Adoption and Legal Termination of Rights Law in Washington

Adoption and Legal Termination of Rights Law in Washington thumbnail
The parental rights of birth parents must be terminated before a child can get new adoptive parents.

Adoption in Washington is a process involving the parties wishing to adopt, the child, and the child's biological parents. Whether adoption is agreed to by all parties or not, a necessary part of adoption is the termination of the rights of the natural parents. Adoptions are allowed for same sex couples, single persons and biracial couples.

  1. Governing Law

    • Adoptions in Washington are governed by Revised Code of Washington 26.33 and Washington Administrative Code 388-27. The laws govern adoptions of stepchildren by stepparents, adoptions through state agencies and private agencies, and adoptions using an adoption agent. Regardless of which adoption is being used, the standard is the same. Namely, a determination must be made that the adoption is in the best interest of the child or children being adopted.

    Voluntary Termination of Parental Rights

    • In addition to the determination of what is in the best interest of the child or children being adopted, all adoptions involve the termination of the rights of the birth parents. Termination of parental rights may be voluntary or involuntary. Voluntary is where the birth parents execute a Voluntary Relinquishment of Parental Rights and the document is approved by the required court within the time mandated by state law. A Voluntary Relinquishment of Parental Rights may be revoked or withdrawn up until the time it is approved or accepted by a court.

    Involuntary Termination of Parental Rights

    • The termination of the parental rights of birth parents is a necessary step in the adoption process. Where the termination cannot be accomplished voluntarily, a court hearing may become necessary which can greatly increase the costs and delays associated with adoptions. There are a number of reasons for the involuntary termination of parental rights. Abuse and neglect are among the two most prominent reasons, as well as sexual abuse of a child and abandonment, and failure to provide shelter and support to the child.

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