On June 13,2002, the State of Washington adopted a new act.  For the first time, it created time limits on when a man can come forward to claim the title of "Dad".  The act follows many of the old rules and definitions but created some very tight time limits.   

Under the act there are lots of different kinds of "Dads" and they are defined as follows:

1. Acknowledged Father: This man has claimed to be the biological father and has signed a form that he is the only possible father.  It has to be signed under penalty of perjury.

He can decide to change his mind (or rescind) within 60 days or when someone else comes forward and makes a claim in a court action, which ever comes first.  There is one more out.  If "Dad' figures there was some lying, some pressure or signing was a big mistake, he can bring a court action.  He must do so within 2 years after the acknowledgment was filed with the state.

2. Adjudicated Father: Fatherhood is bestowed by the court.  Prior to being knighted with the title, there would have been some DNA tests and some court activity. 

With today's science the DNA is pretty hard to beat.  The one thing the court will do is determined if the court case is in "the best interest of the child".  Sometimes the court decided the child has had her "Dad" so long that they will refuse to upset the status of the relationship.
 
3. Alleged Father: A Daddy Wanna Be.  He is making claims and is asking to be the dad but is not quite there yet.  He has to file a lawsuit. 

If there are no other possible dads round, no presumed, acknowledged or adjudicated fathers, he can file any time, even when the child is an adult.  If there are any other "Dads" he has only 2 years to bring his action.
 
This can be difficult if someone is out of the country or not aware of what has happened in his absence,

4. Presumed Dad: If a man is legally married to a woman that has a child during that marriage, they have a new title: Dad.  If a man was only divorced 290 days before the birth, he is a dad. 

If a couple tried to be married and it were invalid for some reason, he becomes a dad.  The only way out if you were in Hawaii and Mom was in Washington and you have not seen each other for 5 years is to file a law suit.

A "Denial of Paternity" will only relieve the presumed dad of responsibility if there is someone who wants to step in and Acknowledge Paternity. 

It is important to seek legal advice if there is any question as to your status as a dad.  If you have willingly signed on the dotted line and have been playing an active and constant role in a child's life, you have a much better shot at remaining there. 

The court is interested in doing what is best for child and will not let you off the hook easily.  The court looks at each situation and trying to do what is best for the innocent child who did not ask to have a confused dad in their lives.

Let's face it, in the era of new families, assisted reproduction and a fluid society, it was only a matter of time before the Legislature was trying to come up with some time sensitive rules.  Children need certainly in their lives. 

By Sally Lanham