benefits, both now and in the future.
In Washington, the court can order genetic testing for a deceased individual if there is good cause (RCW 26.26.440).
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.