Adoption Law in Washington
Adoption Law in Washington
Are you trying to adopt a baby in Washington but are confused by the law? Don't worry, my friend. Today we are having a conversation with Janna. She is a licensed adoption attorney in the state of Washington. And she will give us an overview of the adoption law in Washington and some commonly used terms throughout the adoption process that you will find helpful no matter what state you're adopting from.
Below is a transcript of my conversation with Jana. I hope you find it helpful.
AMANDA: Janna has been practicing adoption law in Washington for well over 20 years. And she's an adoptive mom of two. So we'll get the bonus perspective of an adoption lawyer and hear about another adoption journey. Join me in welcoming Janna to the show. Janna, thank you so much for being willing to join us today.
JANNA: Happy to be here.
AMANDA: I'm so excited that Janna is joining us today to discuss adoption law in Washington. But before we do that, I think it's exciting to hear Janna’s other perspective on adoption, which is about being an adoptive mom. Janna, would you be willing to share more about your adoption stories with us?
Jana’s Adoption Story
JANNA: Absolutely. It's one of my favorite things to talk about. My husband and I are parents to a 15-year-old daughter and a 12-year-old son, so we've made it this far. It sounds like a whole different world than when they were teeny tiny, but both kids joined our family through an independent adoption. Our daughter was very, very short notice. We became instant parents, with about two days' notice, almost 15 years ago. Yeah, that period is sort of burned in my mind. In a good way, I will never, ever forget all of the whirlwind and just how our lives changed overnight. And then with our son, who's 12, we had a little bit longer notice of him. We got to know his birth mom and had a bit of preparation for him joining our family. We were present for both of their births. So that's also burned in my mind!
AMANDA: I bet!
JANNA: Witnessing the miracle of life from a viewer's perspective, so yeah, and they're both open adoptions. At this point, I wouldn't say we have tons of back and forth with their birth families. But as is, you know, really typical, even more so now, there's no such thing as a closed adoption, is what I tell clients. Anonymity is, you know, aspirational, it's a thing of the past with 23 & Me and ancestry and all of that. So, yeah, we're a family of four, we live in West Seattle, and do plenty of, you know, typical family things, plus a layer of maybe adoption-related activities. We're part of an adoption group in Seattle, Adopted Friends, and Families of Greater Seattle.
We have an annual camping trip with tons of families that, you know, look like ours, like maybe no one quite matches physically. And it's great for the parents to be with other parents who get it and for the kids to be with kids whose family structures are much like their own. But yeah, I'm fortunate to have a lot of connections to the adoption community, both professionally and personally.
AMANDA: Well, that is awesome. I love that you're a member of your local adoption community because I think it is important for our kiddos as we enter the adoptive parent stage. As they enter into their life, they have to your point connections that allow them to be in the community as well, right? And so, I know that my oldest is seven, and she's just now starting to find adopted friends, and they're having lots of questions and dialogue.
Today, the day we're filming, this episode is what we call K day in our house. Today is her adoption finalization day that we celebrate, and she's celebrating with her friends at school and sharing some special memories with them that are also adopted. I love that your kids also have that community. And I love that you're willing to share your story with us because we are all stronger in the community and learning from each other at every stage of this journey. After all, it doesn't stop once the adoption is finalized. It is a lifelong journey for sure.
JANNA: It's just starting, finalization.
AMANDA: It is it is, you know, it's funny, when I went through the process, right, everything was so focused on getting the goal of bringing the baby home that when the baby came home, I was like, “oh, now I can see the next thing that I couldn't see, because I was so blinded, at just that moment and getting to that moment, so your right.”
JANNA: Yeah, and when the kids get to be a bit older, you start experiencing the adoption story all over again, from their perspective, because they were too tiny. They weren't, you know, they were sort of passive participants when it was front and center in your world. Now, as they grow into their identities, and it's part of their story, you walk that through with them again, multiple times, as they're, having their first experience and deeper understanding of the story. So definitely not a one-and-done; it’s a lifetime.
AMANDA: Yeah, for sure, for sure. Well, again, thank you for sharing that. And I know we are super excited as I know the audience is to learn about all things adoption law in Washington.
I will acknowledge we can't possibly learn everything on the inside of our brain in a matter of these few minutes. And so we'll always include your contact information for anybody that's listening or watching and needs to get in touch with you to ask you questions or hire you for your services. But I'd love it if you would start with an overview of adoption law in Washington.
Adoption Law in Washington
JANNA: If I had to pick one word, we have a good law. I can say that pretty confidently. I'm sure you know, and your audience knows adoption is a creature of statute. It only exists because each state has a law that says it does. And each state has a little bit of a different law, but the building blocks are the same, and you end up in the same place. But the specific steps to get there can be different, surprisingly different from state to state. Specifically concerning birth parent rights, the birth parent’s consent, and how long it's revocable. What must you do to notify and take care of the rights of perhaps an unnamed or unidentified biological father? Those are scenarios where it's prevalent to have differences in state law.
So what I like about Washington's adoption laws is that they're robust. They're evident. And, you know, that's another area where states differ; some are very sparse, and they don't have a lot of specific guidance. Washington's are quite clear. So that's the first thing. The second key feature is that we have a relatively short revocation period; in most cases, It's not a long, protracted time when the biological parents have an opportunity to revoke consent. That's always a point of anxiety.
The primary point for prospective adoptive parents is how a birth parent could change their mind, and this child I have in my physical custody is removed. That period is quite short in Washington. It can be as short as 48 hours. I caution that it's usually not quite that short for some logistical reasons. But folks need to know that the Washington legislature prioritized finality, security, and the child's permanency by making it a short revocation period.
AMANDA: That's one of the shorter revocation periods I've heard of.
Post Adoption Contact Orders Are Legally Enforceable In Washington
JANNA: Yeah, it is shorter. Another important feature is our open-adoption agreements, or post-adoption contracting agreements are legally enforceable; they become court orders. So both the adoptive parents and the birth parents can be secure knowing that this is a real commitment, whatever the parties have agreed to regarding post-adoption contact. But by the same token, adoptive parents would understand that they are the only parents and that the child's safety is always paramount. So there's no situation where they would be forced into continuing contact contrary to the child's best interest. But legally enforceable open adoption agreements are another perfect thing. What else? Advertising permits folks who are looking to match independently.
The caveat is that you need to have an approved home study. In my office, one of the first conversations we have with folks embarking on an adoption journey is connecting them with licensed Social Workers authorized to prepare adoption home studies.
You Can Advertise Your Adoption Profile In Washington
That is the first step when you have that approved home study, and you are free to advertise. And that's not the case in all states. Obviously, inherent in that is self-matching, or independent matching is permitted. Unlike some states, you do not have to use an adoption agency.
AMANDA: That is good to know. Just a few things that I want to go back to and just unpack for the audience. First and foremost, I think that you've very quickly demonstrated why it is important that you partner with an adoption attorney in your state or in the state where the adoption is going to be final. Because state law varies, right? And so you touched on several aspects that vary everything from revocation to notifying potential birth fathers that may be known or unknown, as well as maybe even potentially signing consents, you know, earlier in the process.
So that's the very first point that I want to make sure everybody takes away from the conversation – always have an adoption attorney in that state because you must be licensed to practice law in a particular state. And to do that, when you're an adoption attorney, that means you understand your adoption law in this state. So that's important.
I'd like to circle back and ask a few clarifying questions because we have audience members on all different ends of their journey. So from the beginning of the adoption law process here, talking about consent notifying known or unknown birth fathers. Can you talk a little bit more about that process?
JANNA: Sure, and how would it play out in Washington?
AMANDA: Yes, please. Sorry. Thanks for the question.
The Adoption Process in Washington
JANNA: Absolutely. In Washington, biological parents can sign a consent to adoption, even before the child is born. That's unique in my experience and not typical in most states. As I explained before, you can sign the consent before birth. But you cannot, if I've got the birth parent's consent, you can't do anything with that until at least 48 hours after the baby's birth,
If it was signed pre-birth.
If it is signed after the birth, you can't do anything with it until at least 48 hours after signing. So whichever is longer after birth or after signing. When that 48-hour period has passed, I can take that consent to court and ask for an order approving it and making it irrevocable. Up until I go to court, which can't happen until at least those 48 hours have passed, up until I take it to court and the court signs that it is revocable for any reason for no reason at all. It can be taken back. So that would be the process for a consenting parent. We hope that's both biological parents. It's not always. And would you like me to speak on the process for a non-consenting? Usual fathers?
AMANDA: Yes, please.
JANNA: So when a father is not, let's first say he's not locatable. We know who he is, or we think we do. Mom has to sign an affidavit explaining you know the Father's identity if she knows. And that's a sworn statement that goes to the court. Because, bottom line, in Washington, it doesn't matter whether you're married, not married, whoever you are, if you are a potential father, you are entitled to notice of the adoption. Just like mom. That's not the case in all states; in some states, you have fewer rights if you are not married to your mom. Here, it doesn’t matter. Dad gets, for better or worse, and I've seen both; dad is entitled to the same notice and everything else that mom is. So say that we don’t know or can't find him. We have to do due diligence to try to find him. The court will require that. And suppose the court is satisfied that we cannot find him after a diligent search. In that case, we're allowed to serve Him by publishing a notice in the paper that we intend to ask the court to terminate his parental rights; if he doesn't respond, which, if you're only publishing, almost nobody sees that.
So that's why you must convince the court that you tried to put paper in their hand, and you can't find it. Yeah, so the court will terminate their rights if he doesn't respond. If dad is entirely unknown, which does happen, you are still publishing. But your publication is to John Doe and any interested party, and the effect is the same. If you know who that is and can serve him. If he fails to respond, which happens in a fair number of cases, again, the court will grant the petition to terminate his rights because he didn't respond, there was no objection, rights terminated, and adoption proceeds. And finally, if dad receives notice, and I say dad here, because like 99% of the time, that's what the situation is. So not always, but most. Finally, if dad receives notice and does raise an objection to the adoption, the process here is that we ask the court to certify the matter for trial. And it's a shortened, expedited trial schedule. In 90 days, there will be a trial where the petitioners, the adoptive parents, have the burden of proving by clear, compelling, and convincing evidence that the biological father has failed to perform parental obligations and is withholding consent to the adoption, contrary to the child's best interest.
Most cases do not end up in a trial like this. That is the extreme outcome and a tiny minority of cases. But that is how it would play out in Washington if dad mounts an objection to the adoption.
AMANDA: Okay, thank you very much. I think that's going to be super helpful for our audience. There are two other kinds of steps that I also want to unpack just for a moment. So one, when you're in that phase where the consents have been signed, it is before the hearing. I want to ask it from a couple of perspectives, potentially one. It may vary by state law:
1. Would the hopeful adoptive parents be allowed to leave the hospital with the child?
2. What paperwork do they need for parenting the child? So, If the child becomes sick, cover themselves during that period while you're waiting for the finalization hearing?
JANNA: Good question. The answer is that we get a temporary custody order from the court shortly after birth. Sometimes we even can get the court to do this before birth if we know the baby's coming on a Saturday, and it's a super uncomplicated pregnancy; we have no reason to expect that anybody is going to be held in the hospital, baby and mom could be discharged on Sunday. I mean, they kick you out of there fast now.
So in cases like that, we will sometimes ask the court on the Friday before and say this baby's coming on Saturday, and they might need to leave Sunday. Please enter a future custody order that takes effect at noon the next day after we know a baby will be here, authorizing the hospital to discharge to the adoptive parents. Now that has no impact on parental rights. It basically makes the adoptive parents fancy babysitters, and that's all; the consent is revocable, and consent has to be signed to get that custody order. But the consent is revocable. It does nothing but give you temporary authority to have physical custody of the baby and get any emergency medical care that might need. Does that make sense?
AMANDA: That makes sense. Yes. And I thought that was important for our audience to hear. I get a lot of questions like, Hey, we're not going to be finalized for a while, but I know we're going to be discharged. Like, am I legally okay to leave the hospital? And my first thing is to ask your attorney. But second, you should have something that says that you are legally allowed to leave the hospital with the baby so that you're not in trouble because, in these situations, you want to make sure you follow the letter of the process and the law to the tee. After all, you don't want to put anything in jeopardy.
JANNA: Exactly. And this goes back to what I said initially about adoption being a creature of statute. It only exists because the law says it does. And that means you have to follow exactly what the law says. Or you don't have an adoption. It only works if you do it the way the law says. And regarding that custody order I mentioned, you made a good point. At least in Washington, finalization typically takes at least two or three months after birth and, in many states, a lot longer. Washington’s short because we only require one post-placement report. So we finalize fast relative to other states. But during that period, that temporary custody order gives the adoptive parents legal custody of the baby. And that’s good until you get the decree of adoption, the big kahuna, the permanent custody document. Does that all make sense too?
AMANDA: Yeah, that does. In our instance, our daughter was born in Florida. And it was a six-month finalization window. So that custody order was the document that I used to enroll her in care and childcare, what I used to add her to our insurance, so all of those types of things, that was the core paperwork that I had to have for all of those kinds of necessary things that I had to get an order before finalization. I couldn't use it to get her a social security number. At that stage. It was too early, you needed the adoption decree, or you could file for, you know, AITN, those types of things aside, but that core custody order was critical. So that's a document you want to keep up with.
JANNA: You reminded me of many people's question, which is insurance, and when do I get to put the child on my insurance? And the answer is, as soon as you have legal custody, it has to be, you'll have insurance companies all have HR departments and clients, insurers tell them sure, as soon as the adoption is final, you know, they can get on your insurance, no pushback that is wrong, they are legally required to add the child, as soon as you have legal custody, that's the temporary custody order. They're not uninsured or on Medicaid; until then, they must be on your insurance. Before the birth, act, get that set up, you know, contact your insurance company, and say we have an adoption plan we're anticipating, that we will have a child with us starting, etc.; give me whatever forms you need me to provide so that we have no gap in coverage here. We get him, or her enrolled quickly. Okay.
AMANDA: That's important. And most of them will give you a 30-day grace period on providing the actual custody paperwork or the custody order. So that way, you can get them set up. So that was what we did, literally. So we had concise notice as our daughter was already born when we heard, and we were on our way to Florida, and I was calling the insurance company asking what I needed to do. They said since she was already born, they needed her date of birth. Anything from here is good. They also said there was a form they would need from me in 30 days. So it is essential to talk to the insurance company about that.
JANNA: Yeah, call your lawyer if they push back. I have a letter I have sent. But your attorney should know how to fix it.
AMANDA: That's awesome. You're right. That's also a sign of a good attorney that knows the ins and outs of that.
JANNA: It happens a lot, so …
AMANDA: Right. So there is one other topic in there that I did want to touch on: if you know, the expectant parents or the birth parents now, since the baby's born, decides to parent, how does that, you know, typically transpire? And then can you talk us through any examples you might have of that?
JANNA: Fortunately, the number of times a birth parent has changed their mind and decided to parent after birth and after custody is already with adoptive parents is small. You know, plenty of times people change their minds. Sure. But the number of cases that's happened after the baby's gone home with adoptive parents. It has certainly happened. But it's not. the norm by any means. So that's not we're not talking more than 10% of the time, maybe even less than 5% of the time.
Another question we get asked often is how often people change their minds. And the longer you go through the process, the farther you are into the process, and the smaller the number gets. So yeah, lots of mind-changing early in the process gets much more infrequent the further along you get. So logistically, what happens is, you know, there's no blueprint for this. And it depends on where the adoptive parents are; essentially, the consent is revoked. So the petition for adoption is dismissed, and it's just a return of physical custody; we usually get an order to close the loop. If they have a temporary custody order, we usually get a court order, you know, terminating that so that it's clear that birth parents get all rights returned to her, but the adoption matter essentially goes away. Does that answer what you were asking for?
AMANDA: It does, for sure. So I've lived in that situation for seven days of parenting. And so what I think the other thing I would add is if you don't live in the state of Washington, but your birth mom lives in the state of Washington, you would still physically be there. Because the ICPC (Interstate Compact On The Placement Of Children) would not have started until after the termination of parental rights, is that correct?
JANNA: Correct. So ICPC, I will say. is getting better and faster as they've gotten more electronic. But again, this is the Interstate Compact on the Placement of Children, which is sort of the state's way of dealing with the fact that all states have different adoption laws; each state has an office that reviews all adoptions of kiddos going across state lines. And the reason is that the short version ensures nobody falls through the cracks and that everybody understands what state and who within the state is responsible for caring for this child. So you must clear ICPC before an adopted child can cross a state line.
That means you are staying in the state of birth, the sending state until you get the thumbs up from the sending state and the receiving state that you're clear to go. We tell folks to count on seven to 10 days for ICPC to clear. I will say often, it ends up being less than that. But we tell folks to count on seven to 10 days. And you are correct that you know by the time you're in the clear to go from ICPC, presumably, mom's parental rights will be terminated at least.
But here's the situation, this is rare. Still, if mom's terminated, you get temporary custody, you’ve got irrevocable consent, and you're free to go home, but you don't have dads rights resolved yet, and that common that you don’t have dad’s rights resolved yet, you might have to serve him, you might have to look for him. So it's really common to go back home before dad's rights are done if something happened where dad objected to the adoption, in a way or to the point that mom decided that instead of finalizing the adoption, instead of going through the adoption, she would rather parent and deal with him. So basically, he won't sign, and we don't think that we could meet the standard of terminating his parental rights; adoptive parents could decide to dismiss the petition for adoption, mom's parental rights would be reinstated, you would have to return the baby to the state of birth. And then it would be Mom and Dad would be the legal parents and have a custody case or parenting plan just like any other, you know, a couple might, together.
AMANDA: Thank you for explaining all of that. And I know there are a lot of nuances there. And I know every case is different. But I think it's important for folks to understand the foundational language associated with this. And then the process because you want to prepare for these situations. Because again, it is so critical that you follow the law, you know, to a tee. So I would close our conversation by asking if there's anything else you'd like to share with our audience, or any other kind of like, what's the main key point that you want them to retain from our conversation today?
JANNA: I guess I'll just repeat that. It doesn't have to be me; call somebody before you do anything. Talk to an attorney licensed in your state who knows what's happening with adoption and is not a general family law attorney. Adoption is under the umbrella of family law, yes. But know that family law typically means dissolution and custody. And maybe they've done step-parent adoption or something. You need somebody who a large part of their practice is adoptions, including interstate adoptions. A good way to find those folks is through the Academy of Adoption and Assisted Reproduction Attorneys. It's AAAA, and that’s an easy website for Google. To be a fellow of the Academy of Adoption and Assisted Reproduction Attorneys, you must have a significant chunk of your practice devoted to adoption. Those folks are experienced. It's a good bet. But make sure you talk to somebody sooner rather than later because the worst situation is getting a client in; they've already done things inconsistent with state law. So we're then on our back foot, asking them for forgiveness instead of permission.
And, you know, there are certain states, the scariest one, I think, is Texas, where I think you cannot pay any living expenses for a birth parent. I think it's a misdemeanor, but it may be more. And you know, in some cases, people have matched with a birth mom in Texas, and they've already sent them money for gas, a cell phone, or whatnot. So that's one example of where you could, you know, fall into a trap for the unwary; you could completely, innocently, run afoul of the applicable law. So just talk to somebody early, sooner rather than later that applies, regardless of where you are.
AMANDA: Yeah, I completely agree. Anytime someone reaches out to me that says, hey, I've, I've connected with this expectant parent, and I'm like, stop, find an adoption attorney, talk to them. Find an adoption attorney in the state where the expectant mother lives because every state is so different. And I always make the big disclaimer that I’m not an ed adoption attorney, but I'll share experiences with you.
But then I will tell you to go to the AAAA website or, if you're in Washington, to find Janna and look and call her. And so, I'd love it if you would share more about what you do in your practice. So that way, if someone does happen upon an opportunity in the state of Washington, they have a friend they can dial up and have a conversation with.
JANNA: Absolutely. So I've been doing adoption work for about 15 years and joined this law firm, which already had profound adoption experience. We've been doing this for as long as anybody in Washington has seen. As a result, there's no situation we would be scared of or unable to handle. You know, I'm trying to think of, you know, I just received, yesterday, a request for a four-parent adoption; we've done plenty of three-parent adoptions; Washington's laws are permissive. There's no limit.
Many single families, same-sex couples, and second-parent adoptions, where same-sex couples, in particular, are confirming their parental rights, adult adoptions, family adoptions, and many step-parent adoptions, finalization of agency placements, both international and domestic.
Firstly, we help people start the process of an independent placement by searching for a birth parent. Secondly, we provide feedback about how to spend what is usually a finite amount of resources for people. Thirdly, they must devote themselves to getting the word out there by networking and finding a birth parent. It's not easy, and it's very doable, it is doable. It happens but takes effort, and you want to put your time, energy, and resources in the right direction. So we speak with people about that, we help give feedback on profiles and suggestions about what to do, where to look, and are ready then to jump in when a match is a potential match is out there.
I would encourage folks, as soon as the birth parent is willing, please have them talk to me, so we can figure out whether they will get set up with their attorney, the birth father's situation, and all of those preliminary questions. And remember that your adoption professional, whether it's Me or an agency or whatnot, we ask the hard questions, we ask the awkward questions, you be the good cop, and let us be the bad cop.
For instance, I say all the time this is not personal. I have to ask everybody. I know it's tacky; it's just my job. Like, is there any possibility that anybody else could be the dad? You know, I ask that I have all the cover I need. That's my job. You, the prospective adoptive parent, don’t need to be asking those questions. You be the good cop. That is your job. Let me be a bad cop.
AMANDA: That's awesome. Well, thank you for being willing to share your wealth of information and experience as an adoption attorney and an adoptive mama and as a resource for our community on adoption, law, and all things in Washington. I do highly encourage folks as you're watching and listening to this. If you have any questions about adoption law in Washington, please contact Janna. You'll always be able to find her contact information in the show notes below. But Janna, do you want to share a website address they can also direct to?
JANNA: I'm easy to find if you just Google my name, but our law firm is LKA-legal.com. But if you Google my name and adoption, you will find my website and email address. I'm never very far away from my email. And I'm pretty darn good about returning calls quickly. So I love talking with people at any adoption stage, whether they're just adoption period or, you know, well on their way.
AMANDA: Thank you again, Janna, for joining us today. We really appreciate you.
JANNA: Thank you for the work you're doing. I think it's really helpful and really important.
AMANDA: Thank you.
Well, friend, I hope you found a lot of value in today's conversation; whether you're adopting a baby through private adoption in the state of Washington or another state, several lessons are helpful no matter where you are.
The first is always to work with an adoption attorney, which is critical because an adoption attorney will know the ins and outs of the process in that particular state. The second is understanding the key decision points that happen throughout the adoption process by state. The first would be when consent can be signed, the revocation period, and how notifying a known or an unknown birth father comes into the equation.
Then, finally, Janna walks you through the entire process from start to finish so that you understand what happens if consents are revoked or if you need to add your new little one to your insurance policy as well. So this was a jam-packed episode, and I hope you go and check Janna out if you ever need an adoption attorney in Washington.
I trust you found this incredibly helpful for your adoption journey, whether you're adopting in Washington or another state. If you need help and the next step in your adoption journey, check out the links below, where you'll find links to Janna and courses that walk you through the adoption process from start to finish. Remember, anything's possible with the right plan and support, and I'm here for you every step of the way. I'll see you soon, friend
Disclaimer: The information contained herein is not to be considered legal advice. We are not attorneys. Should you wish to hire the attorney mentioned in this post, please contact them directly.
Hi, I Am Amanda
I am an adoption profile expert on a mission to teach you how to adopt and help you create and share your family's story more affordably!
