Adoption is one of the few areas of family law where everyone in the courtroom is happy. After years of practice built around conflict, these hearings are a genuine pleasure — and the permanence they create is worth the paperwork it takes to get there.
It is also a process with real legal steps that cannot be skipped. Understanding them upfront prevents the delays that make an already emotional process harder.
We handle stepparent, relative, and adult adoptions for families in Spokane County and Eastern Washington.
What types of adoption are there in Washington?
| Type | Who it is for | Key requirement |
|---|---|---|
| Stepparent adoption | A stepparent already raising the child | The other legal parent's consent, or termination of their rights |
| Relative adoption | A grandparent, aunt, uncle or other relative raising the child | Consent or termination; often follows informal care or guardianship |
| Second-parent adoption | A partner or spouse of a legal parent | Provides the strongest protection, recognized in other states |
| Adult adoption | Formalising a lifelong parent-child relationship between adults | A considerably simpler process |
Every route requires that any existing parental rights are either consented away or terminated by the court. There is no adoption path that simply bypasses a legal parent.
Stepparent adoption
The most common. A stepparent who has been raising a child becomes their legal parent. It requires the other legal parent's consent, or termination of that parent's rights on statutory grounds — which is the part that determines whether the case is simple or contested.
Relative adoption
A grandparent, aunt, uncle, or other relative already raising a child makes it permanent. Often follows a period of informal care or guardianship.
Second-parent adoption
For a partner or spouse of a legal parent, most commonly in LGBTQ+ families, providing the strongest possible protection of the parent-child relationship — including recognition in other states.
Adult adoption
Adults can be adopted too, often to formalize a lifelong parent-child relationship or for inheritance purposes. The process is considerably simpler.
What are the steps in a Washington adoption?
- A petition for adoption filed in Superior Court
- Consent or relinquishment from the existing legal parent or parents, or a separate action to terminate parental rights
- A pre-placement report or home study — which may be modified or waived in stepparent and certain relative adoptions
- A criminal background check on the adopting parent
- A post-placement report to the court where required
- A final hearing, after which the court enters a decree of adoption and a new birth certificate is issued
What if the other parent will not consent to the adoption?
Where the other legal parent consents, a stepparent adoption is generally straightforward. Where they do not, their rights must be terminated on statutory grounds — which can include abandonment, failure to perform parental duties, or a finding of unfitness. Simply being absent, or having failed to pay support, is not automatically enough on its own. These contested cases are serious litigation, because terminating a parent's rights is among the most consequential orders a court can enter, and courts do not do it lightly.
Should I pursue adoption or de facto parentage?
Both create legal parent status. Adoption is more permanent and more portable — it is recognized everywhere and cannot be revisited — but it requires ending someone else's parental rights. De facto parentage does not terminate anyone's rights and does not require a home study, but it must be proven element by element and is a newer, less universally recognized status. Where adoption is genuinely available, it is usually the better protection.
What else should I know before starting an adoption?
Consent given by a birth parent has statutory timing and revocation rules that must be followed exactly. Adoptions involving a child who is or may be a member of a federally recognized tribe are subject to the Indian Child Welfare Act and Washington's state counterpart, which impose additional requirements — this matters in Eastern Washington and should be identified at the very start of a case rather than discovered later. Interstate placements add another layer of compliance.
Frequently asked questions
How long does a stepparent adoption take in Washington?
An uncontested stepparent adoption with the other parent's consent often takes a few months. If parental rights must be terminated over an objection, it takes considerably longer because that becomes contested litigation.
Do we need the other biological parent's consent?
Either their consent, or a court order terminating their rights on statutory grounds. There is no adoption path that simply bypasses an existing legal parent.
Does a stepparent adoption require a home study?
The pre-placement report requirement is often modified or waived in stepparent adoptions, though a background check is still required. Agency and independent adoptions have fuller requirements.
Can we adopt an adult?
Yes. Washington permits adult adoption, commonly to formalize a longstanding parent-child relationship or for inheritance purposes, and the process is much simpler than adopting a minor.
Will the child get a new birth certificate?
Yes. After the decree of adoption is entered, an amended birth certificate is issued naming the adoptive parent.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.