We divorced and remarried — can my spouse adopt my child now in Washington?

Yes, your spouse can ask a Washington Superior Court to approve a stepparent adoption of your child now that you are married again, and Washington does not specify a minimum length of marriage. Your current marriage is what puts your spouse in the position of a stepparent. The earlier divorce is not a listed condition in the Washington requirements below. If you wonder how it should appear in your paperwork, the Superior Court clerk in your county or an attorney can confirm that for your situation.

Where it is filed: The petition goes to the Superior Court. Washington has 39 counties, and each county's court handles its own filings.

Residency: Washington has no minimum residency period for this adoption (RCW 26.33.030).

The other biological parent: Your child's other parent must either consent or be found to have abandoned the child (RCW § 26.33.120). Washington sets no fixed number of months for abandonment. It depends on the parent's overall conduct. Whether this applies to your family depends on your facts, so a contested case or an unknown parent is a good reason to speak with an attorney or the court clerk.

Your child's consent: If your child is 14 or older, their consent is required (RCW § 26.33.160).

Background check: Washington requires criminal background checks for adoptive parents, so your spouse should expect one.

Home study: Home study rules are found in RCW 26.33.220. The clerk in your county can tell you what applies to your family and how it is handled locally.

Timeline: A stepparent adoption in Washington typically takes about 3-6 months.

Cost: Court filing fees typically run $200-$500, and the total typically comes to under $1,000. Hiring an attorney for the whole process commonly costs $3,000-$5,000+.

What to gather before you start:

• Your marriage information, since the court looks at your current marriage
• Your child's details and bir