How Do I Adopt Adult Stepchildren in Washington?
Full Question:
Answer:
In Washington, adoption proceedings are initiated by filing an adoption petition in the superior court of the county in which the petitioner is a resident or of the county in which
the adoptee is domiciled. If you are married, the spouse must join in the petition. If the child is over 14, their consent must be obtained and included along with the petition.
Please see the following WA statutes:
RCW 26.33.030 (1) A petition under this chapter may be filed in the
superior court of....
(1) A petition under this chapter may be filed in the superior court of
the county in which the petitioner is a resident or of the county in which
the adoptee is domiciled.
(2) A petition under this chapter may be consolidated with any other
petition under this chapter. A hearing under this chapter may be
consolidated with any other hearing under this chapter.
RCW 26.33.040 (1)(a) Every petition filed in proceedings under this chapter
shall....
(1)(a) Every petition filed in proceedings under this chapter shall
contain a statement alleging whether the child is or may be an Indian child
as defined in 25 U.S.C. Sec. 1903. If the child is an Indian child as
defined under the Indian child welfare act, the provisions of the act shall
apply.
(b) Every order or decree entered in any proceeding under this chapter
shall contain a finding that the Indian child welfare act does or does
not apply. Where there is a finding that the Indian child welfare act
does apply, the decree or order must also contain a finding that all
notice requirements and evidentiary requirements under the Indian child
welfare act have been satisfied.
(c) In proceedings under this chapter, the adoption facilitator shall
file a sworn statement documenting efforts to determine whether an Indian
child as defined under the Indian child welfare act, 25 U.S.C. Sec. 1903,
is involved.
(d) Whenever the court or the petitioning party knows or has reason to
know that an Indian child is involved in any termination, relinquishment,
or placement proceeding under this chapter, the petitioning party shall
promptly provide notice to the child's parent or Indian custodian and to
the agent designated by the child's Indian tribe to receive such notices.
Notice shall be by certified mail with return receipt requested. If the
identity or location of the parent or Indian custodian and the tribe cannot
be determined, notice shall be given to the secretary of the interior in
the manner described in 25 C.F.R. 23.11. If the child may be a member of
more than one tribe, the petitioning party shall send notice to all tribes
the petitioner has reason to know may be affiliated with the child.
(e) The notice shall: (i) Contain a statement notifying the parent or
custodian and the tribe of the pending proceeding; and (ii) notify the
tribe of the tribe's right to intervene and/or request that the case be
transferred to tribal court.
(f) No termination, relinquishment, or placement proceeding shall be held
until at least ten days after receipt of notice by the tribe. If the tribe
requests, the court shall grant the tribe up to twenty additional days to
prepare for such proceeding.
(2) Every petition filed in proceedings under this chapter shall contain
a statement alleging whether the Soldiers and Sailors Civil Relief Act of
1940, 50 U.S.C. Sec. 501 et seq. applies to the proceeding. Every order or
decree entered in any proceeding under this chapter shall contain a finding
that the Soldiers and Sailors Civil Relief Act of 1940 does or does not
apply.
RCW 26.33.150 (1) An adoption proceeding is initiated by filing with the
court a....
(1) An adoption proceeding is initiated by filing with the court a
petition for adoption. The petition shall be filed by the prospective
adoptive parent.
(2) A petition for adoption shall contain the following information:
(a) The name and address of the petitioner;
(b) The name, if any, gender, and place and date of birth, if known, of
the adoptee;
(c) A statement that the child is or is not an Indian child covered by
the Indian Child Welfare Act; and
(d) The name and address of the department or any agency, legal guardian,
or person having custody of the child.
(3) The written consent to adoption of any person, the department, or
agency which has been executed shall be filed with the petition.
(4) The petition shall be signed under penalty of perjury by the
petitioner. If the petitioner is married, the petitioner's spouse shall
join in the petition.
(5) If a preplacement report prepared pursuant to RCW 26.33.190 has not
been previously filed with the court, the preplacement report shall be
filed with the petition for adoption.
RCW 26.33.160 (1) Except as otherwise provided in RCW 26.33.170, consent to
an adoption....
(1) Except as otherwise provided in RCW 26.33.170, consent to an adoption
shall be required of the following if applicable:
(a) The adoptee, if fourteen years of age or older;
(b) The parents and any alleged father of an adoptee under eighteen years
of age;
(c) An agency or the department to whom the adoptee has been relinquished
pursuant to RCW 26.33.080; and
(d) The legal guardian of the adoptee.
(2) Except as otherwise provided in subsection (4)(h) of this section,
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:
(a) Written revocation may be delivered or mailed to the clerk of the
court before approval; or
(b) Written revocation may be delivered or mailed to the clerk of the
court after approval, but only if it is delivered or mailed within
forty-eight hours after a prior notice of revocation that was given within
forty-eight 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.
(3) Except as provided in subsections (2)(b) and (4)(h) of this section
and in this subsection, a consent to adoption may not be revoked after it
has been approved by the court. Within one 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 one year after
it is approved by the court.
(4) Except as provided in (h) of this subsection, the written consent to
adoption shall be signed under penalty of perjury and shall state that:
(a) It is given subject to approval of the court;
(b) It has no force or effect until approved by the court;
(c) The birth parent is or is not of Native American or Alaska native
ancestry;
(d) The consent will not be presented to the court until forty-eight
hours after it is signed or forty-eight hours after the birth of the child,
whichever occurs later;
(e) It is revocable by the consenting party at any time before its
approval by the court. It may be revoked in either of the following ways:
(i) Written revocation may be delivered or mailed to the clerk of the
court before approval of the consent by the court; or
(ii) Written revocation may be delivered or mailed to the clerk of the
court after approval, but only if it is delivered or mailed within
forty-eight hours after a prior notice of revocation that was given within
forty-eight 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;
(f) The address of the clerk of court where the consent will be presented
is included;
(g) Except as provided in (h) of this subsection, after it has been
approved by the court, the consent is not revocable except 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 one year after it is approved by the
court;
(h) 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 ten days after the birth of the child and unless the consent is
recorded before a court of competent jurisdiction pursuant to
25 U.S.C. Sec. 1913(a). 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 two years of the entry of the final
decree of adoption. Revocation of the consent prior to a final decree of
adoption, may be delivered or mailed to the clerk of the court or made
orally to the court which shall certify such revocation. Revocation of
the consent is effective if received by the clerk of the court prior to
the entry of the final decree of adoption or made orally to the court at
any time prior to the entry of the final decree of adoption. Upon
withdrawal of consent, the court shall return the child to the parent
unless the child has been taken into custody pursuant to RCW 13.34.050 or
26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in
foster care pursuant to RCW 13.34.130; and
(i) The following statement has been read before signing the consent:
I understand that my decision to relinquish the child is an extremely
important one, that the legal effect of this relinquishment will be to
take from me all legal rights and obligations with respect to the
child, and that an order permanently terminating all of my parental
rights to the child will be entered. I also understand that there are
social services and counseling services available in the community, and
that there may be financial assistance available through state and
local governmental agencies.
(5) A written consent to adoption which meets all the requirements of
this chapter but which does not name or otherwise identify the adopting
parent is valid if it contains a statement that it is voluntarily executed
without disclosure of the name or other identification of the adopting
parent.
(6) There must be a witness to the consent of the parent or alleged
father. The witness must be at least eighteen years of age and selected by
the parent or alleged father. The consent document shall contain a
statement identifying by name, address, and relationship the witness
selected by the parent or alleged father.
RCW 26.33.220 Unless otherwise ordered by the court, the reports required
by RCW....
Unless otherwise ordered by the court, the reports required by RCW
26.33.190 are not required if the petitioner seeks to adopt the child of
the petitioner's spouse. The reports required by RCW 26.33.190 and
26.33.200 are not required if the adoptee is eighteen years of age or
older.
