§60.09 Stepparent Adoptions

• Jurisdiction: Washington

§ 60.09 STEPPARENT ADOPTIONS

A stepparent may petition to adopt a spouse's child by a prior marriage or relationship. This process leads towards the final hearing when the birth parents' rights are terminated and the petitioning stepparent is declared the parent, figuratively stepping into the shoes of the former parent. The easiest way to obtain such an order of termination is if the other biological parent signs a consent to the termination of his or her rights. If the other biological parent does not consent, the petitioner must show "by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and 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." RCW 26.33.120(1). See § 60.15[5] and [6], below, for a discussion of contested involuntary adoptions.

A preplacement report is not necessary in a stepparent adoption. RCW 26.33.220. There is no exemption, however, regarding the filing of a post-placement report. It is therefore necessary to obtain an order directing an approved individual or an agency to prepare the...