In Washington how can non-biological father adopt child when both biological parents will consent?
Full Question:
Answer:
Before a child may be adopted, the biological parents must either relinquish rights to the child or have parental rights terminated by the court. Adoption is a complex process, but it follows a fairly predictable sequence of events. Generally, a petition for adoption is filed and then a hearing is held.
Adoption in Washington State occurs through one of the following:
Public Agency Adoption - Department of Social and Health Service, Division of Children and Family Services (DCFS);
Private Agency Adoption - Agencies licensed in Washington State to provide adoption services;
Independent Adoption - Adoptions completed by an independent agent.
Adoptions completed in Washington State without the use of services provided by public or private adoption agencies are generally referred to as independent adoptions.
Children available for independent adoptions may include:
healthy infants;
stepchildren;
relative adoptions; and/or
other non agency placements.
Services are provided through court employees and/or court approved individuals and may include: birth and adoptive family preparation; and family assessment (preplacement report/home study) completed by a court approved agent.
Other services arranged through the family's attorney/doctor etc. may include adoptive family or child matching services, placement services, legal, counseling, and social services for both birth and adoptive parents, and medical care.
Birth parents and adoptive parents often find each other through medical, legal, and religious professionals, friends, relatives, and extended family, and advertisements (Washington state law requires a family to have a favorable home study before they can advertise their availability as an adoptive family).
Washington State laws provide special protection and limits to the fees that can be charged.
Fees can only include hospital and medical expenses; attorney's fees and court costs involved in the transfer of custody of the child; and special expenses of the birth mother beyond the medical and legal needs must be approved through a court order and home studies and agency fees.
Laws covering all adoptions:
Washington State Law provides certain protection for all parties in the adoption process. Laws pertaining to adoption are covered by Revised Code of Washington (RCW 26.33) and Washington Administrative Code (WAC 388-70-410 through 595).
Laws protecting the child require:
Preplacement Report. The adopting family must have an approved preplacement report filed with the county Superior Court prior to placement of a child in their home or placing an "advertisement" for a child.
Post-Placement Report. Must be completed within 60 days of the filing of the adoption petition and before the adoption is finalized.
Interstate Compact on Placement of Children (ICPC). Prior to placement of a child across state lines, a formal agreement must be completed through the Interstate Compact Program Managers in each state.
State Law (RCW 9A.64.030 Washington Criminal Law) states, "it is unlawful for any person to sell or purchase a minor child."
A Child Fourteen Years or Older must consent to the adoption (RCS 26.33.160)
Laws providing protection to the birth parents:
Termination of parental rights, both voluntary and involuntary require court review.
Birth parents must be provided counseling regarding available resources, services and their decision to relinquish.
There must be a witness to the relinquishment chosen by the parent.
Special legal protection exists for the birth parent who is a minor, in the military, a Native American, or Alaskan Native.
Laws providing protection for the adoptive parents:
Information on adoption and adoption related process is to be provided to adoptive parents by the adoption facilitator.
Only court approved and qualified persons may provide homestudies.
Disclosure of all available non identifying medical and social information concerning the child and pertinent information related to the child's natural parents shall be provided to the adoptive parent.
Court review of fees charged by the agency/agent may be requested.
