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In re Parentage of J.M.K.9/15/2005
o do not sign written consents in advance of insemination of a woman to whom the man is not married. Kepl argues that Brock invites the court to ignore former RCW 26.26.050(2) in favor of former RCW 26.26.040(1)(e) and former RCW 70.58.080(4). Kepl asserts that Brock's approach must be rejected because 'it is neither the function nor the prerogative of the Court to ignore legislative enactments' and instead, the proper approach is to 'harmonize statutes' pertaining to the subject matter and maintain the integrity of the statutes within the overall statutory scheme, quoting Philippides v. Bernard, 151 Wn.2d 390, 385, 88 P.3d 939 (2004). Supp'l Br. of Resp't at 2-3.
The meaning of a statute is inherently a question of law and our review is de novo. King County v. Cent. Puget Sound Growth Mgmt. Hr'g's Bd., 142 Wn.2d 543, 555, 14 P.3d 133 (2000); Dioxin/Organochlorine Ctr. v. Pollution Control Hr'g's Bd., 131 Wn.2d 345, 352, 932 P.2d 158 (1997). The primary goal of statutory interpretation is to ascertain and give effect to the legislature's intent and purpose. Am. Cont'l Ins. Co. v. Steen, 151 Wn.2d 512, 518, 91 P.3d 864 (2004); Dep't of Ecology v. Campbell & Gwinn, L.L.C., 146 Wn.2d 1, 9, 43 P.3d 4 (2002). This is done by considering the statute as a whole, giving effect to all that the legislature has said, and by using related statutes to help identify the legislative intent embodied in the provision in question. Campbell & Gwinn, 146 Wn.2d at 11. If, after this inquiry, the statute can reasonably be interpreted in more than one way, then it is ambiguous and it is appropriate to resort to principles of statutory construction to assist in interpretation. State ex rel. Citizens against Tolls (CAT) v. Murphy, 151 Wn.2d 226, 242-43, 88 P.3d 375 (2004); Campbell & Gwinn, 146 Wn.2d at 12. Strained, unlikely or absurd consequences resulting from a literal reading are to be avoided. State v. Neher, 112 Wn.2d 347, 351, 771 P.2d 330 (1989). If, among alternative constructions, one or more would involve serious constitutional difficulties, the court will reject those interpretations in favor of a construction that will sustain the constitutionality of the statute. Grant v. Spellman, 99 Wn.2d 815, 819, 664 P.2d 1227 (1983). See also, 2A Norman J. Singer, Statutes and Statutory Construction sec. 45.11, at 75 (6th ed. 2000).
Former RCW 26.26.040(1)(e) provides that a man is presumed to be the natural father of a child for all intents and purposes if he acknowledges his paternity of the child pursuant to former RCW 70.58.080. Former RCW 70.58.080(4) contains the rules regarding how an unmarried mother and the father complete an affidavit acknowledging paternity of the father. The affidavit must contain (i) a sworn statement by the mother consenting to the assertion of paternity and stating that he is the natural father of the child, (ii) a statement by the father that he is the natural father of the child, (iii) a sworn statement by the mother and the putative father that each has been given notice, both orally and in writing, of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the affidavit acknowledging paternity and the social security numbers of both parents. Former RCW 70.58.080(4)(a). It is undisputed that the paternity affidavit completed by Brock and Kepl in 1998 for JMK meets all of the above requirements.
The law then provides that an acknowledgment of paternity under former RCW 70.58.080 'shall be a legal finding of paternity of the child sixty days after the acknowledgment is filed with the center for health statistics unless the acknowledgment is sooner rescinded or challenged.' Former RCW 26.26.040(1)(e). It is undisp
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