Washington Adoption Laws, Page 3

Who Must Consent to an Adoption

Statute: §§ 26.33.080; 26.33.160

  • The parents and any alleged father
  • The agency or department to which the child has been relinquished
  • The legal guardian

Age When Consent of Adoptee is Considered or Required

Statute:
§ 26.33.160
  • A child 14 years of age or older must consent to the adoption.

When Parental Consent is not Needed

Statute:
§ 26.33.120

  • A parent's rights have been terminated in the child's best interest and due to failure to perform parental duties.
  • A parent is withholding consent contrary to the child's best interests.
  • For an Indian child, a parent's rights may be terminated only pursuant to standards set forth in 25 U.S.C. § 1912(f).

When Consent Can Be Executed

Statute:
§§ 26.33.080; 26.33.090; 26.33.160

  • The parents' written consent and petition to relinquish may be filed before the child's birth, but the hearing may not be held sooner than 48 hours after the birth.
  • If the child is an Indian child, the petition and consent shall not be signed until at least 10 days after the child's birth.

How Consent Must Be Executed

Statute:
§§ 26.33.090; 26.33.160

  • Written consents may be executed out of court and mailed or delivered to the clerk of the court, but are not valid until 48 hours after signing or the birth of the child and approved by a judge.
  • If the child is an Indian child, no consent shall be valid unless signed at least 10 days after the child's birth and recorded before a court of competent jurisdiction, pursuant to 25 U.S.C. § 1913(a).

Revocation of Consent

Statute: § 26.33.160

  • Consent is revocable until the court approves it.
  • Thereafter, consent is irrevocable, except that for 1 year, consent may be revoked for fraud, duress, or lack of mental competency.
  • For an Indian child, consent can be withdrawn for any reason before entry of final decree, and for fraud or duress within 2 years.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

 

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