Whether you're considering adoption for your baby, hoping to grow your family, or searching for information about your own adoption, understanding Washington adoption laws is essential. Washington has specific legal processes, timelines, and protections that shape every adoption. By learning your rights and responsibilities under Washington law, you can approach adoption with confidence.

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For Birth Mothers: Your Legal Rights

If you're a birth mother in Washington, it's important to understand your rights and options under state law. This section outlines what the law says about your ability to choose adoption, what happens after you give consent, and how you can stay involved in your child's life. Whether you're exploring open adoption or wondering about birth father consent, these answers are here to guide you.

Can I choose adoption for my baby?

Washington law grants birth mothers the right to voluntarily place a child for adoption, so long as the decision is made without coercion and with full informed consent. Once this consent is reviewed and approved by a court, it becomes legally binding and irrevocable, protecting the integrity and finality of the adoption process.

Relevant Laws: RCW 26.33.080

When can I give my baby up for adoption?

A birth mother in Washington may sign adoption consent documents only after 48 hours have passed since the child's birth. However, comprehensive adoption planning can begin during pregnancy, including selecting adoptive parents, drafting a hospital plan, and accessing legal or emotional support services, ensuring informed and prepared decision-making by the time consent is legally allowed.

Relevant Laws: RCW 26.33.090

Can I get my baby back after adoption?

Once a Washington court approves a signed adoption consent, it becomes legally final and cannot be revoked unless fraud or duress is proven by clear and convincing evidence. The absence of a statutory revocation period after judicial approval highlights the critical need for birth parents to seek legal guidance and emotional support prior to consenting.

Relevant Laws: RCW 26.33.160(4)

Can you do adoption without the father's consent?

In Washington, an unmarried biological father must file a Notice of Intent to Claim Paternity with the state’s Putative Father Registry to preserve his legal right to participate in adoption decisions. This filing must occur within the statutory deadline or prior to the adoption filing; otherwise, the court may legally proceed with the adoption without his consent.

If he fails to register or does not take legal steps to establish paternity, the court may proceed with the adoption without his consent, especially if doing so is deemed to be in the child’s best interest.

Relevant Laws: RCW 26.33.090

Do both birth parents have to sign adoption papers?

Washington law generally requires written consent from both legal parents before an adoption can proceed. This legal safeguard ensures that all individuals with recognized parental rights are formally included in the adoption decision, reinforcing due process and preventing unauthorized terminations of parental authority.

If one legal parent is deceased, cannot be located despite diligent efforts, has abandoned the child, or has had their parental rights terminated by court order, Washington courts may waive the consent requirement. These statutory exceptions allow the adoption to proceed without undue delay when one parent is legally absent from the child's life or no longer holds parental rights.

Relevant Laws: RCW 26.33.080

Can I get paid for adoption?

Washington law strictly prohibits any direct payment or compensation to a birth parent for placing a child for adoption. However, adoptive families are legally allowed to cover a birth mother's reasonable living expenses, which may include rent, utilities, medical care, legal fees, counseling, and transportation.

All covered expenses must be itemized, supported with appropriate documentation, and submitted to the court for review and approval. This process ensures that financial support remains lawful, transparent, and free from any undue pressure on the birth parent.

Relevant Laws: RCW 26.33.080

Can you choose who adopts your baby?

Washington law grants birth parents the legal right to select the adoptive family for their child, whether through a licensed adoption agency or via an independent placement. This right ensures birth parents retain meaningful control in the adoption process, including evaluating family profiles, participating in interviews or meetings, and making placement decisions based on their values and the future they envision for their child.

This statute ensures that birth parents retain meaningful involvement in the matching process, allowing them to evaluate profiles, meet prospective adoptive families, and make decisions that align with their values and vision for their child's future.

Relevant Laws: RCW 26.33.190

Can people from another state adopt my baby?

Yes. When a child is placed for adoption across state lines, the Interstate Compact on the Placement of Children (ICPC) governs the process to ensure it is legally valid and protective of the child's best interests. This federal agreement requires both the sending and receiving states to review the placement for compliance with legal, medical, and safety standards before any transfer can occur.

Under RCW 26.34, Washington must complete its own ICPC review to confirm that the adoptive family's home state meets all requirements and that the placement serves the child’s well-being. This dual-approval system ensures legal continuity and safeguards against unauthorized or unsafe interstate transfers.

Relevant Laws: RCW 26.34

Can I give my baby up for adoption without any agency?

Yes. Washington permits independent adoptions, enabling adoptive families to pursue placement without using a licensed agency. However, all independent adoptions must still meet legal benchmarks, including thorough background checks, a certified home study, and court-supervised finalization to ensure the child's safety and the legality of the process.

Washington law requires all independent adoptions to satisfy specific statutory requirements, including a licensed home study by a qualified evaluator, legally valid written consent from all necessary parties, and judicial approval through a final adoption hearing. These safeguards ensure the adoption process meets legal standards, supports ethical integrity, and prioritizes the child’s best interests throughout.

Relevant Laws: RCW 26.33.190

Can my spouse adopt my child?

Yes. Stepparent adoption is permitted in Washington State under specific conditions. This type of adoption can move forward when the child’s other legal parent either voluntarily gives consent or has had their parental rights legally terminated through a court proceeding.

Once this consent or termination is in place, the stepparent must formally petition the court for adoption. This process includes undergoing background checks, submitting necessary legal documentation, and meeting all procedural requirements laid out under Washington law. These steps ensure that the adoption is legally sound and—most importantly—that it serves the best interests of the child.

Relevant Laws: RCW 26.33.220

Can my family adopt my baby?

Yes. Relative adoptions are fully recognized under Washington law and may qualify for streamlined procedures when the adopting individual is closely related to the child. Eligible relatives—including grandparents, adult siblings, aunts, uncles, and other qualifying kin—may be granted exemptions from certain standard adoption requirements.

These can include waivers or reductions in pre-placement evaluations, home studies, and post-placement supervision. While these steps may be simplified, the court still carefully evaluates the adoption to ensure that it complies with legal standards and, above all, serves the best interests of the child. This balance allows for greater ease in keeping children within their extended family while maintaining necessary safeguards for their safety and well-being.

Relevant Laws: RCW 26.33.190

Can you anonymously put a baby up for adoption?

Washington law does not permit fully anonymous adoptions, as the legal process requires court-approved consent and official filings that include identifying information from both birth and adoptive parents. Complete anonymity is not legally possible due to these procedural requirements. However, birth parents do have options when it comes to the level of ongoing contact and privacy. They may choose a closed adoption, which maintains confidentiality by sealing records and limiting identifying details and communication after placement.

This option is often preferred by those seeking privacy or emotional closure. Alternatively, birth parents can opt for an open adoption, which allows for a mutually agreed-upon level of contact—such as exchanging photos, letters, or even visits—through a legally recognized communication plan. While not legally enforceable in every detail, these agreements are typically respected by all parties and can offer a sense of continuity and reassurance.

Relevant Laws: RCW 26.33.345

Can I have contact with my child after the adoption?

Yes, Washington State allows for Post-Adoption Contact Agreements (PACAs), which are legally recognized arrangements that permit ongoing contact between the birth family and the adopted child. These agreements must be included in the adoption petition and approved by the court during finalization to be legally enforceable.

PACAs can outline various forms of contact—such as letters, phone calls, or in-person visits—but they are only approved if the court finds that the agreement is in the best interests of the child. While enforceable, these agreements do not affect the finality of the adoption; adoptive parents retain full parental rights regardless of contact terms.

Relevant Laws: RCW 26.33.295

How does tribal adoption work for Native American children?

Yes, the Indian Child Welfare Act (ICWA) applies to all adoption proceedings involving a child who is a member of, or eligible for membership in, a federally recognized tribe. Washington follows these federal protections, which require:

• Formal notice to the child’s tribe of any adoption or termination of parental rights proceedings
• Placement preference for the child with extended family, members of the child’s tribe, or other Indian families
• Tribal involvement in custody decisions to help preserve the child’s cultural identity and tribal connections

Compliance with ICWA is mandatory and takes precedence over state adoption laws when applicable.

Relevant Laws: 25 U.S.C. § 1901 et seq

Can I drop my baby off at a fire station?

Yes, Washington’s Safe Haven Law permits a parent to legally and anonymously surrender a newborn up to 72 hours old at designated locations, including hospital emergency rooms and staffed fire stations, without fear of prosecution.

 

This law is designed to protect both the infant and the parent. Once surrendered, the child is given immediate medical care and enters the custody of child protective services, where efforts are made to ensure a safe and permanent home. The surrender is confidential, and no identifying information is required.

Relevant Laws: RCW 26.33.345

What rights do biological parents have after adoption?

Once an adoption is finalized in Washington, birth parents lose all legal rights and responsibilities related to the child. This includes the termination of custody, visitation rights, and decision-making authority.

If a Post-Adoption Contact Agreement (PACA) is in place, it may allow for continued communication—such as updates or visits—but it does not restore any legal status or parental authority to the birth parent. Legal parentage is permanently and exclusively transferred to the adoptive parents.

Relevant Laws: RCW 26.33.270, RCW 26.33.295

For Adoptive Families: Starting Your Family with Confidence

Adoption in Washington offers a secure path to growing your family. Whether you're pursuing infant, stepparent, or relative adoption, this section outlines the legal steps and support available to help you move forward with clarity and confidence.

Do you have to be married to adopt in Washington?

No, Washington law does not limit adoption eligibility based on marital status, gender identity, or sexual orientation. Any legally competent adult—including single individuals, married couples, and LGBTQ+ persons—may petition to adopt a child.

Eligibility is determined by the applicant’s ability to meet legal requirements such as background checks, home studies, and a demonstrated capacity to provide a safe, stable, and supportive environment. The guiding standard in all cases is the best interests of the child.

Relevant Laws: RCW 26.33.140

How old do you have to be to adopt a baby?

Washington requires adoption petitioners to be a legally competent adult. This means the individual must be at least 18, have the legal capacity to enter into binding agreements and demonstrate the ability to meet the state’s standards for adoption, including background checks, home study approval, and ensuring the best interests of the child are met.

Relevant Laws: RCW 26.33.140

Do you need a home study for a private adoption?

Yes, all prospective adoptive families in Washington must complete a home study before an adoption can be finalized. This assessment is conducted by a licensed child-placing agency or qualified social worker and includes background checks, interviews, and a review of the home environment. The purpose is to evaluate the family's readiness and ensure the placement supports the child’s safety, stability, and best interests.

 Relevant Laws: RCW 26.33.190

Do you need a home study for an independent adoption?

Yes, independent adoptions in Washington still require a home study, even when no licensed agency is facilitating the placement. This evaluation must be conducted by a qualified social worker or licensed child-placing agency and includes background checks, interviews, and a home inspection. The requirement ensures that all adoptive placements—whether agency-led or private—meet consistent legal standards and protect the best interests of the child.

Relevant Laws: RCW 26.33.190

Can you adopt without an agency?

Yes, independent adoption is permitted in Washington, but it must comply with all applicable legal requirements to be valid. This includes retaining qualified legal representation to handle consents, filings, and court procedures, and completing a home study conducted by a licensed child-placing agency or social worker, as required by RCW 26.33.190. These safeguards ensure the adoption process protects the rights of all parties and serves the best interests of the child.

Relevant Laws: RCW 26.33.190

What are the steps to adopt?

The adoption process in Washington is governed by RCW Title 26.33 and follows a series of legally defined steps designed to protect the rights of all parties and ensure the best interests of the child. Below is a concise, information-rich breakdown of each phase:

Step 1: Decide to Adopt
Before beginning the legal process, prospective adoptive parents must determine their readiness to adopt—emotionally, financially, and practically. This decision includes considering the type of adoption (e.g., agency, independent, stepparent, or kinship) and preparing for long-term parenting responsibilities. Learn more here.

Step 2: Choose an Adoption Professional (or Proceed Independently)
Washington allows adoption through a licensed child-placing agency or an independent route, with the help of a qualified attorney. Regardless of the path, legal guidance is essential to ensure compliance with consent procedures, documentation requirements, and court filings under RCW 26.33.140 – .160.

Step 3: Complete a Home Study
A home study is mandatory for all adoptions under RCW 26.33.190, even in independent placements. Conducted by a licensed agency or social worker, this evaluation includes background checks, home visits, and interviews to assess the prospective parent’s ability to provide a safe, stable, and nurturing environment.

Step 4: Match with a Birth Parent or Identify a Child
In private adoptions, adoptive families may be matched with an expectant birth parent. In foster or kinship placements, the child is often already identified. If an open adoption is desired, a Post-Adoption Contact Agreement (PACA) may be created and must be reviewed and approved by the court per RCW 26.33.295.

Step 5: Finalize the Adoption in Court
Finalization occurs in superior court, where a judge reviews the home study, consent documents, and legal filings to confirm compliance with RCW 26.33.240 – .260. Once approved, the court terminates any remaining legal ties of the birth parents and grants full parental rights to the adoptive family.

Each step plays a critical role in safeguarding the legal integrity of the adoption and supporting a successful, permanent placement.

Can you adopt a child from another state?

Yes, the Interstate Compact on the Placement of Children (ICPC) applies to all adoption placements involving the transfer of a child between states. Both the sending and receiving states approve the placement before the child can legally relocate.

This dual-approval process ensures that the adoption meets the legal, safety, and welfare standards of both jurisdictions. The ICPC protects against unlawful transfers and guarantees that adoptive placements are properly evaluated and monitored across state lines.

 Relevant Laws: RCW 26.34

Can we advertise for a birth mother?

No. Only licensed adoption agencies and attorneys are legally authorized to advertise for adoption placements in Washington. This includes any public outreach—such as print, digital, or social media—seeking birth parents or prospective adoptive families.

The law is designed to protect all parties by ensuring that adoption-related advertising is conducted ethically and under professional oversight. Unauthorized individuals or entities that engage in such advertising may be subject to civil or criminal penalties.

Relevant Laws: RCW 26.33.130

Can a birth father stop an adoption?

Yes, in Washington, an unmarried biological father may retain the right to object to an adoption only if he has preserved his legal rights by filing a Notice of Intent to Claim Paternity with the Washington State Putative Father Registry. He must also initiate legal action—such as pursuing custody or establishing paternity—within the statutory timeframe.

If he does not file this notice or take timely legal steps, the court may legally proceed with the adoption without his consent, and his parental rights may be terminated. This process ensures that only fathers who demonstrate a timely and active interest in parenting are granted legal standing in adoption proceedings.

 Relevant Laws: RCW 26.33.160

What if the birth parents don’t sign adoption papers?

Yes, Washington courts may pursue involuntary termination of parental rights when there is clear and convincing evidence that termination is justified by law. Grounds may include abandonment, abuse or neglect, chronic unfitness, or failure to remedy parental deficiencies despite reasonable services. The court must also find that termination is in the best interests of the child.

Relevant Laws: RCW 26.33.120

When is an adoption finalized in Washington?

In Washington, adoptions are typically finalized after a mandatory post-placement supervision period lasting about six months. During this time, a licensed social worker visits the adoptive home to monitor the child’s well-being and the family’s adjustment to the new placement.

Once this period concludes, the adoptive parents must attend a finalization hearing in court. There, a judge reviews the post-placement report and overall case record before issuing a final adoption decree. This decree legally finalizes the adoption, making the parent-child relationship permanent under Washington law.

Relevant Laws: RCW 26.33.240

Can birth mothers change their mind?

Yes, a birth mother in Washington can change her mind about placing her child for adoption, but only before her consent is formally approved by the court. Once the court accepts the consent, it becomes final and legally binding. At that point, the birth mother cannot withdraw her consent unless she can prove extraordinary circumstances—such as fraud, coercion, or incapacity at the time of signing—which are very difficult to establish and rarely result in reversal.

Relevant Laws: RCW 26.33.160

Are adoptive parents on the birth certificate?

Yes, adoptive parents are listed on a new birth certificate that is issued once an adoption is finalized in Washington. This amended certificate replaces the original and names the adoptive parents as the child’s legal parents, effectively establishing them as such in all legal and official records. It may also include a court-approved name change for the child, reflecting the new legal identity created through the adoption process.

Relevant Laws: RCW 26.33.260

What rights do adoptive parents have after adoption?

In Washington, adoptive parents are granted full legal and parental rights once the adoption is finalized, with no distinction from biological parenthood. This includes the authority to make decisions about the child's medical care, education, and general welfare, as well as the legal responsibility to provide support and protection. The adopted child also gains full inheritance rights and is legally recognized as the child of the adoptive parents in all matters under state law.

Relevant Laws: RCW 26.33.260

Are open adoptions legally binding in Washington?

Yes, post-adoption contact agreements (PACAs) are permitted in Washington if they are submitted in writing and approved by the court during the adoption process. Once approved, these agreements are legally enforceable and typically outline ongoing contact between the child and birth relatives. However, a PACA may be modified or terminated by the court if it is found to no longer serve the child’s best interests.

Relevant Laws: RCW 26.33.295

Does ICWA apply to private adoptions?

Yes, the Indian Child Welfare Act (ICWA) applies to private adoptions if the child qualifies as an “Indian child” under federal law. ICWA protections apply regardless of whether the adoption is through a private agency, attorney, or public system, and require compliance with specific procedures—such as tribal notice, involvement, and placement preferences—to protect the rights of the child, family, and tribe.

Relevant Laws: 25 U.S.C. §1901 et seq

What support is available after adoption?

Post-adoption resources in Washington are designed to support adoptive families and help ensure the long-term well-being of adopted children. These resources include a range of services and benefits that may be accessed both immediately after adoption and throughout the child’s development.

Adoptive families often have access to individual, family, and trauma-informed counseling through state agencies or contracted providers. These services can help children process their adoption experience and support parents in addressing behavioral, emotional, or attachment challenges that may arise.

Adoptive parents are entitled to receive non-identifying background information about the child’s medical, familial, and social history. This includes prenatal exposures, birth family health history, and previous placements—critical details that can inform medical care and developmental planning.

More about Post-Adoption Resources

For Adoptees

Adoptees in Washington have the legal right to request access to non-identifying information from their adoption records, which may include the birth parents' medical histories, ethnic backgrounds, reasons for adoption, and general family characteristics.

Access to identifying information, such as names and contact details, typically requires the mutual consent of both the adoptee and the birth parent(s), often facilitated through the Washington Adoption Registry. Counseling and search assistance services are also available to help adoptees understand their rights, manage emotional considerations, and pursue reunification if desired.

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What’s Next?

Understanding Washington’s adoption laws equips you to move forward with clarity and legal confidence—whether you're considering placing a child for adoption, growing your family, or exploring your adoption history. Legal clarity is the foundation of a stable and ethical adoption experience.

Speak with Experts now at 1-800-ADOPTION or Speak with Experts Now to take the next step in your Washington adoption journey.

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