SSA - POMS: PR 01210.053 - Washington

1. Syllabus

A Washington State birth certificate will not name the father of an illegitimate child unless the father has submitted an Acknowledgment of Parentage to the state registrar of vital statistics, or his parentage has been adjudicated by a court of competent jurisdiction. Thus, when such an individual’s name appears on a child’s Washington birth record, the agency can rely upon that record as proof of paternity for benefit eligibility purposes.

2. Question Presented

Does a father’s name on a valid Washington State birth certificate for an illegitimate child suffice as proof of paternity for benefit eligibility purposes?

3. Brief Answer

Yes. A Washington State birth certificate will not name the father of an illegitimate child unless the father has submitted an Acknowledgment of Parentage to the state registrar of vital statistics, or his parentage has been adjudicated by a court of competent jurisdiction. Thus, when such an individual’s name appears on a child’s Washington birth record, the agency can rely upon that record as proof of paternity for benefit eligibility purposes.

4. Analysis

a. The Uniform Parentage Act Governs the Establishment of Parent-Child Relationships.

The Uniform Parentage Act, RCW 26.26A, governs the establishment of parent-child relationships in Washington State. If certain requirements are met, paternity can be presumed based upon the fact that a woman who gives birth to a child and an alleged genetic father married, or entered into a registered domestic partnership with each other, around the time of the child’s birth. RCW 26.26A.115.

However, in the case of an illegimate child whose birth mother and alleged genetic father never married or entered into a registered domestic partnership, no such presumption of paternity will apply. See RCW 26.26A.115. Instead, paternity of such a child must be established by formal acknowledgement or by court order. RCW 26.26A.200, 26.26A.205, 26.26A.400. Until paternity is acknowledged or adjudicated, the father’s name will not be added to the birth record. See WAC 246-490-305; WAC 246-490-310.

b. Parentage of Illegitimate Children is Established by an Acknowledgment of Parentage or by a Court of Competent Jurisdiction.

1. Acknowledged Parentage

To establish parentage of an illegitimate child, an alleged genetic father must submit an Acknowledgment of Parentage (“AOP”) form to the state registrar of vital statistics that complies with certain statutory requirements set forth in RCW 26.26A.200 through 26.26A.265. See WAC 246-490-305. Among other requirements, an AOP must be in a notarized or witnessed record signed by both the woman who gave birth and the individual seeking to establish a parent-child relationship. See RCW 26.26A.205. If there are no competing claims of paternity or similar reasons for the AOP to be considered invalid, a properly executed AOP is effective upon the birth of the child, or the filing of the document with the state registrar of vital statistics, whichever occurs later. RCW 26.26A.215.

When all statutory requirements are satisfied, an AOP is equivalent to an adjudication of parentage and confers all parental rights and duties on the acknowledged parent. RCW 26.26A.220. As a result of a properly filed AOP, the acknowledged parent’s name will be added to the child’s birth record. WAC 246-490-305.

2. Adjudicated Parentage

A court order from a court of competent jurisdiction is also sufficient to establish paternity of an illegitimate child. See RCW 26.26A.400, 26.26A.515. Following a court’s adjudication of parentage, the court order is submitted to the Washington State Department of Health, and then the child’s birth record is modified accordingly. See RCW 26.26A.510; WAC 246-490-310.

5. Conclusion

A Washington State birth certificate will not name the father of an illegitimate child unless the father has submitted an Acknowledgment of Parentage to the state registrar of vital statistics, or his parentage has been adjudicated by a court of competent jurisdiction. Thus, when such an individual’s name appears on a child’s Washington birth record, the agency can rely upon that record as proof of paternity for benefit eligibility purposes.

Social Security

Program Operations Manual System (POMS)

PR 01210.053 Washington

A. PR 21-043 Father’s Name on Washington State Birth Record of an Illegitimate Child is Sufficient Proof of Paternity for Benefit Eligibility Purposes