Can I adopt my stepchild if the biological father lives in another country and we live in Washington?

Yes, you can pursue a stepparent adoption in Washington even though the biological father lives in another country. The case is filed in a Washington Superior Court and decided under Revised Code of Washington Chapter 26.33. His living abroad does not by itself stop the case, but it can raise questions about notice and consent that depend on your facts.

Where you file

• Court: Stepparent adoptions are filed in the Superior Court. Washington has 39 counties, and the clerk in your county can confirm the right location for your petition (see RCW 26.33.030).
• Residency: Washington has no minimum residency period for this kind of adoption.
• Timeline: Stepparent adoptions in Washington typically take about 3-6 months. Whether a parent overseas changes that depends on your situation, so ask the Superior Court clerk or an attorney.

The father's consent

Parental consent is required when the person being adopted is under 18 (RCW 26.33.160(1)). If the father is willing, his consent is the simplest path. How a consent signed abroad must be signed or verified, and how a parent in another country must be notified, are questions to confirm with the Superior Court clerk or an attorney, because the answer can vary with his country and your circumstances.

If he is not involved

If he will not consent, or has had no real role in the child's life, abandonment may be the basis for going forward (RCW § 26.33.120).

• Washington sets no fixed number of months for abandonment. It depends on the parent's overall conduct.
• Years of non-involvement typically support an abandonment finding.
• Sporadic child support does not prevent that finding if he has not kept up meaningful contact. Washington courts look at the overall relationship, not just money.
• If he contests the adoption, or you do not know where he is, that is a fact-specific situation where you should get advice from an attorney.

Other Washington requirements

• Child's consent: A child 14 or older must consent (RCW § 26.33.160).
• Home study: It is not automatically waived in Washington (RCW 26.33.220). Courts may waive it in some stepparent cases, and the clerk can tell you whether it applies to you.
• Background checks: Washington requires criminal background checks for adoptive parents.
• Marriage length: Washington does not specify a minimum