Can a same-sex stepparent adopt in Washington?

Yes, a same-sex stepparent can pursue a stepparent adoption in Washington. Washington's adoption law (Revised Code of Washington Chapter 26.33) says that any person who is legally competent and 18 or older may be an adoptive parent (RCW 26.33.140(2)). The steps below are the ones every stepparent follows.

Where it's filed: The adoption is filed in the Superior Court in your county. Washington has 39 counties, and the Superior Court clerk where you live can confirm local filing details.

What the process looks like:

• Residency: Washington has no minimum residency period (RCW 26.33.030).
• Child's consent: A child who is 14 or older must consent (RCW § 26.33.160).
• The other legal parent: The court looks at whether that parent consents. If the parent has not been involved, abandonment may be the basis for adopting without consent (RCW § 26.33.120). Washington sets no fixed number of months for abandonment. The court looks at the parent's overall conduct. Occasional child support does not by itself settle the question, because the court looks at the whole relationship.
• Background check: Washington requires criminal background checks for adoptive parents.
• Home study: Washington allows courts to waive the home study in stepparent adoptions when the child has been living with the stepparent (RCW 26.33.220). The clerk can tell you how your county handles it.
• Marriage length: Washington doesn't specify a minimum marriage duration.

Timeline and cost: Stepparent adoptions in Washington typically take 3-6 months. Court filing fees generally run $200-$500, and the total typically comes to under $1,000 when you prepare the paperwork yourself.

Common situations:

• A wife adopting her wife's child from a prior relationship.
• A husband adopting his husband's child from a prior relationship.

Each of these is a stepparent adoption, so the steps above apply. Washington courts are supportive of stepparent adoptions because they give children stability and legal protection, and judges routinely approve adoptions that are in the child's best interest.

Where your facts matter: Some situations depend on the details. Examples are a second-parent adoption when you are not married to your partner, a parent who cannot be located, or a parent who objects. Washington law on those points should be confirmed with the Superior Court clerk in your county or with an attorney who can look at your specific facts.