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Can I adopt my stepchild if there are unpaid child support arrears in Washington?

3 min readHelping families since 2001Washington
In this answer · 1 sections

Yes, you can pursue a stepparent adoption in Washington even when there are unpaid child support arrears. The Superior Court looks at the other parent's overall relationship with your child, not just the money they owe or have paid.

How support and abandonment fit together: Washington sets no fixed number of months for abandonment. Under RCW § 26.33.120, it depends on the parent's overall conduct. Washington courts look at the whole relationship, not only financial contributions. A parent who pays support sporadically, or pays none at all, is not judged on payments alone. Payments do not prevent an abandonment finding if the parent hasn't kept up meaningful contact with your child. In the same way, owing arrears is not the same thing as abandonment. The question is how involved that parent has actually been.

What happens to the arrears after adoption: This is the part that depends on your situation. Whether past-due amounts can still be collected after an adoption, and how the adoption affects an existing support order, are questions to confirm with the Superior Court clerk in your county or with an attorney. If the arrears are large, it is reasonable to ask that question before you file, and to talk it over with your spouse. Some families weigh the arrears against the value of finishing the adoption, and that is a personal decision.

Key Washington facts for your planning:

  • Court: Your petition is filed in the Superior Court in your county.
  • Residency: Washington sets no minimum residency period. Venue is addressed in RCW 26.33.030.
  • Your child's consent: A child who is 14 or older has a consent role under RCW § 26.33.160.
  • Timeline: A stepparent adoption typically takes 3-6 months.
  • Court costs: Filing fees typically run $200-$500, and total costs are typically under $1,000 when you do not hire an attorney. Attorney-handled adoptions often run $3,000-$5,000 or more.

If the other parent may contest: If that parent has not formally given up their rights, or if they are likely to object, the outcome depends on the specific facts. Ask an attorney or the Superior Court clerk about your situation. We cannot tell you how a judge will rule in a particular case.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 1104 Washington families, and more than 34,000 families nationally since 2001.

Stepparent adoption in Washington at a glance

Court
Superior Court
Residency before filing
No minimum period
Typical timeline
3-6 months
Court filing fee
$200-$500
Child must consent at age
14
Home study
May be required
Washington families we've helped
1,104

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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