[WSBAPT] Establishing Parentage Question

[Roger Hawkes]

Good stab😊

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Saturday, February 20, 2021 7:31 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Establishing Parentage Question

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

New Address & Phones Effective December 1, 2020: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /


On Fri, Feb 19, 2021 at 6:37 PM <msafren at jennylinglaw.com<mailto: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<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com/> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>


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