The 5 Washington Adoption Laws You Need to Know

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.

Top 5 Washington Adoption Laws

Birth Father's Legal Rights

Does my baby's father have to agree to the adoption in Washington?

Consent to adoption is required of both parents. Consent is not required of a parent when:

  • The court finds the proposed adoption is in the best interest of the child
  • The parent has committed rape against the child; or
  • Rape against the other parent resulting in the conception of the child.

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.

Wash. Rev. Code, §§ 26.26.300 (2020)

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Expectant/Birth Mother Living Expenses

Can I get help with my living expenses during my pregnancy in a Washington adoption?

In Washington, an expectant mother may receive money for medical expenses and legal fees.

Wash. Rev. Code, § 9A.64.030 (2020)

Separate Legal Representation

Will I be offered my own Washington adoption lawyer?

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.

Open Adoption

How does Open Adoption work in Washington?

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)

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How does Consent to Adoption work in Washington?

How does the legal process for adoption work in Washington?

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) 

How long will I have to change my mind about adoption in Washington?

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.

Wash. Rev. Code, § 26.33.160(2-3) (2020)

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