[WSBAPT] Establishing Parentage Question

[Brent Williams-Ruth]

I have never experienced this myself, but I am going to take a stab in the
dark to say that the surviving parent doesn't have the legal authority to
sign away their rights that are in question if there is a GAL that is
appointed. Wouldn't that be a call for the GAL to make?

*Brent Williams-Ruth* (preferred pronoun: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

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On Fri, Feb 19, 2021 at 6:37 PM <msafren at jennylinglaw.com> wrote:

> 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: msafren at jennylinglaw.com
> *www.jennylinglaw.com <http://www.jennylinglaw.com/>* | *facebook.com/jennylinglaw/
> <http://www.facebook.com/jennylinglaw/>*
>
>
>
>
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