Wash. Rev. Code » Title 74 · Chapter 74.20
Revised Code of Washington

Wash. Rev. Code § 74.20.310 (2026)

✓ current as of May 2026
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(1) The provisions of RCW 26.26A.485 requiring appointment of a guardian ad litem to represent the child in an action brought to determine the parent and child relationship do not apply to actions brought under chapter 26.26A or 26.26B RCW if:
(a) The action is brought by the attorney general on behalf of the department of social and health services and the child; or
(b) The action is brought by any prosecuting attorney on behalf of the state and the child when referral has been made to the prosecuting attorney by the department of social and health services requesting such action.
(2) On the issue of parentage, the attorney general or prosecuting attorney functions as the child's guardian ad litem provided the interests of the state and the child are not in conflict.
(3) The court, on its own motion or on motion of a party, may appoint a guardian ad litem when necessary.
(4) The summons shall contain a notice to the parents that pursuant to RCW 26.26A.485 the parents have a right to move the court for a guardian ad litem for the child other than the prosecuting attorney or the attorney general subject to subsection (2) of this section.
[ 2019 c 46 s 5048; 2002 c 302 s 705; 1991 c 367 s 45; 1979 ex.s. c 171 s 15.]

Notes:

Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.
Severability—1979 ex.s. c 171: See note following RCW 74.20.300.
Notes of Decisions
Cited in 18 cases, 1981–2008 · leading case: State v. Santos, 702 P.2d 1179 (Wash. 1985).
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State v. Santos, 702 P.2d 1179 (Wash. 1985). · cites it 16× “There is for this reason no direct conflict between RCW 26.26.090 and RCW 74.20.”
State ex rel. McMichael v. Fox, 132 Wash. 2d 346 (Wash. 1997). · cites it 15× “Where there is overwhelming evidence of paternity, including blood/genetic test results, testimony from the mother and alleged father regarding sexual relations near the time of conception, and evidence of a resemblance between the alleged father and the child, the State…”
State on Behalf of McMichael v. Fox, 937 P.2d 1075 (Wash. 1997). · cites it 15× “Where there is overwhelming evidence of paternity, including blood/genetic test results, testimony from the mother and alleged father regarding sexual relations near the time of conception, and evidence of a resemblance between the alleged father and the child, the State…”
State Ex Rel. Henderson v. Woods, 865 P.2d 33 (Wash. Ct. App. 1994). · cites it 6× “The trial court's duty to appoint a guardian ad litem is subject to RCW 74.20.310. 4 RCW 26.26.090(1). The court is not required to appoint a guardian ad litem where [t]he action is brought by any prosecuting attorney on behalf of the state and the child when referral has been…”
State Ex Rel. Campbell v. Cook, 938 P.2d 345 (Wash. Ct. App. 1997). · cites it 4× “Former RCW 74.20.310, Laws of 1979, 1st Ex. Sess.”
Hayward v. Hansen, 628 P.2d 1326 (Wash. Ct. App. 1981). · cites it 6× “There, a paternity *407 action was initiated by the prosecutor, [4] and a guardian ad litem need not have been appointed pursuant to RCW 74.20.310. [5] Nonetheless, the applicable provisions of the Uniform Parentage Act were the same; the child was deemed an indispensable party…”
State ex rel. D.R.M. v. Wood, 109 Wash. App. 182 (Wash. Ct. App. 2001). “RCW 74.20.310 and 26.26.390; McDaniels v.”
State Ex Rel. Drm, 34 P.3d 887 (Wash. Ct. App. 2001). “RCW 74.20.310 and 26.26.390; McDaniels v.”
Matter of Custody of Brown, 890 P.2d 1080 (Wash. Ct. App. 1995). · cites it 2× “If the child is a minor, the child shall be represented by the child’s general guardian or a guardian ad litem appointed by the court subject to RCW 74.20.310. The child’s mother or father may not represent the child as guardian or otherwise.”
In Re Parentage of QAL, 191 P.3d 934 (Wash. Ct. App. 2008). “555(2) provides: If the child is a party, or if the court finds that the interests of a minor child or incapacitated child are not adequately represented, the court shall appoint a guardian ad litem to represent the child, subject to RCW 74.20.310 neither the child's mother or…”
D.M.G. v. K.M.L., 146 Wash. App. 631 (Wash. Ct. App. 2008). “555(2) provides: If the child is a party, or if the court finds that the interests of a minor child or incapacitated child are not adequately represented, the court shall appoint a guardian ad litem to represent the child, subject to RCW 74.20.310 neither the child’s mother or…”
May v. Dep't of Soc. & Health Servs., 947 P.2d 252 (Wash. Ct. App. 1997). “2d 345 (1997) (rejecting the appellant’s claims that a guardian ad litem was never appointed in a paternity action under former RCW 74.20.310 on the ground that a complete record was not provided and that the court is not required to order supplementation of an incomplete…”
Show all 18 citing cases →
— Wash. Rev. Code § 74.20.310(1) — 1 case
Matter of Custody of Brown, 890 P.2d 1080 (Wash. Ct. App. 1995). “If the child is a minor, the child shall be represented by the child’s general guardian or a guardian ad litem appointed by the court subject to RCW 74.20.310. The child’s mother or father may not represent the child as guardian or otherwise.”
— Wash. Rev. Code § 74.20.310(2) — 2 cases
State Ex Rel. Henderson v. Woods, 865 P.2d 33 (Wash. Ct. App. 1994). “The trial court's duty to appoint a guardian ad litem is subject to RCW 74.20.310. 4 RCW 26.26.090(1). The court is not required to appoint a guardian ad litem where [t]he action is brought by any prosecuting attorney on behalf of the state and the child when referral has been…”
State Ex Rel. Campbell v. Cook, 938 P.2d 345 (Wash. Ct. App. 1997). “Former RCW 74.20.310, Laws of 1979, 1st Ex. Sess.”
— Wash. Rev. Code § 74.20.310(l)(b) — 1 case
State Ex Rel. Henderson v. Woods, 865 P.2d 33 (Wash. Ct. App. 1994). “The trial court's duty to appoint a guardian ad litem is subject to RCW 74.20.310. 4 RCW 26.26.090(1). The court is not required to appoint a guardian ad litem where [t]he action is brought by any prosecuting attorney on behalf of the state and the child when referral has been…”
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