In this answer · 2 sections
Yes, a stepparent can adopt in Washington, and the law says any person may be adopted regardless of age or residence (RCW 26.33.140). The data on adoption does not single out former foster youth, so the steps below depend mostly on whether you are 18 or older. How your foster care history or any old court orders affect your case is a question for the Superior Court clerk in your county or an attorney.
If you are 18 or older:
- Your own consent is required, along with your legal guardian's if you have one (RCW 26.33.160(1)).
- Parental consent is required only for adoptees under 18, so your birth parents' consent is not part of an adult adoption (RCW 26.33.160(1)).
- The preplacement and post-placement home study reports are not required for adoptees 18 or older (RCW 26.33.220).
- Your stepparent's spouse, your parent, must join the petition (RCW 26.33.150(4)).
- The court schedules a hearing, gives notice to anyone whose consent is required unless they waive it in writing, and enters the decree after the hearing (RCW 26.33.240).
- The typical timeline is 4-8 weeks.
If you are under 18:
- If you are 14 or older, your consent is required (RCW 26.33.160).
- The other birth parent's rights must be addressed, either through their consent or through abandonment. Washington sets no fixed number of months for abandonment. The court looks at the parent's overall conduct (RCW § 26.33.120).
- Washington requires criminal background checks for adoptive parents.
- Home study rules apply to minors. Ask the clerk whether yours can be waived, since that depends on your situation (RCW 26.33.220).
- The typical stepparent adoption timeline is 3-6 months.
Where to file: The case is filed in the Superior Court of the county where the petitioner lives or where the adoptee is domiciled (RCW 26.33.030). Washington has no minimum residency period for the adoptee.
Foster care specifics: If a court ended a parent's rights, or if a foster care case is still open, those orders may matter to your petition. Whether they change who must consent, or whether any adoption assistance continues, depends on your facts.
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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