[WSBAPT] Establishing Parentage Question

[msafren at jennylinglaw.com]

Hello Fellow Esteemed Practitioners:

 

I have an interesting situation involving the establishment of parentage for
a minor child. Any and all input, guidance, and suggestions are appreciated.
The scenario is below: 

 

I assisted a client to open probate and act as the administrator for an
estate so the estate could pursue a wrongful death claim.  The decedent is
potentially the biological parent of a minor child and we had the court name
a GAL for the minor child. The minor child resides in California with their
surviving biological parent.   The parentage of the minor child is unclear,
there is a birth certificate in California which lists the decedent as the
parent of the child.   However, the estranged surviving biological parent,
who is also listed on the birth certificate, states that the decedent is not
the biological parent.  The birth certificate is not signed by either named
parent.

 

Initially,  the biological parent of the minor child had stated that they
were willing to allow the minor child to participate in a DNA test to
clarify or establish parentage, however they have since changed their mind
and will not cooperate with any testing. But, the biological parent of the
minor child appears willing to sign some sort of sworn declaration or
affidavit stating that the decedent is not the biological parent of the
minor child.

 

I now an uncertain how to proceed  Should I petition the court to issue an
order to mandate DNA testing to establish parentage?  Would a sworn
declaration from the living biological parent stating that the decedent was
not the biological parent of the minor child be a sufficient basis for
petitioning the court to amend the original petition to open probate
excising/removing the minor child?  

 

If we did get an order from the Court we would still need to address the
issue of domesticating the order in California because the minor child
resides in California, so that's another issue.    

 

Any guidance or help would be appreciated!

 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
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