Overview of Adoption in Washington State
Adoption is the legal process by which a person becomes the legal parent of a child who is not their biological child. In Washington State, adoption is governed by RCW Chapter 26.33. Once an adoption is finalized, the adoptive parent has all of the legal rights and responsibilities of a biological parent, and the child has all of the legal rights of a biological child — including inheritance rights.
Washington State allows several types of adoption: agency adoption (through a licensed adoption agency), independent adoption (arranged directly between birth parents and adoptive parents, with court approval), stepparent adoption, and second-parent adoption (for same-sex couples and unmarried partners).
Stepparent Adoption
Stepparent adoption is one of the most common forms of adoption in Washington State. It occurs when a stepparent legally adopts their spouse's child from a prior relationship. For a stepparent adoption to proceed, the other biological parent must either consent to the adoption or have their parental rights terminated by the court.
Parental rights may be terminated involuntarily if the other parent has abandoned the child (failed to maintain contact or provide support for an extended period), has been found unfit, or if termination is in the best interests of the child. RCW 26.33.120 governs consent requirements for adoption in Washington State.
Second-Parent Adoption
Second-parent adoption allows an unmarried partner — including a same-sex partner — to adopt their partner's biological or adoptive child without the first parent losing their parental rights. This is important for couples who are not married and want both partners to have full legal parental rights.
Washington State courts have recognized second-parent adoption since the 1990s. The Washington Supreme Court affirmed the right to second-parent adoption in In re Adoption of Tammy (1993). Since the legalization of same-sex marriage, second-parent adoption has become less necessary for married couples — but remains important for unmarried partners.
Adoption and Estate Planning
Adoption has significant estate planning implications. An adopted child has the same inheritance rights as a biological child under Washington State law (RCW 11.04.085). This means that if you die without a will (intestate), your adopted child will inherit from you in the same manner as a biological child.
Conversely, once an adoption is finalized, the child generally loses inheritance rights from their biological parents — unless the biological parent is the spouse of the adoptive parent (as in a stepparent adoption). This is an important consideration for blended families.
If you have adopted children, your estate plan should expressly name them as beneficiaries in your will and trust documents. Do not rely on generic language such as "my children" without confirming with your attorney that it will be interpreted to include adopted children under the specific terms of your documents.
Key Washington State Statutes
RCW Chapter 26.33 — Adoption RCW 26.33.120 — Consent to Adoption RCW 26.33.160 — Termination of Parent-Child Relationship RCW 11.04.085 — Inheritance Rights of Adopted Children RCW 26.26A — Uniform Parentage Act
Resources
Washington State Department of Children, Youth, and Families (DCYF): https://www.dcyf.wa.gov/services/foster-parenting/adoption Washington State Courts — Adoption Forms: https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=16 Child Welfare Information Gateway — Washington State Adoption Laws: https://www.childwelfare.gov/topics/systemwide/laws-policies/state/