Washington Stepparent Adoption Guide 2026

The short answer: in Washington, a stepparent adopts by filing a petition for adoption in superior court, with the spouse joining, and attending a short final hearing. Washington doesn't make you wait for the other parent's signature. The court can terminate his rights when he has failed to perform parental duties with a substantial lack of regard for his obligations, and it can terminate them if he simply doesn't appear after proper notice (RCW 26.33.120). In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent: the father never signed, and the judge approved the adoption anyway.

What Are the Legal Requirements for Stepparent Adoption in Washington?

Washington's adoption law is in chapter 26.33 RCW. The basics:

• Who can adopt: any legally competent person 18 or older (RCW 26.33.140).
• Your spouse joins: the petition is signed under penalty of perjury, and if the petitioner is married, the petitioner's spouse joins in it (RCW 26.33.150).
• Consents: consent is required from the child if 14 or older, and from the parents, unless the court terminates a parent's rights or dispenses with his consent (RCW 26.33.160, 26.33.170).
• Reports: when you're adopting your spouse's child, the preplacement report isn't required unless the court orders it (RCW 26.33.220). The court orders a post-placement report when the petition is filed (RCW 26.33.200).
• Indian Child Welfare Act: the petition states whether the child is an Indian child, and special rules apply if so.

Does the Other Parent Have to Consent?

Not if the court terminates his rights. In practice, most stepparent adoptions go forward that way: the other parent never signs, and the judge grants the adoption.

Washington's termination statute, RCW 26.33.120, gives two main routes for a stepparent adoption:

Unlike some states, Washington's statute doesn't set a fixed number of months. The court looks at the parent's actual conduct. A parent who hasn't called, visited or supported the child in years, with only an occasional token gesture, is the kind of conduct the statute describes as "a substantial lack of regard for his parental obligations."

If the other parent agrees

He signs a written consent. In Washington, a parent's consent can be revoked by written notice to the court clerk until the court approves it. After approval, it generally can't be revoked except for fraud, duress or lack of mental competency, raised within one year (RCW 26.33.160).

If the other parent has died

No consent is needed from him. You provide the death certificate.

What If I Don't Know Where the Other Parent Is?

That doesn't stop the adoption. Washington spells out exactly what to do when a parent can't be personally served (RCW 26.33.310):

1. Mail notice by first-class and registered mail to his last known address at least 30 days before the hearing, and
2. Publish notice once a week for three consecutive weeks in a legal newspaper, with the first publication at least 30 days before the hearing.

Publication runs in the city or town of his last known address. If you don't know any address, it runs where his last known whereabouts were, or where the case is filed. If he doesn't appear, the court may terminate his rights (RCW 26.33.120(3)). Keep a dated log of your search; it makes your declaration easy to write.

Can Unmarried Couples Adopt in Washington?

Washington's statute lets any legally competent adult adopt (RCW 26.33.140); it isn't limited to spouses. But "stepparent adoption" assumes a spouse, and the structure of an adoption by an unmarried partner, including how the child's parent keeps their own rights, should be set up correctly from the start. If you're not married, talk with a Washington family law attorney or see the Washington state guide.

Here is how a Washington stepparent adoption moves from filing to decree.

Step 1: Gather Your Documents

Step 2: File in Superior Court

File the petition for adoption, signed under penalty of perjury with your spouse joining. Include any written consents. If the other parent hasn't consented, file the petition to terminate his rights. Ask your county clerk for the current filing fee and whether you qualify for a fee waiver.

Step 3: Serve the Other Parent, or Publish

Serve him under the superior court civil rules, at least 20 days before the termination hearing if he's in Washington or 30 days if he's out of state. If you can't serve him personally, use the mail-plus-publication method above.

Step 4: The Post-Placement Report

When you file, the court orders a post-placement report on the home and the child's situation, prepared by an agency, the department, a court-approved individual or a qualified court employee. It's filed within 60 days of the appointment unless the court extends the time (RCW 26.33.200). A fee may be charged. The preplacement report isn't required for a stepparent unless the court orders it.

Step 5: Final Hearing and Decree

Once the reports are filed, the court schedules the adoption hearing at your request (RCW 26.33.240). If the necessary consents are valid or dispensed with, and the adoption is in the child's best interest, the judge enters the decree. The decree states that the petitioner is a stepparent, gives the child's new name if it's changing, and includes the information used for the new birth certificate (RCW 26.33.250). If your stepchild is 14 or older, their consent is required. Hearings are usually short, and many courts welcome photos.

Step 6: New Birth Certificate and Records

After the decree, the vital records office in the child's birth state issues an amended birth certificate. Order several certified copies of the decree for Social Security, school, insurance and passports.

How Long Does It Take, and What Does It Cost?

Many uncontested adoptions finish within a few months. In Washington, the notice periods (20 or 30 days for service; publication starting at least 30 days before the hearing) and the post-placement report (due within 60 days of appointment unless extended) set much of the pace, along with your court's calendar.

Our Washington document package is $349. Superior court filing fees, service or publication, the post-placement report fee, and certified copies are separate and vary by county. See our cost guide.

Frequently Asked Questions

Can I adopt my stepchild in Washington if the other parent hasn't been around for years?

Yes. Washington can terminate his rights when he has failed to perform parental duties with a substantial lack of regard for his obligations, or when he doesn't appear after proper notice (RCW 26.33.120). In our experience, that's how most stepparent adoptions happen: the father never signs, and the judge approves the adoption anyway.

Does Washington require a specific period of no contact?

No fixed number of months is written into RCW 26.33.120. The court looks at the parent's conduct as a whole. A long record of no contact and no support, with only token gestures, is exactly what the statute describes.

What if I have no idea where the other parent is?

Mail notice to his last known address and publish once a week for three consecutive weeks, starting at least 30 days before the hearing (RCW 26.33.310). If he doesn't appear, the court may terminate his rights.

Does my stepchild have to consent?

Yes, if the child is 14 or older (RCW 26.33.160).

Is a home study required for stepparent adoption in Washington?

The preplacement report isn't required when you adopt your spouse's child unless the court orders it (RCW 26.33.220). The court does order a post-placement report when the petition is filed (RCW 26.33.200).

Do I need a lawyer?

Many families prepare their own papers for an uncontested stepparent adoption. If the other parent appears and contests, that's the time to talk with a Washington family law attorney.

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: Revised Code of Washington §§ 26.33.110, 26.33.120, 26.33.140, 26.33.150, 26.33.160, 26.33.170, 26.33.200, 26.33.220, 26.33.240, 26.33.250 and 26.33.310 (app.leg.wa.gov); Child Welfare Information Gateway, "Stepparent Adoption" factsheet. Company figures (34,000+ families since 2001; about 80% of completed stepparent adoptions without the other parent's consent) are from our own records.