Eligibility, Background Checks, and Court Approval

Not everyone is automatically eligible to adopt in Washington State. Adoption is governed by RCW 26.33, which sets out who may adopt, what screening is required, and what courts must find before approving an adoption. These requirements exist because adoption permanently transfers parental rights and responsibilities and is intended to create a stable, legally secure family relationship that cannot later be undone without extraordinary circumstances.

Under Washington law, adoptive parents must meet basic eligibility requirements related to age and legal capacity, must complete required background checks for any adoption involving a minor child, and must demonstrate overall fitness to adopt. Courts are required to review criminal history information, placement and post-placement reports when applicable, and compliance with statutory consent and termination requirements before entering a final adoption decree. Certain types of adoption—such as step-parent adoption, relative adoption, adult adoption, and international adoption recognition—follow different legal paths, but all are subject to the same core statutory framework designed to protect permanence and due process.

Understanding eligibility at the outset is critical. Some eligibility issues can be resolved with proper planning; others may prevent an adoption from moving forward at all. Identifying these requirements early helps families avoid unnecessary delay, expense, and the risk of pursuing an adoption path that is unlikely to succeed under Washington law.

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

Common Myths About Adoption Eligibility

Myth: Anyone who wants to adopt can do so.

Adoption is not automatic. Washington law requires that adoptive parents meet statutory eligibility standards and pass required screenings before an adoption can be approved.

Myth: You must be married to adopt.

Marriage is not required to adopt in Washington. Single individuals and married individuals may adopt, depending on the type of adoption and the circumstances involved.

Myth: A close relationship with the child guarantees approval.

While an existing relationship is important, it does not override legal requirements. Courts must still confirm eligibility, consent, and compliance with statutory procedures.

Myth: Minor criminal history automatically disqualifies an adopter.

Not all criminal history is disqualifying. Courts evaluate the nature, timing, and relevance of any criminal record as part of the overall fitness determination.

Myth: Relatives are automatically approved to adopt.

Relative status can simplify some aspects of adoption, but it does not eliminate eligibility requirements. Courts still review background checks and legal compliance.

Myth: Background checks are optional in some adoptions.

Background checks are required in all adoptions involving minor children. The scope and timing may vary, but they cannot be waived.

Myth: Eligibility issues can be fixed after filing.

Some eligibility problems can be resolved, but others cannot. Identifying issues early is critical to avoiding delays or denial.

Basic Eligibility to Adopt

Who is legally eligible to adopt in Washington State?

Any adult who meets statutory requirements may adopt. The court evaluates eligibility based on age, background checks, and overall fitness to parent. (RCW 26.33.140)

Is there a minimum age to adopt?

Yes. The adoptive parent must be an adult. There is no maximum age, but courts consider the totality of circumstances when evaluating fitness.

Does Washington require adoptive parents to be married?

No. Marriage is not required. However, in step-parent adoptions, the adopting parent must be married to the child’s legal parent.

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

Background Checks and Screening

Are background checks required for adoption?

Yes. Background checks are required in all adoptions involving minor children. This includes criminal history checks and, in some cases, child abuse registry checks. (RCW 26.33.190; RCW 26.33.220)

What types of background checks are performed?

Background checks typically include state and federal criminal history reviews. Additional screening may occur depending on the type of adoption and placement report requirements.

Does a criminal record prevent adoption?

Not necessarily. Courts look at the nature of the offense, how long ago it occurred, and whether it relates to child safety. Certain serious offenses may disqualify an applicant.

Are background checks required for adult adoption?

No. Background checks are not required for adult adoption. Eligibility in adult adoption focuses on consent and legal compliance rather than child welfare screening.

➡ Learn more on our page Adult Adoption in Washington State

Relationship to the Child

Can relatives adopt a child in Washington?

Yes. Relatives may adopt, including grandparents and other family members. While relative adoptions may be more streamlined, eligibility requirements still apply.

Does living with the child create adoption eligibility?

Living with a child does not create automatic eligibility to adopt. Legal adoption requires court approval and compliance with statutory requirements.

Can foster parents adopt?

In some circumstances, foster parents may adopt. These cases often involve additional requirements and coordination with child welfare agencies.

What Courts Consider When Approving an Adoption

What factors do courts consider in determining fitness to adopt?

Courts evaluate background checks, placement reports, consent issues, and overall compliance with the adoption statutes. The focus is on legal stability and child welfare.

Is the child’s best interest considered?

Yes. The child’s best interests are central to the court’s analysis, particularly in contested cases or when parental rights must be terminated.

Can eligibility issues delay or prevent adoption?

Yes. Unresolved eligibility issues can delay proceedings or result in denial. Early legal review helps identify and address problems before filing.

Eligibility and the Adoption Process

Eligibility issues often intersect with other parts of the adoption process, including termination of parental rights, notice requirements, and placement reports. Addressing eligibility early allows the adoption to proceed efficiently and reduces the risk of later challenge.

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

Moving Forward

Determining who can adopt is one of the first—and most important—steps in the adoption process. When eligibility is addressed correctly from the outset, families can move forward with confidence and clarity.

The attorneys at Pacific Northwest Family Law help families evaluate eligibility, identify potential issues, and navigate the adoption process with care and precision. If you are considering adoption, 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.

Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, January 2026