Rights of a Father to an Unborn Child in the State of Washington
Pregnancy can be a difficult time for both mothers and fathers. Mothers have the ability to carry the child and nurture it from within. Fathers have a more challenging role since they are kept outside of the pregnancy process. It is important for a father to be aware that he does have rights to his unborn child. In Washington state, the father must first establish paternity before he has rights to his unborn child.
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Presumed Paternity
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Some fathers will automatically have rights to their unborn children because they are presumed to be the father by law. Revised Code of Washington 26.26.116 presumes a man to be the father of the child if the couple are married, the couple were married 300 days before the child was born, the couple marry immediately before the child is born, or the couple marries immediately after the child is born and the man asserts paternity of the child.
Established Paternity
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If a man is not the presumed father, he must establish paternity to obtain his rights. Under Revised Code of Washington 26.26.101, this can done in a couple of ways. The father can sign an acknowledgement of paternity, undergo a DNA test proving his paternity, show that he consented to his wife undergoing the reproductive assistance that resulted in the child, or show a valid surrogacy contract proving that he was the intended father of the child.
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Adoption Proceedings
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By either having presumed paternity or established paternity, the father has the right to prevent his unborn child from being adopted without his consent. In any adoption proceeding, the father's rights must first be terminated before the adoption can proceed. The father must be served notice of any proceeding that will terminate his rights. This notice must be sent to his last known address and published for three consecutive weeks in a newspaper in the town where the father resides. These complex requirements are to protect the father's rights to his child.
Uniform Parenting Act
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Washington state adopted the Uniform Parenting Act, which gives fathers additional rights. Under this Act, once parental rights are established by the father, they have full effect unless they are terminated. These rights extend to custody, child support, maintenance for the mother during pregnancy and adoption issues. Fathers' rights can only be terminated for cases of severe abuse, severe neglect, abandonment, long-term mental illness, or long-term drug or alcohol abuse.
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