Adoption in Washington State: An Overview
Adoption in Washington State is governed by a complex set of state statutes that dictate the legal process to be followed before an adoption can be legally recognized. This guide provides an overview of adoption laws in Washington to assist people considering the adoption process. It examines the requirements for the adoption of children who were born in the state, as well as abandoned children and step-parent adoptions. As state courts have wide discretion in deciding the best interests of the child involved in an adoption , the guidance of an experienced attorney can be beneficial.
Washington also provides for the adoption of adults. Oftentimes this occurs in a step-parent adoption when one parent remarries. Other state statutes identify the process through which an adult can adopt another adult over the age of 18.
The Washington State Department of Children, Youth, and Families ("DCYF") has adopted rules providing for an open adoption registry to allow the birth parents of an adopted child to communicate their preferences regarding information provided to the child regarding the adoption. It also allows for the exchange of information. Potentially adopted children may request information from an open adoption registry once they have reached 18 years of age.
Different Types of Adoption
There are multiple avenues to adopt in Washington. In fact, there are 9 primary types of adoption available in our state. Those include the following:
- Department of Social and Health Services or DSHS adoptions
- DSHS Child in Need of Care Adoption
- Private Adoption Agencies
- Private Adoption Attorneys or Independent Parties
- International (or Foreign) Adoption
- Step-Parent Adoption
- Inter-Country Adoption
- Adult Adoption
- Surrogate Adoption
Most adoptions that are available must be completed under the auspices of the local court system of Washington State. Many of the adoptions available require the proposed adopting parent(s) to go through at least one background check, as well as a home study. The main point of the background check is to ensure that the adopting parent(s) have not committed any crimes against children in the past, such as sexual offenses, or have not been a perpetrator of a child neglect or abuse finding.
The State of Washington also requires the proposed adopting parent(s) to demonstrate their ability to support the child/ren financially, as well as emotionally and physically. They generally prefer that the home study is completed by a social worker or an individual that has knowledge in this area, in lieu of trying to complete the home study themselves.
Navigating the Adoption Process
In Washington State, the process of legally adopting a child can be lengthy and will usually include an adoption agency, social worker, attorney, and potentially a court system. Although Washington adoption laws are straightforward from a legal perspective, the process behind an adoption requires time, resources, patience, and passion.
A range of things can lead you to decide on adopting a child with your family; a desire to care for a lost or abandoned child, the inability to have children, a desire to adopt a child for a family member facing hard times, or a desire to give a loving and struggling child a family.
Regardless of your reasons when you decide to adopt a child to your family you will need to follow legal requirements in the State of Washington. If you adopted a child in Washington then you should skip ahead to our "The Final Step in the Adoption Process" section below.
If you have just recently decided that adopting a child is the best thing for you and your family then you need to do some research. While a general overview is nice, it is important that you read up on Washington State adoption law and speak to someone in the family law practice. The best approach on adoption is to know what to expect before you enter the process.
Although there are nonprofits and agencies dedicated to helping Washington residents, the adoption process is anything but simple. Below are the steps you need to take to adopt a child in Washington:
Depending on your particular situation, this process can take anywhere from weeks to months to possibly even years to finish. However, it is important that you not rush into the process. Make sure you speak with an experienced family law attorney and clear up any questions or concerns about the process.
Likely your attorney will draft a final petition for you. In this petition legal and parental rights will be terminated. Following this your family law attorney will submit another petition seeking a child for adoption. You will then be scheduled for a future court date.
The final step in the process is to finalize the adoption. The hearing in your case may be much like any other legal hearing. You’ll likely meet with your lawyer prior to your hearing to discuss how it will work, who will be in attendance, and what to expect.
Requirements and Eligibility for Adoption
It’s no surprise that adopting a child in Washington requires a number of legal stipulations. To begin, there are certain requirements for adoptive parents, including age, residency and marital status. For example, you must be at least 18 years old to adopt (or marrying couple over 18). You must also have been residing in Washington for at least three months prior to filing an adoption petition.
If you’re married, you can only adopt a child together with your spouse. If you’re single, you may only adopt a child if he or she is the child of a former or current intimate partner, or if you get written consent to adopt the child from all adults with custodial responsibility of the child.
As for serial adoption, there aren’t many limitations on whether you can adopt a child if you’ve adopted a child in the past. The only limitations apply if you previously adopted a child under the age of 18 who was later removed from your home due to abuse or neglect. In this situation, you’re not allowed to adopt another child for 10 years after your last adoption.
International adoption and adoption by LGBTQ+ parents are also regulated by specific legal formalities.
Rights and Obligations of an Adoptive Parent
With the finalization of an adoption, the legal status of the adoptive parents changes. The adoptive parents have all rights and privileges accorded to a biological or natural parent. Adoption grants the adoptive parents the full status as parents to the child. The legal relationship after the adoption is finalized is one that has "the same legal force and effect as if the child had been born to the petitioner . . ." The adoptive parent’s parental relationship with the child includes the following rights and duties: The above list is not exclusive and the adoptive parent is subject to all other duties and rights of a biological parent that are created by Washington law . The adoption agreement also creates rights and obligations for the adopting parents. In an adoption agreement, an adopting parent promises to assume the same rights and responsibilities of a natural parent. The parties intending to adopt a child usually perform the adoption pursuant to a written adoption contract, called an adoption agreement. The adoption agreement includes the following rights and duties: In addition to the foregoing, the parties to an adoption agreement may also include any term or promise that is consistent with the welfare of the child.
Resources and Support After Adoption
Alongside supportive legislation and a strong economy, national and local adoption organizations provide comprehensive post-adoption resources. Such organizations include the Department of Social and Health Services (DSHS) and the Department of Children, Youth, and Families (DCYF) for government support; and North American Council on Adoptable Children and the Korea International Adoption Support Program as two non-profit programs.
DSHS
DSHS and DCYF provide multiple resources for any family experiencing open adoption. Two are the DSHS Administrative Policy Manual and the Washington State Foster Care and Adoption Services websites. The DSHS Administrative Policy Manual offers guidelines for all aspects of open adoptions, such as legally required Disclosure Forms, the Release of Information process, and information about agency and intermediary roles. The Washington State Foster Care and Adoption Services website offers information on support groups and how families can connect to local resources. The site also provides an interactive map of the state, where families simply enter their zip code to get information on their closest adoption resource center and what specific services that center provides. The DSHS also offers general child care information, which includes resources on child development, health, safety, school information, and community resources that may be applicable to some families.
North American Council on Adoptable Children and The Korea International Adoption Support Program
The North American Council on Adoptable Children is a national non-profit organization providing Post-Adoption Counseling Family Support Groups, and other essential services to adoptive families. Such services include assistance with discussing adoption, identity, and race, more effectively. The organization’s handouts and webinars cover an expansive range of topics including Coping with Grief and Loss, Adoption Parenting, and Open Adoption. The Korea International Adoption Support Program is a similar non-profit organization offering large-scale support mechanisms for adoptive families. The organization’s Helpline, Blog, and Post-Adoption Support Group cater to many different adoption-related issues, from grief to raising EunMie Children. Local organizations, meanwhile, such as the Korean American Clinic of Washington and Sammamish Valley School, offer community-based events and workshops for parents, youth, and mentors. The Washington State Adoption System is an extensive resource for not only new but long-time adoptive families. The resources include many knowledgeable sources and links.
Common Questions Regarding Adoption in Washington
Am I eligible for adoption in Washington?
When considering adoption, if you are not married, you must be at least 21 years old. If you are married, both you and your spouse must be at least 18 years old.
What types of adoption can I pursue?
Generally, there are four types of legal adoptions available to the state of Washington:
The state of Washington also recognizes a limited adoption status for children of certain military personnel serving out of state.
What are the steps to adopt in Washington?
Whether you are pursuing a private, agency or stepparent adoption, the three steps to any of these procedures remain the same . They are as follows:
How long will it take to adopt a child in Washington?
The answer to this question will vary significantly based on the type of adoption you pursue and the child’s individual circumstances. While an adoption could take anywhere from six months to a year, some situations like international adoptions could take up to five years to finalize.
Do I need to hire an attorney to adopt my child?
You can technically petition to adopt without an attorney. However, at each step of the process, it will be necessary to follow certain laws, guidelines and procedures to ensure that the adoption is granted. Having a qualified attorney by your side to help navigate through this process, dot your I’s and cross your T’s and fight for your rights if necessary is generally recommended.
