(1) He and the child’s natural mother are or have been married to each other and the child
is born during the marriage, or within 300 days after the marriage is terminated by
death, annulment, declaration of invalidity, divorce, or dissolution, or after a decree of
separation is entered by a Court; or
(2) Before the child’s birth, he and the child’s natural mother have attempted to marry each
other by a marriage solemnized in apparent compliance with law, although the
attempted marriage is or could be declared invalid, and the child is born within 300 days
after the termination of cohabitation; or
(3) After the child’s birth, he and the child’s natural mother have married, or attempted to
marry each other by a marriage solemnized in apparent compliance with law, although
the attempted marriage is, or could be, declared invalid, and:
A. He has acknowledged his paternity of the child in writing filed with the
registrar of vital statistics of the Spokane Tribal Enrollment Office; or
B. With his consent, he is named as the child’s father on the child’s birth
certificate; or
C. He is obligated to support the child if he has signed an affidavit of paternity at
the hospital, under a written voluntary promise, or by Court order.
(4) While the child is under the age of majority, he receives the child into his home and
openly holds out the child as his child; or
(5) He acknowledges his paternity of the child in writing filed with the Registrar of Vital
Statistics, or any Tribal Enrollment Office, who shall promptly inform the mother of the
filing of the acknowledgment, and she does not dispute the acknowledgment within a
reasonable time after being informed thereof, in a writing filed with the Registrar of Vital
Statistics or the appropriate Tribal Enrollment Office.
A. In order to enforce rights of residential time, custody and visitation, a man
presumed to be the father as a result of filing a written acknowledgment must
seek appropriate judicial orders under this Chapter.
(b) A presumption under this section may be rebutted in an appropriate action only by clear, cogent,
and convincing evidence.
(1) If 2 or more presumptions arise which conflict with each other, the presumption that on
the facts is founded on the weightier considerations of policy and logic controls.
(2) The presumption is rebutted by a Court decree establishing paternity of the child by
another man.
7-4.05 Artificial Insemination.
(a) If, under the supervision of a licensed physician and with the consent of her husband, a wife is
inseminated artificially with semen donated by a man not her husband, the husband is treated in
law as if he were the natural father of the child thereby conceived.
(1) The husband’s consent must be in writing and signed by him and his wife.
(2) The physician shall certify their signatures and the date of the insemination, and file the
husband’s consent with the Registrar of Vital Statistics, where it shall be kept
confidential and in a sealed file.
(b) The donor of semen provided to a licensed physician for use in artificial insemination of a
woman other than the donor’s wife is treated in law as if he were not the natural father of a
child thereby conceived, unless the donor and the woman agree in writing that said donor shall
be the father.
(1) The agreement must be in writing and signed by the donor and the woman.
(2) The physician shall certify their signatures and the date of the insemination and file the
agreement with the Registrar of Vital Statistics, where it shall be kept confidential and in
a sealed file.
(c) The failure of a licensed physician to perform any administrative act required by this section
shall not affect the father and child relationship.
(1) All papers and records pertaining to the insemination, whether part of the permanent
record of a Court or of a file held by the supervising physician or elsewhere, are subject
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Revised Spokane Law & Order Code, 5/14/2013