Full question:
My son was 17 when his ex had their daughter, she was 18 at the time. Is there a reason why my sons name is not on the birth certificate? Im confused. Please help
- Category: Minors
- Subcategory: Unwed Mother
- Date:
- State: Washington
Answer:
In Washington State if the Mother is not married she does not list the Father unless an Acknowledgment of Paternity is signed by the Mother and Father. if your son is the father he may have rights as a Father and obligations. A paternity action could determine these matters. They could also sign an acknowledgment of Paternity and change the certificate.The statute of Washington below established rules about naming a Father on a birth certificate. Note that the Father should have been given an opportunity to execute an acknowledgement of paternity but if the Mother did not disclose who she considered the Father this probably did not happen. Not also that the Mother if not married can give a child her surname and list under Father "None Named".
CW 70.58.080
Birth certificates—Filing—Establishing paternity—Surname of child.
(1) Within ten days after the birth of any child, the attending physician, midwife, or his or her agent shall:
(a) Fill out a certificate of birth, giving all of the particulars required, including: (i) The mother's name and date of birth, and (ii) if the mother and father are married at the time of birth or an acknowledgment of paternity has been signed or one has been filed with the state registrar of vital statistics naming the man as the father, the father's name and date of birth; and
(b) File the certificate of birth together with the mother's and father's social security numbers with the state registrar of vital statistics.
(2) The local registrar shall forward the birth certificate, any signed acknowledgment of paternity that has not been filed with the state registrar of vital statistics, and the mother's and father's social security numbers to the state office of vital statistics pursuant to RCW 70.58.030.
(3) The state registrar of vital statistics shall make available to the division of child support the birth certificates, the mother's and father's social security numbers and acknowledgments of paternity.
(4) Upon the birth of a child to an unmarried woman, the attending physician, midwife, or his or her agent shall:
(a) Provide an opportunity for the child's mother and natural father to complete an acknowledgment of paternity. The completed acknowledgment shall be filed with the state registrar of vital statistics. The acknowledgment shall be prepared as required by RCW 26.26.305.
(b) Provide written information and oral information, furnished by the department of social and health services, to the mother and the father regarding the benefits of having the child's paternity established and of the availability of paternity establishment services, including a request for support enforcement services. The oral and written information shall also include information regarding the alternatives to, the legal consequences of, and the rights, including, if one parent is a minor any rights afforded due to minority status, and responsibilities that arise from, signing the acknowledgment of paternity.
(5) The physician or midwife or his or her agent is entitled to reimbursement for reasonable costs, which the department shall establish by rule, when an acknowledgment of paternity is filed with the state registrar of vital statistics.
(6) If there is no attending physician or midwife, the father or mother of the child, householder or owner of the premises, manager or superintendent of the public or private institution in which the birth occurred, shall notify the local registrar, within ten days after the birth, of the fact of the birth, and the local registrar shall secure the necessary information and signature to make a proper certificate of birth.
(7) When an infant is found for whom no certificate of birth is known to be on file, a birth certificate shall be filed within the time and in the form prescribed by the state board of health.
(8) When no alleged father is named on a birth certificate of a child born to an unwed mother the mother may give any surname she so desires to her child but shall designate in space provided for father's name on the birth certificate "None Named".
[ 2002 c 302 § 708; 1997 c 58 § 937; 1989 c 55 § 2; 1961 ex.s. c 5 § 8; 1951 c 106 § 6; 1907 c 83 § 12; RRS § 6029.]\
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.
