Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Washington adoption laws you need to know about when considering this for your family.
Consent to adoption is required of both parents. Consent is not required of a parent when:
In the case of an Indian child, the court may terminate parental rights in certain circumstances.
Wash. Rev. Code, §§ 26.33.160, 26.33.120, 26.33.170 (2020)
In Washington, a father may acknowledge paternity.
In Washington, an expectant mother may receive money for medical expenses and legal fees.
This issue is not addressed under Washington law, but you still need to make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.
A post-adoption contact agreement does not have to disclose identifying information for the agreement to be enforceable. The court may not accept the agreement unless it is in writing and approved by the adoptive parents, the birth parents if they have not yet had their rights terminated, and, if applicable, has the approval of the child’s legal representative or agency representative. The agreement may be enforced by civil action and the prevailing party may be awarded attorney’s fees. Failure to comply with the agreement does not affect the validity of the adoption. The court may not modify the agreement unless it is in the best interests of the child and either, the birth parents and adoptive parents have consented to the modification, or exceptional circumstances have arisen and the agreement is no longer in the best interest of the child.
Wash. Rev. Code, § 26.33.295 (2020)
Click here for a map showing which states enforce open adoption agreements.
Consent may be signed before the child is born and must be written and signed under penalty of perjury and in the presence of at least one witness.
Wash. Rev. Code, §§ 26.33.160, 26.33.080 (2020)
Consent is irrevocable once an adoption has been approved except for when there is proof of fraud or duress up to one one year after approval.