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In re Parentage of J.M.K.9/15/2005
uted that in this case the paternity affidavit was filed with the center for health statistics and that Kepl did not rescind or challenge the paternity affidavit within 60 days after filing. Accordingly, we hold that, as a matter of law, Kepl became the natural father of JMK in 1999, 60 days after the paternity affidavit was filed. The law provides further that '{j}udicial and administrative proceedings are neither required nor permitted to ratify an unchallenged acknowledgment of paternity filed after July 27, 1997.' Former RCW 26.26.040(1)(e). Therefore, as this paternity affidavit was filed after July 27, 1997, there is no further legal action necessary, required or permitted by this court (or any court) regarding the legal determination that Kepl is the father of JMK.
Assuming former RCW 26.26.050(2) applies, Kepl contends that the former RCW 70.58.080(4) allows only a 'natural' father to sign an affidavit of paternity and that he cannot be a natural father because former RCW 26.26.050(2) provides that unless a donor of semen signs a consent to paternity, such a donor is not the 'natural' father of the child conceived using artificial insemination. Kepl's argument is not persuasive. As discussed above, under former RCW 26.26.040(1)(e), Kepl became the natural father of JMK 60 days after the signed paternity affidavit was filed with the center for health statistics. Thus, through his actions and operation of law Kepl has waived any rights to possible statutory protection under former RCW 26.26.050(2) regarding his paternity of JMK. Moreover, contrary to Kepl's claim, this interpretation is consistent with the overall statutory scheme of encouraging parental responsibility for married and unmarried parents. See, e.g., former RCW 26.26.020 (the parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents); former RCW 70.58.080 (requiring all attending physicians and midwives to provide an opportunity for a child's mother and father to complete an affidavit acknowledging paternity, formally accepting their statutory and common law duty to provide support for their child); former RCW 26.26.180 (1983) (a promise to render support by a supposed or alleged father does not require consideration and is enforceable according to its terms).
Former RCW 26.26.050 is an exception to the long-standing rule that a parent is the biological mother or father of his or her child and has a duty to support that child. 19 Kenneth W. Weber, Washington Practice: Family and Community Property Law ch. 21 (1997). The duty to support children exists regardless of marital status. 19 Weber, supra, sec. 21.2, at 443 n.6 (citing State v. Booth, 15 Wn. App. 804, 551 P.2d 1403 (1976) (''we are not disposed to treat the illegitimate child so differently from the legitimate child caught in the backwash of his parents' separation. In all sense of justice and equity, any such distinction, at least as to the right of parental support, belongs to a bygone day'')). See also, Kaur v. Chawla, 11 Wn. App. 362, 522 P.2d 1198 (1974) (recognizing that an illegitimate child has a common law right to support from his or her putative father).
Furthermore, Kepl's contention raises serious constitutional concerns. Under Kepl's theory, a written agreement for paternity and legal responsibility including financial support between an unmarried couple, the mother and biological father, evidenced by a signed paternity acknowledgment, would not be sufficient to establish fatherhood responsibilities. Commentators have noted that serious constitutional concerns regarding the treatment of illegitimate children and their fathers led to the creation of the Uniform Parentage Act.
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