The Adoption Process in Washington State: Steps, Time, and Costs

What Families Should Expect From Termination Through Finalization

Adoption is a formal legal process governed by RCW 26.33 through which parent-child relationships are recognized and protected under Washington State law. In Washington, adoption may occur in a variety of contexts, including step-parent adoptions, private family adoptions, agency placements, and other lawful arrangements. Individuals being adopted—called adoptees—may be minors or adults.

While every adoption is unique, most follow a similar legal structure. Depending on the circumstances, the adoption process may include the following steps:

Filing a petition and completing legal service
Termination of parental rights, either voluntary or involuntary
Filing consents to adopt (from biological parents and children age 14 or older, when required)
Completion of required placement and background reports
An adoption hearing before a judge
Issuance of a new birth certificate through the State

Once an adoption is finalized, the adopted child is treated under the law the same as any other child of the adopting parent, with full legal rights and responsibilities intended to last a lifetime.

Timing and cost are closely related. Most adoptions can be completed within approximately six months, with an average legal fee of just over $5,000, plus the cost of required placement reports and state filing and birth certificate fees. Cases involving contested termination, difficulty locating a parent, multiple children, or ICWA considerations may take longer and cost more.

➡ For general information on adoption, see our page Adoption in Washington State

Below are answers to the most common questions families ask about the adoption process in Washington, organized by stage.

Common Myths About the Adoption Process in Washington

Myth: Adoption is just a single court hearing.

While the adoption hearing is an important milestone, it is only one step in a multi-stage legal process that often begins months earlier.

Myth: If a biological parent hasn’t been involved, adoption is automatic.

Even when a parent has been absent for years, Washington law requires specific legal steps to terminate parental rights before adoption can proceed.

Myth: Background checks are only required in foster or agency adoptions.

Background checks are required in most adoptions, including many step-parent and private family adoptions.

Myth: Once the judge signs the adoption order, everything is finished

Additional paperwork must still be completed before the State issues a new birth certificate reflecting the adoption.

Petition and Service

How do I start an adoption case in Washington State?

An adoption case begins by filing a petition with the court. The petition identifies the parties, the child, and the legal basis for the adoption.

How does adoption work in Washington State?

Most adoptions follow a structured legal process. In many cases, parental rights must first be terminated. After that, the adoption itself proceeds through required reports, background checks, and a court hearing. The process is designed to ensure the adoption is permanent, lawful, and in the child’s best interests.

Do all adoptions require termination of parental rights?

No. Some adoptions proceed with consent from all legal parents, while others require formal termination of a biological parent’s rights. And adult adoptions can proceed without any input from biological parents at all. Step-parent adoptions commonly involve termination when one parent has been absent or uninvolved.

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

Who must be served with adoption papers?

Any person whose parental rights may be affected—including alleged biological parents—must be properly served unless the court authorizes an alternative method of service.

What happens if service is done incorrectly?

If service is done incorrectly, the court may refuse to move the case forward until proper service is completed. In some situations, the court may require the petition to be re-served or refiled, which can significantly delay the adoption. Improper service can also create grounds for a later challenge if parental rights are terminated without proper notice. Because service affects due process, courts expect strict compliance with statutory rules.

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

Termination of Parental Rights

What is termination of parental rights in an adoption case?

Termination of parental rights permanently ends a biological parent’s legal relationship with the child. Once termination is ordered, the parent no longer has rights to custody, visitation, decision-making, or notice of future proceedings. Termination is intended to be final and cannot be reversed simply because circumstances later change. This permanence is why courts apply strict legal standards before granting termination.

When is termination required for step-parent adoption?

Termination is required when the other biological parent will not consent or cannot be legally recognized as a parent going forward.

Can a parent object to termination?

Yes. A biological parent has the right to object to termination and participate in court proceedings. When a parent objects, the court must hold hearings and evaluate evidence to determine whether termination is legally justified and in the child’s best interests. Objections often increase the time, complexity, and cost of the adoption process. Courts take these objections seriously because termination permanently affects parental rights.

What happens if the parent objects to termination?

If a parent objects, the court must determine whether termination is in the child’s best interests. In some cases, the court may give the parent time or conditions to demonstrate the ability to parent before making a final decision. Contested termination cases take longer and increase complexity and cost.

Will the court give a parent another chance?

In some cases, the court may allow a parent an opportunity to demonstrate the ability to parent before making a final termination decision. This may include setting conditions, timelines, or requirements for the parent to meet. Whether the court does so depends on the specific facts of the case and the child’s needs. The court’s primary focus remains the child’s best interests, not the parent’s preferences.

What factors does the court consider when deciding termination?

Courts consider several factors, including the parent’s history of involvement with the child, efforts to maintain a relationship, and ability to meet the child’s needs. Judges also evaluate whether termination will provide stability and permanency for the child. Statutory requirements must be met, and the court must find that termination is in the child’s best interests. Each case is fact-specific and requires careful legal analysis.

What is relinquishment?

Relinquishment is the legal term for voluntarily terminating a parent’s parental rights. Even when termination is voluntary, a court hearing is still required and cannot occur sooner than 48 hours after the relinquishment is signed. Although a court may require the parent to appear personally to confirm the relinquishment on the record, that is uncommon. RCW 26.33.090. A relinquishment may be withdrawn before or at the termination hearing by filing a formal notice of withdrawal with the court or by appearing at the hearing to state the withdrawal on the record.

How long does termination take?

If termination is voluntary, it can take a matter of weeks to resolve. When termination is contested, there will be months involved and sometimes an additional cause of action like a parenting plan action that will take several months to address.

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

Consent to Adoption

Whose consent is required for adoption?

Consent requirements depend on the child’s age, the parents’ legal status as parents, and whether parental rights have already been terminated. Courts closely review consent to ensure it is informed, voluntary, and legally valid.

What if a parent cannot be found to give consent?

If a parent cannot be located, the court may allow adoption to proceed only after a documented diligent search and approved service process. This is a technical area of law, and mistakes can delay or jeopardize the adoption.

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

Can consent be withdrawn after it is signed?

The answer depends on the type of consent involved. Consent to terminate parental rights (relinquishment) must be formally withdrawn before the court enters an order approving the relinquishment, typically by filing a notice of withdrawal or appearing at the termination hearing. Consent to adopt, however, may be withdrawn for any reason at any time before the adoption is finalized.

After an adoption is finalized, it may be challenged only on limited grounds, such as fraud or duress, and generally within two years. Fraud involves intentional deception about the nature of the termination or adoption and is difficult to prove. Duress requires coercion or threats and is more than financial hardship or logistical pressure. RCW 26.33.160

What if a parent refuses to consent?

If consent is not given, adoption may proceed only if the court terminates that parent’s rights.

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

Placement Reports and Background Check

What is a placement report in an adoption case?

placement report provides the court with information about the child’s living situation and the suitability of the adoptive placement. It may include details about the home environment, family dynamics, and the child’s adjustment. Courts rely on placement reports to confirm that adoption is appropriate and consistent with the child’s welfare. These reports are a required part of many adoption cases.

Who prepares the placement report?

Placement reports are prepared by qualified professionals or agencies authorized under Washington law. The person preparing the report must meet statutory requirements and act independently. Courts rely on these reports as neutral assessments rather than advocacy documents. Because of their importance, placement reports must be accurate and thorough.

Are background checks required for adoption in Washington?

Yes. Background checks are a required part of most adoptions. They help the court confirm eligibility and ensure the child’s safety. The timing and scope of background checks depend on the type of adoption and the individuals involved. An FBI background check is a standard part of any placement report.

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

Are placement reports required for step parent adoptions?

Yes, a placement report is still required before adoption can proceed. But a preplacement report is not needed because the law assumes that a parent acts in the best interests of the child and would not marry a person who is harmful to their child.

What shows up on an adoption background check?

Background checks may include criminal history and other records required by statute or court rule.

Can something on a background check stop an adoption?

Not necessarily. Courts distinguish between automatic disqualifiers and issues that require further review.

Can a criminal record prevent adoption?

Not necessarily. Some criminal convictions may disqualify a person from adopting, while others require additional review by the court. Judges consider the nature of the offense, how long ago it occurred, and whether it poses a risk to the child. A criminal record does not automatically mean adoption is impossible, but it can affect timing and court review.

When are placement reports submitted?

The preplacement report is conducted before a child is placed in a new home. These are typical for foster care and private adoptions. If placement has been done by the state, they will have already done the necessary reporting before the termination and adoption process has taken place.

Post-placement reports are required before the adoption hearing and assess the court in how the child is bonding with their family.

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

The Adoption Hearing

What happens at an adoption hearing?

At the adoption hearing, the adopting parent is sworn under oath and answers a series of questions—called a colloquy—to confirm the information in the adoption petition and proposed final order. The judge reviews the record and, if everything is in order, signs the adoption decree.

Adoption hearings are often brief, personal, and affirming. Judges frequently congratulate families, and many families choose to take photos to mark the occasion.

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

Will the judge ask personal questions?

If you have an attorney, your attorney will ask the questions, though the judge is allowed to ask anything he or she likes. Judges generally focus on legal and procedural matters rather than private family issues. In fact, the judge probably already knows the answers ahead of time because the information they are looking for is in the Petition already and required for the final order.

Questions are intended to confirm eligibility, consent, and compliance with adoption laws. The court does not conduct invasive questioning about family life. Adoption hearings are typically respectful and affirming in tone.

Does the child have to attend the adoption hearing?

In many cases, children attend the adoption hearing, especially younger children. Requirements vary based on the child’s age and the preferences of the court. Some judges encourage attendance, while others allow flexibility. Your attorney can advise what is expected in your specific court.

Are adoption hearings public?

No. Adoption hearings are closed to protect the privacy of the child and family.

How long does an adoption hearing take?

Most hearings are brief, but preparation beforehand is critical.

Can family members attend the hearing?

Courts typically allow close family members, but attendance rules vary by county.

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

Receiving the New Birth Certificate

Is the adoption complete after the hearing?

Not entirely. After the judge signs the adoption order, additional forms must be filed with the Washington State Department of Health. Only after those forms are processed will a new birth certificate be issued.

Why is the new birth certificate important?

The updated birth certificate reflects the legal recognition of the parent-child relationship. For many families, receiving the new birth certificate is the final confirmation that the adoption process is complete.

When will we receive the new birth certificate?

Processing times vary depending on the State’s workload and the accuracy of submitted paperwork. Delays often occur when forms are incomplete or require correction. While families may receive the birth certificate within weeks, some cases take longer. The birth certificate is typically the final administrative step in the adoption process.

Why does the birth certificate take time?

The State must review and update official records before issuing the new certificate.

What does the new birth certificate show?

The updated certificate reflects the adoptive parent as the legal parent.

Are adoption records public?

No. Adoption records are sealed, and access is limited by law.

Time and Cost of Adoption in Washington State

How long does the adoption process take?

The timeline varies. Uncontested step-parent adoptions may move relatively efficiently, while contested cases or cases involving missing parents or ICWA considerations can take significantly longer.
When all involved parties agree, the adoption process can be completed in 1 to 6 months, depending on schedules of everyone involved, including the court. But if there are complications like finding a missing parent, objections, or ICWA processes to follow, the adoption can take a year or more.

How much does adoption typically cost?

Based on our firm’s records, adoption cases average $5,226.11, with a typical range from $2,633.90 to $17,622.

Costs vary based on several factors, including:

Whether termination of parental rights is required
How difficult it is to locate and serve a parent
Whether the adoption is contested
The number of children involved
Whether ICWA or tribal considerations apply

Early legal guidance helps families understand which factors are likely to affect their case and plan accordingly.

Moving Forward With Confidence

Adoption is not simply a legal procedure. It is a commitment to permanence, responsibility, and family. While the law requires careful attention to detail, its purpose is to protect something deeply meaningful: a child’s sense of belonging and security.

At Pacific Northwest Family Law, we help families navigate the adoption process with clarity, efficiency, and respect for the relationships already in place. If you are considering adoption or want to understand what the process may look like in your situation, we invite you to take the next step.

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