One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Washington?

Yes, you can ask the Washington Superior Court to approve the adoption of both stepchildren, even though only one father consents. Each child has their own other parent, so the two situations are handled separately, and one father's refusal does not automatically stop the adoption of the other child.

Child whose father consents: His written consent is the key piece for that child. Washington has no minimum residency period for you to meet before filing (RCW 26.33.030).

Child whose father does not consent: The question is whether the court can find abandonment under RCW § 26.33.120. Washington sets no fixed number of months for this. Abandonment depends on the parent's overall conduct. A few points are worth knowing:

• Courts look at the whole relationship, not just money. Sporadic child support does not by itself prevent an abandonment finding if the father has not kept up meaningful contact with the child.
• Years of non-involvement is the kind of history that typically supports an abandonment finding.
• If he actively contests the adoption, the outcome depends on your specific facts. For that issue, talk to an attorney or the Superior Court clerk in your county.

If a child is 14 or older: That child's own consent is required under RCW § 26.33.160. If either of your stepchildren is 14 or older, plan on having them sign.

Other requirements that apply to both children:

• Background checks: Washington requires criminal background checks for adoptive parents.
• Home study: The home study rules are in RCW 26.33.220. Washington allows courts to waive the home study in some stepparent adoptions, but the waiver is the court's decision, so ask the clerk how it works in your county.
• Marriage length: Washington does not set a minimum length of marriage.

Timeline and court costs: A stepparent adoption in Washington typically takes about 3-6 months. Court filing fees generally run $200-$500, and the total cost of doing it yourself is typically under $1,000, compared with roughly $3,000-$5,000 or more with an attorney. Whether to file both children's petitions together, and how service on the non-consenting father should be handled, are details your county's Superior Court clerk can confirm.

Where an attorney may help: If the non-consenting father is likely to fight the adoption, or if you are unsure where he is or whether he has legal rights, a consultation with a Washington family law attorney on that one issue is a sensible step. Washington courts are generally supportive of stepparent adoptions that serve the child's best interests, but each case turns on its own facts.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online about each child and each father. We prepare the complete court document package for your county, including the paperwork that fits each father's situation, and you file it yourself without an attorney. Court-ready documents are delivered within 24-48 hours after you finish the questions.