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Adoption in the State of Washington
In the past 25 years, adoption practice has changed significantly. Historically adoptions have predominantly served families seeking infant placements. Today any child is considered adoptable, whether he or she is an infant, older child, child with special needs, or part of a sibling group.
Adoptions are comprised of a three way relationship often called the adoption triad. Each member of the triad, birth parent, adopted child, and adoptive parents share a relationship, but with a perspective unique to his or her own life experience. Though adoption is a shared journey, no one will experience it in the exactly the same way.
The decision to adopt is an important one. To begin to understand adoption and what it may mean for you, the following basic information is provided as an overview on adoption in Washington state with some basic information on how to get started. Adoption does not end at the issuing of an adoption decree, but is a lifelong journey. As such it is important to individually explore the lifelong impact for you.
Adoption in Washington State occurs through one of the following:
- Public Agency Adoption- Department of Social and Health Service, Division of Children and Family Services (DCFS);
- Private Agency Adoption- Agencies licensed in Washington State to provide adoption services;
- Independent Adoption - Adoptions completed by an independent attorney.
Laws covering all adoptions:
Washington State Law provides certain protection for all parties in the adoption process. Laws pertaining to adoption are covered by Revised Code of Washington (RCW 26.33) and Washington Administrative Code (WAC 388-70-410 through 595).
Laws protecting the child require:
- Preplacement Report. The adopting family must have an approved preplacement report filed with the county Superior Court prior to placement of a child in their home or placing an "advertisement" for a child.
- Post-Placement Report. Must be completed within 60 days of the filing of the adoption petition and before the adoption is finalized.
- Interstate Compact on Placement of Children (ICPC). Prior to placement of a child across state lines, a formal agreement must be completed through the Interstate Compact Program Managers in each state.
- State Law (RCW 9A.64.030 Washington Criminal Law) states, "it is unlawful for any person to sell or purchase a minor child."
- A Child Fourteen Years or Older must consent to the adoption (RCS 26.33.160)
Laws providing protection to the birth parents:
- Termination of parental rights, both voluntary and involuntary require court review.
- Birth parents must be provided counseling regarding available resources, services and their decision to relinquish.
- There must be a witness to the relinquishment chosen by the parent.
- Special legal protection exists for the birth parent who is a minor, in the military, a Native American, or Alaskan Native.
Laws providing protection for the adoptive parents:
- Information on adoption and adoption related process is to be provided to adoptive parents by the adoption facilitator.
- Only court approved and qualified persons may provide homestudies.
- Disclosure of all available non identifying medical and social information concerning the child and pertinent information related to the child's natural parents shall be provided to the adoptive parent.
- Court review of fees charged by the agency/agent may be requested
Are there any exceptions to the requirements?
If you are adopting the child of your spouse (a stepchild) or if the person being adopted is over the age of eighteen (18), pre and post placement reports may be waived. However, the court may require specific reports to ensure that the adoption is in the best interest of the adoptee. (RCW 26.33.220)
Finalization
After all required reports are filed, the court will schedule a hearing on the petition for adoption. If the court agrees with the petition, a Decree of Adoption will be entered, a revised birth certificate is issued, and the legal process is completed.
Adoption is a lifelong journey. This information is offered as an introduction to adoptions in Washington State and a beginning step in the journey. It should not be considered the final source of information.
Contact Dave Hawkins today for a consultation. |