What are Washington's adoption laws?

Washington's adoption laws are in the Revised Code of Washington Chapter 26.33, and for a stepparent adoption they are fairly straightforward: you file a petition in the Superior Court, there is no minimum residency period, and the other parent's rights can be addressed within the same adoption case. Here is how the main pieces work.

Where you file: Washington has 39 counties, and each has its own Superior Court. Venue is the Superior Court in the county where the petitioner lives or where the person being adopted is domiciled (RCW 26.33.030).

Residency: Washington sets no minimum residency period.

Who can adopt: Any legally competent person who is 18 or older may be an adoptive parent (RCW 26.33.140). Washington doesn't specify a minimum length of marriage for stepparent adoption. If the petitioner is married, the spouse must join the petition (RCW 26.33.150(4)).

Consent:

• A child who is 14 or older must consent to the adoption (RCW § 26.33.160).
• The other legal parent's consent matters too. If that parent won't or can't consent, the court may look at abandonment.

Abandonment: Washington sets no fixed number of months. Abandonment depends on the parent's overall conduct (RCW § 26.33.120). Whether a particular situation qualifies depends on its facts. For a contested case or a parent you can't locate, check with the Superior Court clerk or an attorney.

Termination of rights: It isn't a separate proceeding in Washington. It is handled within the adoption case.

Home study and background checks: Washington requires criminal background checks for adoptive parents. Courts may waive the home study in stepparent adoptions (RCW 26.33.220). Ask your county clerk whether it applies to you.

Adult adoption: Washington allows it. Any person may be adopted regardless of age or residence (RCW 26.33.140). The adoptee must consent if 14 or older, and parental consent is required only when the adoptee is under 18 (RCW 26.33.160(1)). The home study reports are not required when the adoptee is 18 or older (RCW 26.33.220). After a hearing, the court enters the decree (RCW 26.33.240).

Timeline: A stepparent adoption of a minor typically takes 3-6 months. An adult adoption typically takes 4-8 weeks.

Cost: Court filing fees typically run $200-$500, and the total cost is typically under $1,000. Hiring an attorney commonly runs $3,000-$5,000+. Your county's Superior Court clerk can confirm the exact fee.

Records: Vital records in Washington are handled by the Washington State Department of Health Center for Health Statistics.

How courts and the process work: The court sets a hearing and gives notice to everyone whose consent is required, unless they have waived notice in writing. Because each situation differs, it's worth confirming specifics with the clerk or an attorney if your case isn't straightforward.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.