How does the adoption process work in Washington?
Washington's Adoption Act, RCW Chapter 26.33, is administered in Superior Court and combines fairly short consent windows with a robust home-study regime.
1. Types of Adoption
2. Petitioner Eligibility
Under RCW 26.33.140, any legally competent person who is at least 18 years old may adopt. There is no fixed Washington residency requirement, but the petition must be filed in the Superior Court of the petitioner's, child's, or placing agency's county.
3. Consent Requirements
Under RCW 26.33.080, a consent to adoption may be executed by a birth parent at any time after 48 hours following the child's birth (or before birth, but such pre-birth consent becomes effective only after revocation period). Under RCW 26.33.160, a consent is revocable within 48 hours after execution or before approval by the court, whichever is later. After that, the consent is irrevocable absent fraud or duress.
4. Home Study
A pre-placement report under RCW 26.33.190 is required in all independent and agency placements and conducted by a licensed Washington agency or court-approved individual. Step-parents and certain relatives are exempt.
5. Termination of Parental Rights (TPR)
Voluntary via consent. Involuntary TPR under RCW 13.34.180 on grounds of dependency, parental unfitness, or failure to remedy. Interstate placements require ICPC under RCW 26.34. ICWA (25 U.S.C. § 1901) applies, and Washington's own state ICWA (RCW 13.38) provides parallel protections.
6. Finalization Hearing
A Superior Court hearing is held typically 6 months after placement (RCW 26.33.250). The court enters the Decree of Adoption, and the State Registrar issues an amended birth certificate (RCW 26.33.300).
This is legal information, not legal advice.
- Consent revocation attempted within 48 hours of signing
- Possible application of Washington state and federal ICWA
- Birth father not on consent and putative-father notification
- RCW Ch. 26.33
- RCW 26.33.080
- RCW 26.33.190
- RCW 13.38 (WA ICWA)
- 25 U.S.C. § 1901 (ICWA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.