Laws & Requirements

Adoption in the United States is governed by state and federal laws and regulations.

Washington state adoption laws can be found at the following: 

Federal child welfare laws can be found at Congress.gov, a service that makes Federal legislative information available to the public.

To be an adoptive parent, you are required to be:

  • 18 years of age or older
  • Legally competent
  • Have an approved home study. A home study is also sometimes referred to as a pre-placement report.

Adoption Laws at a Glance

These listings provide a basic overview of specific sections of Washington state's code. Additional information on these topics may be in other sections of a State's code as well as in agency regulations, case law, and informal practices and procedures.

If you are interested in interpretation of specific statutory provisions, you should talk to a professional who is familiar with this topic.  

Consent to Adoption

Who Must Consent to an Adoption (if under the age of 18)

  • The adoptee, 14 years of age or older
  • The parents
  • An agency or the department to whom the adoptee has been relinquished
  • The legal guardian

When Parental Consent is Not Needed

  • A parent’s rights have been terminated.
  • The parents is deceased.
  • For a Native American child, a parent's rights may be terminated only pursuant to standards set forth in 25 U.S.C. Sec. 1912(f).
  • If the adoptee is 18 years or older. 

When Consent Can Be Executed

  • For dependent children or youth, a parent may provide written consent and petition to voluntarily relinquish parental rights. The consent and petition cannot be entered into court until after 48 hours have passed.
  • If the child is Native American, the petition and consent shall not be signed until at least 10 days after birth.

Revocation of Consent

  • Consent is revocable until court approves it. After that, consent is irrevocable, except that for one year, consent may be revoked for fraud, duress, or lack of mental competency.
  • For a Native American child, consent can be withdrawn for any reason before entry of final decree and for fraud or duress within two years.

Parties to an Adoption

Who May Adopt

Any person who is:

  • 18 years of age or older
  • Legally competent
  • Has an approved family assessment (pre-placement report, home study which approves adoption)

Who May Be Adopted

  • Any person, regardless of age, gender, sexual orientation, religion, or residence.

Who May Place a Child for Adoption

  • The person or people who have legal ability to do so. Most often this is a parent. 
  • If parental rights have been terminated and the child is in permanent custody of DCYF, then DCYF can give consent to adopt.   
  • A child placing agency who is working with the parents.