Statutes for Involuntary Termination of Parental Rights (WA)

Below are the Washington State statutes for Involuntary Termination of Parental Rights. If anyone reads what the provisions are, two things are clear: that the state has attempted, from the start, to prejudice me and set this up to clear the way for them to terminate my parental rights. One of the best ways to terminate rights is to find the parent "mentally ill". See below for the law, which provides termination of rights if a parent is diagnosed as mentally ill. They have pushed for this from the beginning, in joint efforts with Wenatchee medical professionals. They lie to my family, telling them they want me to get a psych eval for "treatment" when really, all they want is a paper to clear the way for them to terminate my rights, which is exactly why I refuse to be "evaluated" by people they know in that area, who will do as they wish. Secondly, from the start, knowing I was not in their clutches for a psych eval, they attempted and still make great efforts to completely disrupt visitation and refuse accomodations, and even cut off phone visitation, to clear the path for them to claim the "bond" is broken. See below for the law, which provides for termination of parental rights if the state can argue the bond is broken and that the child's "best interests" are to remain with another family which they chose to try to force a child to bond with instead.

Finally, they know the clock is ticking. The longer they delay, the more quickly they can move to terminate my parental rights. Which is why they did NOTHING for TWO MONTHS after they won Fact Finding (by refusing me representation and discovery and appropriate notice). TWO MONTHS have gone by, where I was trying to get things rolling, and they ignored me, knowing the longer they stall, the more they can claim my son's "bond" is "broken" and that my parental rights should be terminated.

They tried to force me to move back to Wenatchee, or to the area, so they could have their people do a psych eval, which they know, if they get what they want (which is likely over there), will be grounds for terminating my rights. Since I refused to move back, and demanded services over here instead, they then cut off my phone visitation with my son to set the state to make a different claim (in case the psych eval doesn't turn out the way they want) and use it to say I am not "visiting" my son as court-ordered.

What would also be convenient, which they tried to claim in court, was that I had "abandoned" my son, which didn't, and doesn't fly. If they could have gotten some kind of email response from me to the Bellingham Prosecuting Attorney, that "I will NEVER go back!" or some kind of impetuous statement, they know they could use that against me to immediately begin termination proceedings, on the grounds that they had proof my intent was to "abandon" my son.

Here are the Washington State statutes, provided and obtained by the Department of Health and Human Services and the federal Children's Department:


Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.

Circumstances That Are Grounds for Termination of Parental Rights
Rev. Code §§ 13.34.132; 13.34.180

A court may order termination of parental rights if the following requirements are met:
The court has removed the child from his or her home.
Termination is recommended by the supervising agency.
Termination is in the best interests of the child.
Because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:
Conviction of the parent of rape of the child
Conviction of the parent of criminal mistreatment of the child
Conviction of the parent of assault when the child is the victim
Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child
Conviction of the parent of attempting, soliciting, or conspiring to commit a crime listed above
A finding by a court that a parent is a sexually violent predator
Failure of the parent to complete available treatment where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim
Abandonment of an infant under age 3
Conviction of the parent of a sex offense or incest, when a child has been born of the offense


A petition seeking termination of parental rights may be filed when:

The child has been found to be a dependent child, and:
The child has been removed from the custody of the parent for at least 6 months.
Services capable of correcting the parental deficiencies within the foreseeable future have been expressly and understandably offered or provided.
There is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future.
Use of intoxicating or controlled substances render the parent incapable of providing proper care for the child for extended periods of time and the parent has refused or failed to complete treatment.
The psychological incapacity or mental deficiency of the parent is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time.
Continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home.
The whereabouts of the child's parent are unknown, and no person has acknowledged paternity or maternity and requested custody of the child within 2 months after the child was found.


Circumstances That Are Exceptions to Termination of Parental Rights
Rev. Code § 13.34.180

A parent's failure to remedy conditions for 12 months shall give rise to a presumption that there is little likelihood of reunification unless it is shown that all necessary services have not been clearly offered or provided.


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Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.

Infant's Age
Rev. Code § 13.34.360

A newborn may be relinquished. ''Newborn'' means a live human being who is less than 72 hours old.

Who May Relinquish the Infant
Rev. Code § 13.34.360

The newborn may be relinquished by his or her parent.

Who May Receive the Infant
Rev. Code § 13.34.360

The parent may leave the infant with a qualified person at an appropriate location. ''Appropriate location'' means:
The emergency department of a licensed hospital during the hours the hospital is in operation
A fire station during its hours of operation and while fire personnel are present
''Qualified person'' means:

A bona fide employee, volunteer, or medical staff member of the hospital who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn's immediate needs
A firefighter, volunteer, or emergency medical technician at a fire station who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn's immediate needs


Responsibilities of the Safe Haven Provider
Rev. Code § 13.34.360

The qualified person at an appropriate location shall:
Attempt to protect the anonymity of the parent who transfers the newborn
Provide an opportunity for the parent to anonymously give such information as the parent knows about the family medical history of the parents and the newborn
Provide referral information about adoption options, counseling, appropriate medical and emotional aftercare services, domestic violence, and legal rights to the parent seeking to transfer the newborn
Notify child protective services within 24 hours after receipt of the newborn


Immunity for the Provider
Rev. Code § 13.34.360

A hospital or fire station, its employees, volunteers, and medical staff are immune from any criminal or civil liability for accepting or receiving a newborn under this section.

Protection for Relinquishing Parent
Rev. Code § 13.34.360

A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability for abandonment of a child.
The qualified person at an appropriate location shall not require the parent to provide any identifying information in order to transfer the newborn.

Effect on Parental Rights
Rev. Code § 13.34.360

Child protective services shall assume custody of the newborn within 24 hours after receipt of notification.



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Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.

Statutes:

Website for Statutes: http://apps.leg.wa.gov/rcw/
Citations:

Adoption: Title 26, Chapter 26.33
Child Protection: Title 26, Chapter 26.44
Child Welfare: Title 13, Chapter 13.34; Title 26, Chapter 26.34

Regulation/Policy

Website for Administrative Code: http://apps.leg.wa.gov/wac/
Note:
See Titles 112, 275, 388, 440





Website for Agency Policies: http://www1.dshs.wa.gov/CA/pubs/manuals_pp.asp



Other Resources


Department of Social and Health Services, Children's Administration

Publications/Program Information Index page
http://www1.dshs.wa.gov/ca/pubs/programs.asp

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Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.

Relative Placement for Foster Care and Guardianship
Citation: Rev. Code §§ 13.34.130; 74.15.020(2)(a)
Placement of the child with a relative under this subsection shall be given preference by the court. A relative includes a person related to the child in any of the following ways:
Any blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of ''grand,'' ''great,'' or ''great-great''
Stepfather, stepmother, stepbrother, and stepsister
A person who legally adopts a child or the child's parent, as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with State law
Spouses of any persons named above, even after the marriage is terminated
The relatives of any half-sibling of the child
Extended family members, as defined by the law or custom of the Indian child's Tribe or, in the absence of such law or custom, a person who has reached age 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a 24-hour basis to an Indian child


Requirements for Placement with Relatives
Citation: Rev. Code § 13.34.130
Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is:
Related to the child as defined in § 74.15.020(2)(a) and with whom the child has a relationship and is comfortable
Willing and available to care for the child
The relative must be suitable and competent to provide care and treatment. If the relative appears otherwise suitable and competent, a criminal history background check need not be completed before placement, but as soon as possible after placement.

Any placements with relatives shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions imposed by the court.

Relatives Who May Adopt

This issue is not addressed in the statutes reviewed.

Requirements for Adoption by Relatives

This issue is not addressed in the statutes reviewed.



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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.

What Are Reasonable Efforts
Citation: Rev. Code § 13.34.130
Reasonable efforts are preventive services offered or provided to the child and the child's parent.

When Reasonable Efforts Are Required
Citation: Rev. Code § 13.34.130
Reasonable efforts must be made:
To prevent or eliminate the need for the removal of the child from the home
To make it possible for the child to return home


When Reasonable Efforts Are NOT Required
Citation: Rev. Code § 13.34.132
Reasonable efforts are not required when there are aggravated circumstances. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:
Conviction of the parent of rape, criminal mistreatment, or assault of the child
Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child
Conviction of the parent of attempting, soliciting, or conspiring to commit any of the above crimes
A finding by a court that a parent is a sexually violent predator
Failure of the parent to complete a treatment plan where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim
Abandonment of an infant under 3 years of age
Conviction of the parent of a sex offense or incest when the child is born of the offense



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Adoption
Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 463 KB) publication.

Who May Access Information
Citation: Rev. Code §§ 26.33.340; 26.33.343

Nonidentifying information is available to:
An adoptive parent
An adopted person
A birth parent
Identifying information may be accessed by:

An adopted person who is age 21 or older, or under 21 with the permission of the adoptive parent
A birth parent or member of the birth parent's family after the adopted person has reached age 21
These family members shall be limited to the birth grandparents, a brother or sister of a birth parent, or the child of a birth parent. The court, for good cause shown, may allow a relative more distant in degree to petition for disclosure.

Access to Nonidentifying Information
Citation: Rev. Code §§ 26.33.340; 26.33.380

Reasonably available nonidentifying information may be disclosed upon a written request to the persons listed above. If the adoption facilitator refuses to disclose such information, the individual may petition the superior court.

The prospective adoptive parent shall be given a family background and child and family social history report about the child. The report shall include a chronological history of the circumstances surrounding the adoptive placement and any available psychiatric reports, psychological reports, court reports pertaining to dependency or custody, or school reports. Such reports or information shall not reveal the identity of the birth parents of the child but shall contain reasonably available nonidentifying information.

Mutual Access to Identifying Information
Citation: Rev. Code §§ 26.33.343; 26.33.347

Any person listed above may petition the court to appoint a confidential intermediary. The intermediary shall search for and discreetly contact the birth parent or adopted person, or if they are not alive or cannot be located within 1 year, the intermediary may attempt to locate members of the birth parent's or adopted person's family.

If the person is located, the intermediary will ask whether the person consents to a disclosure of identifying information. If the person refuses to consent, the intermediary shall report the refusal to the court and shall refrain from further inquiry without judicial approval. If the person being sought consents to disclosure of his or her identity, the court may then order that the identifying information be released. If the person being sought is deceased, the court may order disclosure of the identity of the deceased to the petitioner.

An adopted person over the age of 18 may file with the department of health a certified statement declaring any one or more of the following:

The adopted person refuses to consent to the release of any identifying information to a birth parent, birth sibling, or other birth relative and does not wish to be contacted by a confidential intermediary except in the case of a medical need.
The adopted person consents to the release of identifying information to a confidential intermediary, a birth parent, birth sibling, or other birth relative.
The adopted person desires to be contacted by his or her birth parents, birth siblings, other birth relatives, or a confidential intermediary.
An adopted person who files a certified statement may subsequently file another statement requesting to rescind or amend the prior statement.

Access to Original Birth Certificate
Citation: Rev. Code § 26.33.345

A noncertified copy of the original birth certificate is available to the birth parent upon request.

For adoptions finalized after 10-1-1993, a noncertified copy is available to the adopted person who is age 18 or older, unless the birth parent has filed an affidavit of nondisclosure.

Where the Information Can Be Located

State Adoption Department, Department of Social and Health Services, Adoption Archives

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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.

Agency or Person Gathering Information or Preparing Report
Citation: Rev. Code §§ 26.33.190; 26.33.350
A preplacement report on the prospective adoptive parents may be prepared by:
A child-placing agency
The department
An individual approved by the court
A court employee
Any person, agency, or entity who places a child for adoption shall provide health and social information about the birth family to the adoptive parents.

Contents of Report About Person to be Adopted
Citation: Rev. Code §§ 26.33.350; 26.33.380
The information about the child shall include:

A complete medical history
The results of a physical exam with lab tests and x-rays
Family background
A chronological history of the circumstances surrounding the adoptive placement
Psychiatric and/or psychological reports
Court reports related to dependency or custody
School reports


Contents of Report About Birth Parents
Citation: Rev. Code §§ 26.33.350; 26.33.380
The information about the birth parents shall include:
Medical history
Any available mental or physical health history
Family background
Social history
A chronological history of the circumstances surrounding the adoptive placement


Contents of Report About Adoptive Parents
Citation: Rev. Code § 26.33.190
The preplacement report shall include an investigation of the adoptive parents that addresses:
The home environment
Family life
The parents' health
The parents' facilities and resources
Their fitness as parents
Their understanding of the issues associated with adoption
The results of a national and State criminal background check



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Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.

Who Must Consent to an Adoption
Citation: Rev. Code § 26.33.160
Consent to an adoption shall be required of the following, if applicable:
The parents and any alleged father of a child under age 18
An agency or the department to whom the child has been relinquished pursuant to § 26.33.080
The legal guardian of the child


Age When Consent of Adoptee is Considered or Required
Citation: Rev. Code § 26.33.160
A child who is age 14 or older must consent to the adoption.

When Parental Consent is not Needed
Citation: Rev. Code §§ 26.33.120; 26.33.170
Except in the case of an Indian child, the parent-child relationship of a parent may be terminated upon a showing by clear and convincing evidence that it is in the best interest of the child to terminate the relationship, the parent has failed to perform parental duties, and is withholding consent to adoption contrary to the best interest of the child.
Except in the case of an Indian child, the parent-child relationship of an alleged father who appears and claims paternity may be terminated upon a showing by clear and convincing evidence that it is in the best interest of the child to terminate the relationship; that the alleged father has failed to perform parental duties under circumstances showing a substantial lack of regard for his parental obligations; that he is withholding consent to adoption, contrary to the best interest of the child; or that he is not the father.

The parent-child relationship of an Indian child and his or her parent or alleged father where paternity has been claimed or established may be terminated only pursuant to the standards set forth in 25 U.S.C. § 1912(f).

The consent of an agency, the department, or a legal guardian may be dispensed with if the court determines by clear and convincing evidence that the proposed adoption is in the best interests of the child.

The consent of an alleged father, birth parent, or parent may be dispensed with if the court finds that the proposed adoption is in the best interests of the child, and the alleged father, birth parent, or parent:

Has been found guilty of rape or incest where the child was the victim of the rape or incest
Has been found guilty of rape or incest where the other parent of the child was the victim of the rape or incest and the child was conceived as a result of the rape or incest


When Consent Can Be Executed
Citation: Rev. Code §§ 26.33.080; 26.33.160
A petition for relinquishment, together with the written consent to adoption, may be filed before the child's birth. If the child is an Indian child, the petition and consent shall not be signed until at least 10 days after the child's birth and shall be recorded before a court of competent jurisdiction pursuant to 25 U.S.C. § 1913(a).
The consent will not be presented to the court until 48 hours after it is signed or 48 hours after the birth of the child, whichever occurs later. In the case of a consent to an adoption of an Indian child, no consent shall be valid unless the consent is executed in writing more than 10 days after the birth of the child.

How Consent Must Be Executed
Citation: Rev. Code §§ 26.33.080; 26.33.160
A parent, an alleged father, the department, or an agency may file with the court a petition to relinquish a child to the department or an agency. The parent's or alleged father's written consent to adoption shall accompany the petition. The written consent of the department or the agency to assume custody shall be filed with the petition.The written consent to adoption shall be signed under penalty of perjury and shall state that:

It is given subject to approval of the court.
It has no force or effect until approved by the court.
The birth parent is or is not of Native American or Alaska native ancestry.
It is revocable by the consenting party at any time before its approval by the court.
A written consent to adoption that meets all the requirements of this chapter but that does not name or otherwise identify the adopting parent is valid if it contains a statement that it is voluntarily executed without disclosure of the name or other identification of the adopting parent.
There must be a witness to the consent of the parent or alleged father. The witness must be at least age 18 and selected by the parent or alleged father. The consent document shall contain a statement identifying by name, address, and relationship the witness selected by the parent or alleged father.


Revocation of Consent
Citation: Rev. Code § 26.33.160
Consent to adoption is revocable by the consenting party at any time before the consent is approved by the court. The revocation may be made in either of the following ways:
Written revocation may be delivered or mailed to the clerk of the court before approval.
Written revocation may be delivered or mailed to the clerk of the court after approval, but only if it is delivered or mailed within 48 hours after a prior notice of revocation that was given within 48 hours after the birth of the child. The prior notice of revocation shall be given to the agency or person who sought the consent and may be either oral or written.
Consent to adoption may not be revoked after it has been approved by the court. Within 1 year after approval, a consent may be revoked for fraud or duress practiced by the person, department, or agency requesting the consent, or for lack of mental competency on the part of the person giving the consent at the time the consent was given. A written consent to adoption may not be revoked more than 1 year after it is approved by the court.

In the case of consent to an adoption of an Indian child, consent may be withdrawn for any reason at any time prior to the entry of the final decree of adoption. Consent may be withdrawn for fraud or duress within 2 years of the entry of the final decree of adoption.



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Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.

Jurisdiction
Citation: Rev. Code § 26.33.030
A petition for adoption may be filed in the superior court.

Venue
Citation: Rev. Code § 26.33.030

The petition may be filed in the county in which:
The petitioner is resident.
The adopted person is domiciled.



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Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 333 KB) publication.

Effect and Recognition of a Foreign Adoption Decree

Not addressed in the statutes reviewed

Readoption After an Intercountry Adoption

Not addressed in the statutes reviewed

Application for a U.S. Birth Certificate
Citation: Rev. Code § 70.58.210(2)

The Department of Registration of Births will, upon request, issue a birth certificate for a foreign-born child who was adopted in this State, when it receives:
A certified copy of the decree of adoption
Evidence as to the child’s birth date and birthplace provided by the original birth certificate, or by a certified copy, extract, or translation or by a certified copy of some other document that is essentially equivalent, such as the records of the U.S. Immigration or Naturalization Service* or of the U.S. Department of State
The certificate will include:
The new name of the child as shown in the adoption decree
The names of the adoptive parents of the child
The age, sex, and date of birth of the child
The certificate will not make reference to the child’s adoption.
[*As of March 1, 2003, the responsibility for providing immigration-related services, such as naturalization, was transferred from the Immigration and Naturalization Service to the U.S. Citizenship and Immigration Services, a bureau of Homeland Security. The statutes do not yet reflect this change.]



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Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 246 KB) publication.

Birth Parents in Relation to Adopted Person
Citation: Rev. Code § 11.04.085

A lawfully adopted child shall not be considered an heir of his or her natural parents.



Adoptive Parents in Relation to Adopted Person
Citation: Rev. Code § 26.33.260

An adopted person shall be, to all intents and purposes, and for all legal incidents, the child, legal heir, and lawful issue of the adoptive parent, entitled to all rights and privileges, including the right of inheritance.




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Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 308 KB) publication.

What may be included in postadoption contact agreements?
Citation: Rev. Code § 26.33.295

Nothing in this chapter shall be construed to prohibit the parties to a proceeding under this chapter from entering into agreements regarding communication with or contact between adopted children, adoptive parents, and a birth parent or parents.

Who may be a party to a postadoption contact agreement?
Citation: Rev. Code § 26.33.295

An agreement may entered into between the adoptive parents and the birth parents.

What is the role of the court in postadoption contact agreements?
Citation: Rev. Code § 26.33.295

The court shall not enter a proposed order unless the terms of such order have been approved in writing by the prospective adoptive parents, any birth parent whose parental rights have not previously been terminated, and, if the child is in the custody of the department or a licensed child-placing agency, a representative of the department or child-placing agency. If the child is represented by an attorney or guardian ad litem in a proceeding under this chapter or in any other child-custody proceeding, the terms of the proposed order also must be approved in writing by the child's representative. An agreement under this section need not disclose the identity of the parties to be legally enforceable.
The court shall not enter a proposed order unless the court finds that the communication or contact between the child adoptee, the adoptive parents, and a birth parent or parents as agreed upon and as set forth in the proposed order, would be in the adopted child’s best interests.

Are agreements legally enforceable?
Citation: Rev. Code § 26.33.295

Agreements regarding communication with or contact between adopted children, adoptive parents, and a birth parent or parents shall not be legally enforceable unless the terms of the agreement are set forth in a written court order entered in accordance with the provisions of this section.

An agreement may be enforced by a civil action and the prevailing party in that action may be awarded, as part of the costs of the action, a reasonable amount to be fixed by the court as attorneys' fees.

How may an agreement be terminated or modified?
Citation: Rev. Code § 26.33.295

The court shall not modify an agreed order under this section unless it finds that the modification is necessary to serve the best interests of the child adoptee, and that:

The modification is agreed to by the adoptive parent and the birth parent or parents.
Exceptional circumstances have arisen since the agreed order was entered that justify modification of the order.



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Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.

Legal definition of "father"
Rev. Code §§ 26.26.011; 26.26.116

''Acknowledged father'' means a man who has established a father-child relationship under §§ 26.26.300 through 26.26.375.
''Adjudicated father'' means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child.

''Alleged father'' means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include:

A presumed father
A man whose parental rights have been terminated or declared not to exist
A male donor
''Presumed father'' means a man who, under § 26.26.116, is recognized to be the father of a child until that status is rebutted or confirmed in a judicial proceeding.

A man is presumed to be the father of a child if:

He and the mother of the child are married to each other, and the child is born during the marriage.
He and the mother of the child were married to each other, and the child is born within 300 days after the marriage is terminated.
Before the birth of the child, he and the mother of the child married each other, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination.
After the birth of the child, he and the mother of the child have married each other, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:
The assertion is in a record filed with the State Registrar of Vital Statistics.
He agreed to be and is named as the child's father on the child's birth certificate.
He promised in a record to support the child as his own.


Putative father registry
Rev. Code §§ 26.26.300; 26.26.305

The mother of a child and a man claiming to be the father of the child conceived as the result of his sexual intercourse with the mother may sign an acknowledgment of paternity with intent to establish the man's paternity.
An acknowledgment of paternity must:

Be in a record
Be signed under penalty of perjury by the mother and by the man seeking to establish his paternity
State that the child whose paternity is being acknowledged:
Does not have a presumed father, or has a presumed father whose full name is stated
Does not have another acknowledged or adjudicated father
State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing
State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after 2 years


Alternate means to establish paternity
Rev. Code § 26.26.101

The father-child relationship is established between a child and a man by:
An unrebutted presumption of the man's paternity of the child under § 26.26.116
The man's having signed an acknowledgment of paternity, unless the acknowledgment has been rescinded or successfully challenged
An adjudication of the man's paternity
Adoption of the child by the man
The man's having consented to assisted reproduction by his wife that resulted in the birth of the child
A valid surrogate parentage contract, under which the father is an intended parent of the child


Required Information
Rev. Code § 26.26.355

The State Registrar of Vital Statistics shall prescribe forms for the acknowledgment of paternity. The acknowledgment of paternity shall state, in prominent lettering, that signing the acknowledgment of paternity is equivalent to an adjudication of paternity and confers upon the acknowledged father all the rights and duties of a parent, such as the payment of child support, if the acknowledgment is not challenged or rescinded.

Revocation of claim to paternity
Rev. Code §§ 26.26.330; 26.26.335

A signatory may rescind an acknowledgment of paternity by commencing a court proceeding to rescind before the earlier of:
60 days after the effective date of the acknowledgment
The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support
After the period for rescission has elapsed, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only:

On the basis of fraud, duress, or material mistake of fact
Within 2 years after the acknowledgment is filed with the State Registrar of Vital Statistics
A party challenging an acknowledgment of paternity has the burden of proof.

Access to information
Rev. Code § 26.26.360

The State Registrar of Vital Statistics may release information relating to the acknowledgment of paternity, not expressly sealed under a court order, to:

A signatory of the acknowledgment or their attorneys of record
The courts of this or any other State
The agencies of this or any other State operating a child support program under title IV-D of the Social Security Act
The agencies of this or any other State involved in a dependency determination for a child named in the acknowledgment of paternity



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Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 620 KB) publication.

Who Can Nominate a Standby Guardian
Citation:

The issue of standby guardianship is not addressed in the statutes reviewed.

How to Establish a Standby Guardian
Citation:

The issue of standby guardianship is not addressed in the statutes reviewed.

How Standby Authority is Activated
Citation:

The issue of standby guardianship is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent
Citation:

The issue of standby guardianship is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby
Citation:

The issue of standby guardianship is not addressed in the statutes reviewed.

Withdrawing Guardianship
Citation:

The issue of standby guardianship is not addressed in the statutes reviewed.


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State Regulation of Adoption Expenses
To better understand this issue and to view it across States, see the State Regulation of Adoption Expenses: Summary of State Laws (PDF - 342 KB) publication.

Birth Parent Expenses Allowed
Citation: § 9A.64.030(2)(f)


Prenatal, hospital, or medical expenses
Attorney's fees and court costs


Birth Parent Expenses Not Allowed
Citation:

Not addressed in statutes reviewed

Allowable Payments for Arranging Adoption
Citation:

Not addressed in statutes reviewed

Allowable Payments for Relinquishing Child
Citation: § 9A.64.030(1)
It is unlawful for any person to sell or purchase a minor child.

Allowable Fees Charged by Department/Agency
Citation: §§ 26.33.190(4); 26.33.200

A reasonable fee may be charged by an agency, the department, or a court approved person for preparation of the preplacement report.
The fee may be reduced or waived if the person's financial condition so warrants.
A fee may be charged for the postplacement report.


Accounting of Expenses Required by Court
Citation:

The Adoption Code does not provide for an accounting, but judges may, at their discretion, ask for one.


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Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 273 KB) publication.

Use of Advertisement
Citation: Rev. Code § 26.33.400(1)-(2)

No person or entity shall cause to be published for circulation, or broadcast on a radio or television station an advertisement of a child or children offered or wanted for adoption, or shall hold himself or herself out through such advertisement as having the ability to place, locate, dispose, or receive a child or children for adoption unless such person or entity is:
A duly authorized agent, contractee, or employee of the department or a children's agency or institution licensed by the department to care for and place children
A person who has a completed preplacement report with a favorable recommendation as to the fitness of the person to be an adoptive parent
Nothing in this section prohibits an attorney from advertising his or her availability to practice or provide services to the adoption of children.



Use of Intermediaries/Facilitators
Citation: Rev. Code § 26.33.390(2)-(3)

Any person adopting a child shall receive from the adoption facilitator written information on adoption-related services. This information may be that published by the department or any other social service provider and shall include information about how to find and evaluate appropriate adoption therapists, and may include other resources for adoption-related issues.

Any person involved in providing adoption-related services shall respond to requests for written information by providing materials explaining adoption procedures, practices, policies, fees, and services.

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Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 302 KB) publication.

Who May Adopt
Citation: Rev. Code § 26.33.140
Any person who is legally competent and age 18 or older may adopt.

Who May Be Adopted
Citation: Rev. Code § 26.33.140
Any person, regardless of age or residence, may be adopted.

Who May Place a Child for Adoption
Citation: Rev. Code § 26.33.160
A child may be placed for adoption by:
The child's parent or guardian
The department
A child-placing agency



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Updated on September 18, 2008

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