What if the biological parent is deceased in Washington?

Yes, a stepparent adoption can still move forward in Washington when the other biological parent has died, and it is filed in your county's Superior Court. What the court needs for the deceased parent's side of the case is a detail to confirm locally, so here is what we can tell you with confidence and what to check.

What stays the same:

• Court: Your petition goes to the Superior Court. Washington has 39 counties, and each clerk's office can explain its local filing steps.
• Residency: Washington sets no minimum residency period for filing (RCW 26.33.030).
• Background check: Washington requires criminal background checks for adoptive parents, so the adopting stepparent should expect one.
• Child's consent: If your child is 14 or older, the child's own consent is part of the process (RCW § 26.33.160).
• Home study: Home study reports are addressed in RCW 26.33.220. Washington allows courts to waive the home study in some stepparent adoptions, so ask the clerk how that applies to your family.

What changes, and what to confirm:

When a parent has died, there is no living parent to locate or notify, and that is usually what families ask about. Abandonment (RCW § 26.33.120) is about a living parent's conduct. Washington sets no fixed number of months for it, and it depends on the parent's overall conduct. It is a separate question from a parent who has passed away.

The exact paperwork and steps the court wants for a deceased parent, including whether it asks for a certified death certificate, should be confirmed with the Superior Court clerk in your county. If the family situation is complicated, for example if you are unsure about the other parent's status or someone may object, an attorney can advise on that specific issue.

If you need a certified death certificate, the Washington State Department of Health Center for Health Statistics is the vital records agency to contact.

Timeline and cost:

Washington stepparent adoptions typically take 3-6 months. Because the process depends on your county and your circumstances, the clerk can tell you what to expect for yours.