Focused Guidance for Step-Parent and Family-Forming Adoptions

Adoption, unlike most areas of family law, is one of the most joyful. It is one of the rare moments where the law is used to formally recognize and protect a parent-child relationship that already exists in practice and in love. Adoption is the choice to stand before the court and ask the law to acknowledge a family as it truly is—to recognize a bond that has been built through care, responsibility, and commitment. For that reason, adoption hearings often feel different. They are among the few times a judge may smile, congratulate the family, and pause so that a photo can be taken to mark the moment.

Because adoption permanently reshapes legal rights and responsibilities, Washington State law sets out specific statutory requirements that must be followed with care. These statutes do not define the family itself; they exist to ensure that the legal recognition of that family is stable, enforceable, and respected for a lifetime. Issues such as consent, termination of parental rights, eligibility, and procedure must be handled precisely so that the adoption cannot be questioned or undone later.

The attorneys at Pacific Northwest Family Law help families navigate this process with clarity and confidence. Pacific Northwest Family Law attorneys most frequently advise families in step-parent adoption cases and have experience across a range of other adoption matters. Our understanding of how Washington adoption law works allows us to make the process easier, faster, and more efficient, while honoring the reality that the relationship already exists. We focus on using the law for what it does best: supporting families, protecting children, and giving legal recognition to bonds that deserve to be honored forever.

The Adoption Process

Because adoption permanently transfers parental rights and responsibilities, Washington law requires a structured legal process designed to ensure stability and finality. That process may involve terminating existing parental rights, obtaining valid consent or proving that consent is not required, completing background checks and placement reports, appearing for court hearings, and updating legal records such as birth certificates. At the same time, the time and cost involved in adoption can vary significantly depending on the type of adoption, whether termination is contested, how difficult service or notice issues may be, and whether additional legal safeguards—such as ICWA considerations—apply. Understanding how these steps fit together, and how timing and cost are affected at each stage, helps families plan effectively and avoid unnecessary delay or expense.

➡ Learn more on our page The Adoption Process in Washington State: Steps, Time, and Costs

Who Can Adopt in Washington State

Not everyone is automatically eligible to adopt. Washington law imposes specific requirements related to age, background checks, relationship to the child, and overall fitness to adopt.

This includes questions such as:

Who is legally eligible to adopt
Whether marriage is required
How background checks work
Whether criminal history disqualifies a person
When relatives may adopt
What courts consider when approving an adoption

Understanding eligibility early prevents delays and avoids pursuing an adoption path that is unlikely to succeed.

➡ Learn more on our page Who Can Adopt in Washington State

Termination of Parental Rights for Adoption

Most adoptions cannot proceed unless the rights of a biological parent are legally terminated. This may happen voluntarily through consent, or involuntarily when a parent has abandoned the child, failed to maintain contact, or cannot safely parent.

Termination of parental rights is one of the most serious proceedings in family law. Courts require strict proof, proper notice, and compliance with statutory standards. Mistakes at this stage can delay—or permanently undermine—an adoption.

➡ Learn more on our page Termination of Parental Rights for Adoption

When a Biological Parent Cannot Be Located or Has Been Uninvolved

Many step-parent adoption cases involve a biological parent who cannot be located or who has not had meaningful involvement in the child’s life for years. Washington law allows adoptions to proceed in these circumstances, but only after specific legal steps are taken to locate the parent for service of process or to establish that termination of parental rights may occur without their participation.

Courts require a documented diligent search, proper notice, and strict adherence to statutory procedure before allowing parental rights to be terminated and an adoption to move forward. These cases are highly technical, and mistakes can delay or jeopardize the adoption.

➡ Learn more on our page Finding and Serving a Missing Biological Parent for Adoption

Indian Child Welfare Act (ICWA) and Tribal Adoption Considerations

When a child is a member of a federally recognized tribe or may be eligible for tribal membership, federal and tribal law impose additional requirements on adoption. The Indian Child Welfare Act (ICWA) governs notice obligations, evidentiary standards, parental rights termination, and placement preferences in these cases.

ICWA applies even when tribal membership has not yet been confirmed. Because ICWA errors can invalidate an adoption years later, careful screening and compliance at the outset are essential. Failure to identify and properly address ICWA issues early can invalidate an adoption years after finalization. Careful screening, notice, and compliance are essential to protecting the permanence of the adoption.

➡ Learn more on our page Indian Child Welfare Act (ICWA) and Tribal Adoption Considerations

Open Adoption Agreements

Adoption permanently changes legal parental rights and responsibilities, but in some cases families choose to preserve limited, structured contact after adoption. Washington law allows certain post-adoption contact agreements—often called open adoption agreements—when all parties agree and statutory requirements are met. These agreements do not restore parental rights, but they can provide clarity and boundaries around communication or contact after adoption. Understanding when open adoption agreements are permitted, how they are enforced, and what they can—and cannot—do is an important part of planning a legally secure adoption.

➡ Learn more on our page Open Adoption Agreements in Washington State

What to Expect in an Adoption Hearing

The adoption hearing is the moment when the court formally recognizes the parent-child relationship under the law. Judges review the record, confirm statutory compliance, and issue the final adoption decree. Adoption hearings are often brief, personal, and affirming—but preparation matters. And while it is the most important part of finalization, it is not the last one. After the hearing there is still paperwork and state forms to file before you can get a new birth certificate.

➡ Learn more on our page What to Expect in an Adoption Hearing

Step-Parent Adoption

Step-parent adoption is the most common form of adoption in Washington State and the core focus of our adoption practice. It allows a parent’s spouse to become a full legal parent, with equal rights and responsibilities.

These cases often involve sensitive issues, including the termination of the other biological parent’s rights, consent disputes, or long periods of parental absence. While step-parent adoption can be more streamlined than other adoption types, it still requires precision and proper legal handling.

➡ Learn more on our page Step-Parent Adoption in Washington State

Adult Adoption

Washington law allows adults to be adopted in certain circumstances. Adult adoption is often used to formalize long-standing parent-child relationships, address inheritance and legal status issues, or reflect the reality of a family that has existed for years without legal recognition.

While procedurally different from child adoption, adult adoption still requires court approval and compliance with statutory requirements.

➡ Learn more on our page Adult Adoption in Washington State

International Adoption

International adoption presents unique legal challenges because it often involves foreign law, federal immigration rules, and Washington adoption statutes operating at the same time. In many cases, families are not arranging an adoption overseas but are seeking to finalize or legally recognize an adoption that has already occurred abroad. Adoption does not bypass U.S. immigration law, and a child must still enter and remain in the United States under a lawful immigration status before state courts can provide full legal recognition. When properly completed, international adoption establishes permanent legal parentage in Washington, with long-term consequences for inheritance and family status.

➡ Learn more on our page International Adoption and Foreign Adoption Finalization in Washington State

Adoption Is a Commitment Worth Doing Right

Adoption is not just a legal milestone. It is a public affirmation of a private reality—that a child is loved, cared for, and already part of a family. The law does not invent that bond, but when the process is handled correctly, it can recognize and protect it in a way that lasts for generations.

Because adoption is permanent, the details matter. Eligibility, consent, service, termination of parental rights, and final paperwork must be handled carefully so that the adoption is secure and unquestionable. When done right, the legal process fades into the background, allowing families to focus on what truly matters: the stability, dignity, and future of the child.

Because adoption permanently establishes legal family relationships, it can also affect inheritance and estate planning decisions.

➡ Learn more on our page Estate Planning in Washington State

The attorneys at Pacific Northwest Family Law are honored to help families take this step. We approach adoption with seriousness, efficiency, and respect for the relationships already in place. If you are considering adoption—or if you have questions about whether adoption is possible in your situation—we invite you to take the next step.

Complete our contact form to begin the new client intake process and speak with our team about your adoption goals. We will help you understand your options, the process ahead, and how to move forward with clarity and confidence.

Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, December 2025