§60.06 Agency Adoption

• Jurisdiction: Washington

§ 60.06 AGENCY ADOPTION

The basic procedure in an agency adoption is quite similar to that of a private adoption, the main difference being that the agency, rather than the prospective adoptive parents, is the petitioner while the prospective adoptive parents are the clients of the agency. An agency will obtain permanent custody of the child after all parental rights have been terminated, and only then is the agency able to place the child with its clients, the prospective adoptive parents. The prospective adoptive parents do not have legal custody until the finalization, when they become the legal parents.

[1] Definition of "Agency"

An "agency" means "any public or private association, corporation, or individual licensed or certified by the [Department of Social and Health Services] as a child-placing agency under chapter 74.15 RCW or as an adoption agency." RCW 26.33.020(3).

[2] Procedure in Agency Adoption

Typically, after obtaining a signed consent to termination from one or both of the birth parents, the agency then acts as the petitioner in terminating the parental rights of the biological parents. See RCW 26.33.080, .100.

If only one birth parent signs a consent, the hearing on the termination petition will result in the agency having temporary custody and the authorization to place the child with qualified prospective adoptive parents. RCW 26.33.090(1), (5). The temporary custody order will also appoint the agency as the child's legal guardian. RCW 26.33.090(4).

If one parent has not consented, the same basic procedure is used as in private adoptions to terminate the nonconsenting parent's rights, except that, of course, the agency acts as the petitioner.

After the nonconsenting parent's rights are terminated and after the post-placement investigations are made, the agency will inform the adoptive parents that it is time to prepare to file the petition for adoption. Although the agency itself can act as the petitioner with respect to the relinquishment and termination petition, it cannot petition to adopt a child. This petition may be filed under the same cause number used for the relinquishment/termination petition if it is in the same county. RCW 26.33.030(2). It must be filed and...