Does the other parent still owe child support after a stepparent adoption in Washington?

Not going forward. RCW 26.33.260(1) says the decree divests a parent who is not married to the adoptive parent or who has not joined in the petition of all legal rights and obligations toward the child, except past-due child support obligations. RCW 26.33.130(2) uses the same exception for a termination order. So support owed before the order or decree can still be collected, while new support duties end.

Can a child adopted by a stepparent in Washington inherit from the stepparent?

Yes. Under RCW 26.33.260(1), the adopted child is, for all legal incidents, the child, legal heir, and lawful issue of the adoptive parent, including the right of inheritance and the right to take under a will. The parent married to the stepparent keeps their own legal ties, because the divesting language applies to a parent who is not married to the adoptive parent or who has not joined in the petition, and your spouse joins the petition (RCW 26.33.150(4)).

What if the other parent objects or cannot be found in a Washington stepparent adoption?

An objecting parent may have appointed counsel if indigent and must respond within twenty days of in-state service, or thirty days if served outside Washington (RCW 26.33.110(3)). The court can terminate only on clear, cogent, and convincing evidence that termination is in the child's best interest and that the parent failed to perform parental duties under circumstances showing a substantial lack of regard for parental obligations and is withholding consent contrary to the child's best interest. A parent served by mail and publication under RCW 26.33.310(3) who fails to appear can be terminated (RCW 26.33.120(3)).

How long does a stepparent adoption take in Washington, and what does it cost?

No statewide waiting period is set. Timing depends on service of notice, the post-placement report, due within sixty days of appointment unless extended, and the court's calendar. Filing fees are set at the superior court, so ask the clerk. Under RCW 26.33.200(2) and 26.33.190(4), the report writer may charge a reasonable fee, which can be reduced or waived if your finances warrant it.

Can the other parent in Washington take back a consent to a stepparent adoption?

Under RCW 26.33.160(2), a consent can be revoked at any time before the court approves it, by written revocation delivered or mailed to the court clerk. After approval, RCW 26.33.160(3) allows revocation within one year only for fraud or duress by the person requesting the consent, or the signer's lack of mental competency. Separate rules apply to an Indian child.

Stepparent Adoption in Washington

Reviewed by DocDraft Legal Team - Washington - Last updated October 6, 2026

In Washington a stepparent adoption is filed in the superior court of the county where the petitioner resides or the child is domiciled (RCW 26.33.030), and the stepparent's spouse joins in the petition (RCW 26.33.150(4)). The other parent must give a written, witnessed consent under RCW 26.33.160. If that parent will not consent, RCW 26.33.100(1)(c) lets the stepparent petition to terminate that parent's parent-child relationship, and RCW 26.33.120 allows termination either when the parent fails to appear after notice under RCW 26.33.310, or on clear, cogent, and convincing evidence that termination is in the child's best interest and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for parental obligations and is withholding consent to adoption contrary to the child's best interest. A child fourteen years of age or older must also consent. The Washington State Courts website states that adoption forms are not available there, so ask the superior court clerk about local forms.

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How are the other parent's rights ended in a Washington stepparent adoption?

By written consent, or termination under RCW 26.33.120 after notice under RCW 26.33.310: the parent fails to appear, or clear, cogent, and convincing evidence shows termination is in the child's best interest and the parent failed to perform parental duties, showing a substantial lack of regard for parental obligations, while withholding consent contrary to the child's best interest.

Which court and which form are used for a stepparent adoption in Washington?

File in the superior court of the county where you reside or where the child is domiciled (RCW 26.33.030). There is no statewide adoption form: the Washington State Courts forms site says adoption forms are not available there. Ask the superior court clerk about local forms, and include the facts RCW 26.33.150(2) requires.

Is a home study required for a stepparent adoption in Washington?

The preplacement report under RCW 26.33.190 is not required when you adopt your spouse's child, unless the court orders one (RCW 26.33.220). The post-placement report is different: under RCW 26.33.200 the court orders it when the petition is filed, and it is due within sixty days of the appointment unless the court extends the time.

At what age must the child consent to a stepparent adoption in Washington?

RCW 26.33.160(1)(a) requires consent to the adoption from the adoptee if fourteen years of age or older. The written consent is signed under penalty of perjury and is filed with the petition if it has already been signed (RCW 26.33.150(3)). Ask the superior court clerk how the court wants the child's consent presented.

Washington's termination route, the superior court, and the post-placement report

Washington adoptions are heard in the superior court, which RCW 26.33.020(7) defines as the court for this chapter, in the county where the petitioner is a resident or the adoptee is domiciled (RCW 26.33.030(1)). Washington has no consent bypass of the kind some states use. Under RCW 26.33.160(1)(b) the child's parents must consent in writing, and RCW 26.33.240(3) lets the court enter a decree only if all necessary consents are valid or have been dispensed with under RCW 26.33.170, which covers only narrow rape, incest and sexual assault situations. When the other parent will not sign, RCW 26.33.100(1)(c) lets a prospective adoptive parent who seeks to adopt the child of his or her spouse file a petition to terminate that parent's parent-child relationship, which can be consolidated with the adoption under RCW 26.33.030(2). After notice served under RCW 26.33.310, RCW 26.33.120 allows termination in two ways: the parent fails to appear after being notified of the hearing, or the court finds by clear, cogent, and convincing evidence that termination is in the child's best interest and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for his or her parental obligations and is withholding consent to adoption contrary to the best interest of the child. The statute sets no fixed number of months; the test is that substantial lack of regard for parental obligations. For investigations, RCW 26.33.220 drops the preplacement report for a stepparent unless the court orders it, but RCW 26.33.200 still has the court order a post-placement report when the petition is filed. A child fourteen years of age or older must consent under RCW 26.33.160(1)(a). The Washington State Courts forms site says adoption forms are not available there, so ask the clerk about local forms.

Relevant Laws

RCW 26.33.160 (Consent to adoption)

Except as provided in RCW 26.33.170, requires consent from the adoptee if fourteen years of age or older and from the parents of an adoptee under eighteen. The written consent is signed under penalty of perjury, witnessed by an adult the parent selects, and revocable before court approval.

RCW 26.33.120 (Termination grounds)

A parent's relationship may be terminated on clear, cogent, and convincing evidence that termination is in the child's best interest and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for parental obligations and is withholding consent contrary to the child's best interest, or if the parent fails to appear after notice under RCW 26.33.310. RCW 26.33.100(1)(c) lets a stepparent file the petition.

RCW 26.33.220 and 26.33.200 (Reports in a stepparent adoption)

RCW 26.33.220 says the preplacement report is not required, unless the court orders otherwise, when the petitioner seeks to adopt the child of the petitioner's spouse. RCW 26.33.200 still has the court order a post-placement report when the adoption petition is filed, filed within sixty days of the appointment unless extended.

Washington State Courts: Adoption forms page

The statewide court forms site states that adoption forms are not available on the Washington State Courts website and points to RCW 26.33 for the governing law. Ask the superior court clerk in your county about local adoption forms and fees.

Regional Variances

Washington stepparent adoption requirements

Court

Superior court (RCW 26.33.020(7)), in the county where the petitioner is a resident or the adoptee is domiciled (RCW 26.33.030(1)). Termination and adoption petitions and hearings may be consolidated (RCW 26.33.030(2)).

Petition form

No statewide form; the Washington State Courts forms site states adoption forms are not available there. Ask the superior court clerk about local forms. Contents are set by RCW 26.33.150(2).

Other parent's consent

Written consent of the parents of a child under eighteen, signed under penalty of perjury and witnessed by an adult the parent selects (RCW 26.33.160(1)(b), (4) and (6)). The stepparent's spouse joins in the petition (RCW 26.33.150(4)).

Proceeding without consent

No consent bypass; the other parent's relationship must be terminated on a petition under RCW 26.33.100(1)(c). After notice under RCW 26.33.310, RCW 26.33.120 allows termination if the parent fails to appear, or on clear, cogent, and convincing evidence that termination is in the child's best interest AND the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for parental obligations AND is withholding consent contrary to the child's best interest. No set number of months. RCW 26.33.170 separately dispenses with consent only in listed rape, incest or sexual assault cases.

Home study

Preplacement report not required for a stepparent unless the court orders it (RCW 26.33.220). Post-placement report ordered when the petition is filed, due within sixty days of appointment unless extended (RCW 26.33.200).

Residency or waiting period

Venue follows the petitioner's county of residence or the child's county of domicile (RCW 26.33.030(1)).

Child's consent age

Fourteen years of age or older (RCW 26.33.160(1)(a)).

Suggested Compliance Checklist

Decide how the other parent's rights will end

Before filing days after starting

Ask for a written, witnessed consent first. If the parent will not sign, plan a termination petition under RCW 26.33.100(1)(c). After notice under RCW 26.33.310, RCW 26.33.120 allows termination if the parent fails to appear, or on clear, cogent, and convincing evidence that termination is in the child's best interest and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for parental obligations and is withholding consent contrary to the child's best interest. Gather contact and support records.

File the adoption petition in superior court

At filing days after starting

File in the superior court of your county of residence or the child's county of domicile, with your spouse joining and any signed consents attached. Include the statements RCW 26.33.150 and 26.33.040 require, including whether the child is or may be an Indian child. Ask the clerk about local forms and the filing fee.

Serve notice and arrange the post-placement report

At least twenty days before the termination hearing (thirty if served outside Washington) days after starting

Serve the nonconsenting parent under RCW 26.33.310, using mail and publication if personal service cannot be given. Confirm who the court appoints for the RCW 26.33.200 post-placement report, due within sixty days of appointment, and whether it orders a preplacement report.

Gather the written consents

Before the adoption hearing days after starting

Collect consents from the other parent unless terminated, and from a child fourteen or older. Each consent must be signed under penalty of perjury and contain the statements RCW 26.33.160(4) lists, and a parent's consent needs an adult witness the parent selects. Ask the clerk which consent forms the court uses.

Confirm the child's new name and update records

After the final decree days after starting

Make sure the decree states the child's full new name under RCW 26.33.250(1)(d), and order certified copies for schools, Social Security, and passports while the birth record is amended under RCW 70.58A.400. A separate name change petition is needed only for name changes outside the adoption.

Document: name-change-petition

Task	Description	Document	Days after starting
Decide how the other parent's rights will end	Ask for a written, witnessed consent first. If the parent will not sign, plan a termination petition under RCW 26.33.100(1)(c). After notice under RCW 26.33.310, RCW 26.33.120 allows termination if the parent fails to appear, or on clear, cogent, and convincing evidence that termination is in the child's best interest and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for parental obligations and is withholding consent contrary to the child's best interest. Gather contact and support records.	-	Before filing
File the adoption petition in superior court	File in the superior court of your county of residence or the child's county of domicile, with your spouse joining and any signed consents attached. Include the statements RCW 26.33.150 and 26.33.040 require, including whether the child is or may be an Indian child. Ask the clerk about local forms and the filing fee.	-	At filing
Serve notice and arrange the post-placement report	Serve the nonconsenting parent under RCW 26.33.310, using mail and publication if personal service cannot be given. Confirm who the court appoints for the RCW 26.33.200 post-placement report, due within sixty days of appointment, and whether it orders a preplacement report.	-	At least twenty days before the termination hearing (thirty if served outside Washington)
Gather the written consents	Collect consents from the other parent unless terminated, and from a child fourteen or older. Each consent must be signed under penalty of perjury and contain the statements RCW 26.33.160(4) lists, and a parent's consent needs an adult witness the parent selects. Ask the clerk which consent forms the court uses.	-	Before the adoption hearing
Confirm the child's new name and update records	Make sure the decree states the child's full new name under RCW 26.33.250(1)(d), and order certified copies for schools, Social Security, and passports while the birth record is amended under RCW 70.58A.400. A separate name change petition is needed only for name changes outside the adoption.	name-change-petition	After the final decree

Frequently Asked Questions

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