Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Washington may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Washington child adoption law including such topics as advertising, the use of adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called
a Consent, Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Rev. Code § 26.33.400(1)-(2)
No person or entity shall cause to be published for circulation, or broadcast on a radio or television station an advertisement of a child or children offered or wanted for adoption, or shall hold himself
or herself out through such advertisement as having the ability to place, locate, dispose, or receive a child or children for adoption unless such person or entity is:
A duly authorized agent, contractee, or employee of the department or a children's agency or institution licensed by the department to care for and place children
A person who has a completed pre placement report with a favorable recommendation as to the fitness of the person to be an adoptive parent
Nothing in this section prohibits an attorney from advertising his or her availability to practice or provide services to the adoption of children.
Use of Intermediaries/Facilitators
Citation: Rev. Code § 26.33.390(2)-(3)
Any person adopting a child shall receive from the adoption facilitator written information on adoption-related services. This information may be that published by the department or any other social
service provider and shall include information about how to find and evaluate appropriate adoption therapists, and may include other resources for adoption-related issues.
Any person involved in providing adoption-related services shall respond to requests for written information by providing materials explaining adoption procedures, practices, policies, fees, and services.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 9A.64.030(2)(f)
Prenatal, hospital, or medical expenses
Attorney's fees and court costs
Allowable Payments for Relinquishing Child
Citation: § 9A.64.030(1)
It is unlawful for any person to sell or purchase a minor child.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Code § 26.33.160
Consent to an adoption shall be required of the following, if applicable:
The parents and any alleged father of a child under age 18
An agency or the department to whom the child has been relinquished pursuant to § 26.33.080
The legal guardian of the child
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Code § 26.33.160
A child who is age 14 or older must consent to the adoption.
When Parental Consent is not Needed
Citation: Rev. Code §§ 26.33.120; 26.33.170
Except in the case of an Indian child, the parent-child relationship of a parent may be terminated upon a showing by clear and convincing evidence that it is in the best interest of the child to terminate
the relationship, the parent has failed to perform parental duties, and is withholding consent to adoption contrary to the best interest of the child.
Except in the case of an Indian child, the parent-child relationship of an alleged father who appears and claims paternity may be terminated upon a showing by clear and convincing evidence that it is in
the best interest of the child to terminate the relationship; that the alleged father has failed to perform parental duties under circumstances showing a substantial lack of regard for his parental obligations;
that he is withholding consent to adoption, contrary to the best interest of the child; or that he is not the father.
The parent-child relationship of an Indian child and his or her parent or alleged father where paternity has been claimed or established may be terminated only pursuant to the standards set forth in
25 U.S.C. § 1912(f).
The consent of an agency, the department, or a legal guardian may be dispensed with if the court determines by clear and convincing evidence that the proposed adoption is in the best interests of the
child.
The consent of an alleged father, birth parent, or parent may be dispensed with if the court finds that the proposed adoption is in the best interests of the child, and the alleged father, birth parent,
or parent:
Has been found guilty of rape or incest where the child was the victim of the rape or incest
Has been found guilty of rape or incest where the other parent of the child was the victim of the rape or incest and the child was conceived as a result of the rape or incest
When Consent Can Be Executed
Citation: Rev. Code §§ 26.33.080; 26.33.160
A petition for relinquishment, together with the written consent to adoption, may be filed before the child's birth. If the child is an Indian child, the petition and consent shall not be signed until
at least 10 days after the child's birth and shall be recorded before a court of competent jurisdiction pursuant to 25 U.S.C. § 1913(a).
The consent will not be presented to the court until 48 hours after it is signed or 48 hours after the birth of the child, whichever occurs later. In the case of a consent to an adoption of an Indian child,
no consent shall be valid unless the consent is executed in writing more than 10 days after the birth of the child.
Revocation of Consent
Citation: Rev. Code § 26.33.160
Consent to adoption is revocable by the consenting party at any time before the consent is approved by the court. The revocation may be made in either of the following ways:
Written revocation may be delivered or mailed to the clerk of the court before approval.
Written revocation may be delivered or mailed to the clerk of the court after approval, but only if it is delivered or mailed within 48 hours after a prior notice of revocation that was given within 48
hours after the birth of the child. The prior notice of revocation shall be given to the agency or person who sought the consent and may be either oral or written.
Consent to adoption may not be revoked after it has been approved by the court. Within 1 year after approval, a consent may be revoked for fraud or duress practiced by the person, department, or agency
requesting the consent, or for lack of mental competency on the part of the person giving the consent at the time the consent was given. A written consent to adoption may not be revoked more than 1 year
after it is approved by the court.
In the case of consent to an adoption of an Indian child, consent may be withdrawn for any reason at any time prior to the entry of the final decree of adoption. Consent may be withdrawn for fraud or
duress within 2 years of the entry of the final decree of adoption.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 26.26.320; 26.33.110
A man claiming to be the father of a child may sign an acknowledgment of paternity with the intent to establish paternity.
The putative father must file a claim of paternity or respond to the petition for termination of rights within 20 days of the date of service of the petition if served within the State, or 30 days if served
outside of the State.
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