Washington Adoption Laws
By Natalie Moritz | Legally reviewed by Laura Temme, Esq. | Last reviewed November 04, 2024
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State law governs the adoption process in Washington. These statutes regulate:
- Who can adopt
- Who is eligible to be adopted
- When consent is needed in an adoption
Adopting a child changes the lives of everyone in an adoptive family. This article provides a brief overview of adoption laws in the state of Washington.
Washington Adoptions: The Basics
Washington state law allows any eligible adult at least 18 years old to be an adoptive parent. The law also allows any person, regardless of age or residence, to be adopted. Still, most adoptions involve minor children.
Many adopted children come through the state’s foster care system. Others find permanent homes through other types of adoption, like private or international adoptions.
In Washington, biological parents can voluntarily relinquish their parental rights before or after the child is born. But, involuntary relinquishment occurs in some cases. This happens when birth parents’ parental rights are terminated due to circumstances that significantly impact or harm the child. For example:
- Child abuse, neglect, or abandonment
- Chronic mental illness
- Criminal conviction of a violent crime
- Incarceration
- Substance abuse
Public Adoptions vs. Private Adoptions in Washington
The WA State Department of Children, Youth, and Families (DCYF) regulates public adoptions in the state. Adoptees are children in the DCYF’s foster care system. Because of this, the DCYF requires any prospective adoptive parent to first become a licensed foster parent.
Public adoptions are typically the least expensive way to adopt. Costs are kept low, and out-of-pocket expenses such as attorney’s fees are often eligible for reimbursement. Public adoption parents in Washington may also be eligible for other reimbursements and subsidies, including:
- An adoption subsidy
- A one-time adoption cost reimbursement, up to $1,500 per eligible adopted child
- A federal tax credit of up to $15,950 per eligible adopted child
Washington’s Adoption Support Program provides financial and medical support for families who adopt children with special needs. The cost of a private adoption in Washington ranges between $4,000 and $40,000. In private adoptions, prospective parents work with a private agency rather than the DCYF public foster care system for adoption services.
Other Types of Adoptions in Washington
DCYF only facilitates public adoptions of minor children. They do not handle other types of adoptions, such as:
- Adult adoptions
- Independent adoptions
- International adoptions
- Private adoptions
- Stepparent adoptions
Independent Adoptions
Independent adoptions don’t involve adoption agencies. Instead, parties work together directly with help from an attorney.
This type of adoption offers more flexibility but also limits certain support and resources. Adoptive parents and birth families don’t have automatic access to legal resources, mental health support, and medical care. The cost for independent adoptions in Washington ranges from $8,000 to $40,000.
Stepparent and Relative Adoptions
A stepparent or relative adoption occurs when a stepparent or family member legally adopts a child. Relative adoptions can involve:
- Grandparents
- Aunts and uncles
- Siblings
- Other extended family members
Stepparent adoptions refer to when a stepparent adopts their spouse's child. Stepparent adoptions typically require the non-custodial biological parent to consent to adoption. Consent may not be necessary if that parent’s parental rights have been legally terminated.
Washington does not require a home study for all stepparent and relative adoptions. The home study portion of the adoption process evaluates prospective adopters and their home and family life. Social workers use the home study to verify adoptive parents and their homes are suitable and prepared for adoption.
International Adoptions
Adoptive parents considering international adoption must comply with the laws of the adoptee’s country. This is in addition to U.S. federal laws and state laws. Parents must also consider immigration status and anticipate cultural and language differences, higher costs, and longer waiting periods.
Adoptive parents can visit the Washington State Department of Health website for information on registering an adoption for a child born outside the U.S. and obtaining a birth certificate.
Overview of Washington Adoption Laws
Use the chart below for a basic overview of Washington’s adoption laws. A family law attorney can help you better understand these statutes and what they mean, if necessary.
Washington Adoption Code Statutes |
Washington Revised Code Chapter 26.33 - Adoption
|
---|---|
Who May Be Adopted |
Any person, regardless of age or residence, may be adopted |
Who May Adopt |
Any person 18 years or older who is legally competent and has an approved family assessment |
Age at Which the Child's Consent Is Required |
14 years or older |
Home Residency Required Prior to Finalization of Adoption? |
Not required |
State Agency/Court |
|
Statute of Limitations to Challenge |
1 year, only allowed by appellate rules |
Note: Washington state laws are subject to change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, it’s best to consult an attorney to learn how these laws apply to your unique situation.
Washington Adoption Laws: Related Resources
- Washington Family Laws
- Open vs. Closed Adoption
- Adoption Court Procedures FAQ
- Post-Adoption Questions and Answers (Washington State DCYF)
- Different Types of Adoption
Need More Help With a Washington Adoption? Talk to an Adoption Lawyer
Washington adoptions can be a lengthy and confusing legal process. Prospective adoptive parents don’t have to move through the adoption process alone. Legal advice is available if you need help with:
- Preparing the required documents
- Filing the petition to adopt
- Securing a court date to finalize the adoption
- Navigating adult adoptions and open adoption agreements
Contact a Washington adoption attorney today to learn how they can support you with your adoption journey. They can help your family grow.
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