A Washington adoption begins with a Petition for Adoption, the court document a prospective parent files in a county Superior Court under Chapter 26.33 RCW to ask a judge to create a permanent legal parent-child relationship. Once a judge signs the Decree of Adoption, the child becomes your legal child for every purpose, including inheritance, custody, and a brand-new birth certificate.
Adoption is one of the few court actions people fight to win rather than survive, yet the paperwork still trips up thousands of families each year. Washington courts do not publish one single statewide adoption form set, so the documents and even the filing fees vary by county, which means a small filing error can stall a hearing for months. A missing consent, a blank Indian Child Welfare Act statement, or an unfiled preplacement report is enough for a clerk to reject your packet at the counter.
Here is what you will walk away knowing:
- ✅ Exactly what goes in each box of the Petition for Adoption and the consent forms
- 📋 Every document you must gather before you open the first form
- 👨👩👧 Three real-world filled-out examples for stepparent, foster-to-adopt, and relative adoptions
- 💵 What you pay, where you file, and how long the decree takes
- ⚠️ The field-level mistakes that get packets bounced and hearings delayed
What the Washington Adoption Petition Is and Who Must File It
A Petition for Adoption is the document that opens an adoption case in the Superior Court, which RCW 26.33.020 defines as the only court allowed to hear these cases. Under RCW 26.33.150, the petition must be filed by the prospective adoptive parent, and if that person is married, the spouse must join in the petition. The purpose is simple: it asks a judge to legally make a child (or, in adult adoptions, any person) your son or daughter.
Any person may be adopted regardless of age or residence, and any legally competent adult who is 18 or older may adopt, per RCW 26.33.140. That broad rule is why Washington allows stepparent adoptions, relative adoptions, foster-to-adopt cases through the Department of Children, Youth, and Families (DCYF), private agency infant adoptions, and even adult adoptions.
You file in the county where you live or where the child lives, as RCW 26.33.030 allows either choice. The petition does not stand alone. It travels with consents, a preplacement report (a home study), an Indian Child Welfare Act statement, and at the end, proposed Findings of Fact and a Decree of Adoption. If a child is placed with you before a preplacement report is filed, the court can refuse to move forward, because RCW 26.33.180 bars most placements until that report is on file.
The agency that receives the final paperwork is the Washington State Department of Health, which seals the old birth record and issues a new birth certificate after the decree, under RCW 70.58A.400. Miss a required attachment and the chain breaks, so the court never reaches the decree.
Before You Start: Documents and Information You Need
Gather everything below before you open the first form, because a single missing item can push your hearing back a full month. Adoption is a paperwork relay, and a clerk will not accept an incomplete baton.
- Child’s full legal name, gender, and date and place of birth. The petition requires this under RCW 26.33.150, and a wrong birthplace blocks the new birth certificate.
- Child’s current birth certificate. The judge and the Department of Health match the decree against it; without it, the new certificate stalls.
- Your full legal name and current address. These appear on the petition and the decree, and a mismatch with your ID can delay finalization.
- Marriage certificate (if you are married). Your spouse must join the petition under RCW 26.33.150, so the court confirms the marriage.
- Written consents or relinquishments from birth parents. Required under RCW 26.33.160; without them, you may need a separate termination case first.
- Preplacement report (home study). Required by RCW 26.33.190 and must include fingerprint-based background checks; an expired one can void your hearing.
- Indian Child Welfare Act information. Every petition must state whether the child is or may be an Indian child under RCW 26.33.040; leaving it blank stops the case cold.
- Filing fee or fee-waiver paperwork. Counties charge their own adoption filing fee, so confirm the amount and bring proof of income if you seek a reduction.
- Existing court orders. Any prior custody, parentage, or dependency orders for the child help the judge confirm who must consent.
- A photo ID for each petitioner. The clerk and the judge use it to confirm your identity at filing and at the hearing.
If any item is missing, do not file a partial packet hoping to fix it later. Marcus and Dana, a married couple adopting a relative’s child, lost six weeks because their preplacement report was filed without the required fingerprint check, and the court would not set a hearing until it was corrected.
Where to Get the Forms and How to Access Them
Washington does not standardize adoption forms statewide, so the Washington Courts forms page tells filers that adoption forms are often county-specific and points you to your local Superior Court. That means your first stop is the county Superior Court Clerk where you will file.
Many large counties publish full adoption packets online. King County, for example, hosts adoption packets with the Petition for Adoption, consent forms, written interrogatories, and proposed orders. Smaller counties such as Cowlitz publish guideline sheets that list each form you must complete and the exact filing fee.
You can get the forms three ways. First, download them from your county Superior Court’s website, which is free and current. Second, pick up a paper packet at the Clerk’s Office counter. Third, use a licensed adoption agency or attorney, who supplies the forms as part of their service.
Check the revision date printed on each form before you fill it in, because counties update packets regularly and the clerk will reject an outdated version. When a form references the Indian Child Welfare Act or the Servicemembers Civil Relief Act, confirm it matches the current language in RCW 26.33.040, since those statements are mandatory in every petition and decree.
Step-by-Step: How to Fill Out the Washington Petition for Adoption Line by Line
The Petition for Adoption is the spine of your case. Below, each major field gets its own walkthrough following the order it appears on a typical county petition. Where the form uses a specific label, that exact label is used here.
Caption: Court, County, and Cause Number
The caption asks which Superior Court hears your case, the county name, and a cause number assigned at filing. You write the county where you live or where the child lives, leave the cause number blank for the clerk to assign, and title the document Petition for Adoption. For example, Maria Lopez writing a King County case enters Superior Court of Washington, County of King and leaves the Cause No. line empty.
If you live in one county but the child lives in another, RCW 26.33.030 lets you pick either, so choose the one that is easiest for you to attend hearings. A common mistake is naming a District or Municipal Court, which has no power to hear adoptions, and the clerk will reject the filing outright. Many filers wrongly believe they must file where the child was born; the statute keys off residence, not birthplace.
Field 1: Petitioner Name and Address
This field asks for the full legal name and current mailing address of the person adopting. Write your name exactly as it appears on your photo ID, in plain text, with your full residential or mailing address below it. Maria Lopez enters Maria Elena Lopez, 1420 Pine Street, Apt 3, Seattle, WA 98101.
If you are married, your spouse must be named as a co-petitioner and must join the petition, because RCW 26.33.150 requires a married petitioner’s spouse to join. If you use a P.O. Box, add a physical address too, since the court may need to verify residency for jurisdiction. A common mistake is listing a nickname or maiden name that does not match your ID, which forces the judge to question your identity at the hearing. Many people think only one spouse needs to sign in a stepparent case, but the law still requires the joining spouse to be named.
Field 2: Adoptee Name, Gender, and Date and Place of Birth
This field asks for the child’s current full legal name, gender, and the date and place of birth if known, exactly as RCW 26.33.150 lists. Copy these details straight from the child’s birth certificate, using MM/DD/YYYY format for the date. Maria Lopez enters Sofia Marie Lopez, female, 03/14/2018, Tacoma, WA.
If the child’s birthplace is unknown, as can happen in some international or older cases, write unknown, because the statute allows it. A common mistake is entering the child’s new desired name here instead of the current legal name, which confuses the record; the new name goes in the decree, not this field. Many filers believe the child’s name automatically changes when they file, but the name changes only when the judge signs the decree under RCW 26.33.250.
Field 3: Indian Child Welfare Act Statement
This field asks you to state whether the child is or may be an Indian child covered by the Indian Child Welfare Act, a statement RCW 26.33.040 requires in every petition. You check or write the box that applies, and if the child is or may be an Indian child, you must give notice to the tribe and the parent. Marcus and Dana check the child is not an Indian child after confirming no tribal heritage, while another filer who learns of Cherokee ancestry must check the child may be an Indian child and mail notice to the tribe.
If you are unsure, ask the birth parents and check may be, because a false “no” can later void the adoption. A common mistake is leaving this blank to avoid the extra steps, which freezes the case since the judge cannot enter a decree without an ICWA finding. Many filers think ICWA only applies to children living on a reservation, but it applies to any child who is a member or eligible for membership in a federally recognized tribe.
Field 4: Custody and Person or Agency Holding the Child
This field asks for the name and address of the department, agency, legal guardian, or person who currently has custody of the child, as listed in RCW 26.33.150. You write who physically and legally holds the child right now. In a foster-to-adopt case, Janet and Paul enter Washington State Department of Children, Youth, and Families with the local DCYF office address.
In a stepparent case, the custodian is usually the petitioner’s spouse, the child’s existing parent. A common mistake is leaving this blank in agency cases, which prevents the court from confirming the agency’s consent under RCW 26.33.170. Many people assume custody and consent are the same thing, but the custodian and the consenting parents can be different parties, and both must be addressed.
Field 5: Statement That Consents Are Attached
This field confirms that the written consent of every person, agency, or department whose consent is required has been signed and filed with the petition, as RCW 26.33.150 directs. You attach each signed consent and reference it here. Maria Lopez, a stepparent, attaches the consent of the child’s other birth parent and references it as an exhibit.
If a required consent cannot be obtained, you may need a separate Petition for Termination under RCW 26.33.100 before the adoption can proceed. A common mistake is filing the petition before the consents are signed, which leaves the case unable to advance to a decree. Many filers believe a verbal “okay” from a birth parent counts, but consent must be in writing, signed under penalty of perjury, and witnessed.
Field 6: Preplacement Report Reference
This field confirms that a preplacement report prepared under RCW 26.33.190 is on file, or is filed with the petition if it was not filed earlier. You note the report’s filing date or attach it now. Janet and Paul reference their DCYF home study completed three months earlier and attach the certificate signed by the social worker.
If no preplacement report exists, the placement itself may be improper under RCW 26.33.180, except for the narrow exceptions in RCW 26.33.220 such as some stepparent and relative cases. A common mistake is filing a report missing the required fingerprint-based national background check, which the statute mandates and the judge will reject. Many filers think a report from another adoption can be reused indefinitely, but courts expect a current study reflecting today’s home.
Field 7: Servicemembers Civil Relief Act Statement
This field asks whether the federal Servicemembers Civil Relief Act applies, a statement RCW 26.33.040 requires in every petition and decree. You state whether any party is on active military duty. Maria Lopez writes that the Act does not apply because the consenting birth parent is a civilian.
If a nonconsenting birth parent is an active-duty servicemember, the Act gives them protections that can pause the case, so you must disclose it. A common mistake is ignoring this line as boilerplate, but a missing finding lets a later challenge unwind the decree. Many filers assume this only matters if the adopting parent serves, when it actually protects any party who is a servicemember.
Field 8: Petitioner Signature Under Penalty of Perjury
This field is the signature block, and RCW 26.33.150 requires the petition to be signed under penalty of perjury by the petitioner, with a married petitioner’s spouse joining. You sign your full legal name, date it, and have your spouse sign if married. Marcus and Dana both sign, since they are a married couple jointly adopting.
If only one spouse signs in a joint petition, the court cannot proceed, because the joining requirement is mandatory. A common mistake is signing before all attachments are ready, then having to refile a corrected, re-signed petition. Many filers think a notary is always required, but signing “under penalty of perjury” under Washington law often substitutes for notarization on court forms; confirm your county’s rule before filing.
How to Fill Out the Consent to Adoption Form Line by Line
The Consent to Adoption is the most heavily regulated document in the packet because it permanently ends a birth parent’s rights. RCW 26.33.160 controls every part of it.
Consent Field A: Identity of the Consenting Party
This field asks who is giving consent, which RCW 26.33.160 says may be a birth parent, an alleged genetic parent, an agency, the department, a legal guardian, or the adoptee if 14 or older. The consenting person writes their full legal name and relationship to the child. David Reyes, Sofia’s other birth parent, writes David Reyes, birth father.
If the adoptee is 14 or older, the child must also sign a consent, because RCW 26.33.160 requires it. A common mistake is forgetting the teen’s own consent, which blocks the adoption of an older child. Many people assume a grandparent or stepparent can consent for the child, but only the listed parties may give legal consent.
Consent Field B: Required Statutory Statements
This field requires the consent to state, under penalty of perjury, that it is given subject to court approval, has no force until approved, discloses Native American or Alaska Native ancestry, and will not be presented to the court until 48 hours after signing or 48 hours after birth, whichever is later. The consenting party reads and adopts each statement. David Reyes confirms he is not of Native American or Alaska Native ancestry and that he signs subject to court approval.
If the child is an Indian child, no consent is valid unless signed more than 10 days after birth and recorded before a court, per RCW 26.33.160. A common mistake is signing a consent for a newborn within the first 48 hours, which the statute voids. Many birth parents believe consent is final the moment they sign, but it remains revocable until a judge approves it.
Consent Field C: Revocation Rights and the Mandatory Warning
This field requires the consent to spell out how it can be revoked and to include the statutory warning that the parent’s rights will be permanently terminated. The consenting party reads the warning that begins with understanding the decision is “an extremely important one.” David Reyes reads and signs below that warning, acknowledging the permanent loss of parental rights.
After court approval, consent generally cannot be revoked except for fraud, duress, or lack of mental competency, and never more than one year after approval, under RCW 26.33.160. A common mistake is skipping the required warning language, which can make the consent invalid. Many parents think they have weeks to change their mind after court approval, but the window is far narrower.
Consent Field D: Witness Identification
This field requires a witness to the parent’s or alleged genetic parent’s consent, who must be at least 18 and chosen by the consenting party, with the witness’s name, address, and relationship listed. The witness watches the signing and completes their details. David Reyes lists Carla Nguyen, friend, 88 Maple Ave, Tacoma, WA as his witness.
If no qualified witness signs, the consent fails the statutory test and the judge will not approve it. A common mistake is using a witness under 18 or one chosen by the adoptive parent rather than the birth parent. Many filers think a notary alone satisfies this, but the statute specifically requires a witness selected by the consenting parent.
Three Filled-Out Examples Using Real Scenarios
Below are three of the most common Washington adoption paths, each followed through the petition from start to finish. All entries are sample answers and appear in italics.
Scenario 1 — Stepparent adoption: Maria adopts her husband’s daughter. Maria has raised Sofia for years, and Sofia’s other birth parent, David, agrees to consent.
| Form Section | What Maria Enters |
|---|---|
| Court and County | Superior Court of Washington, County of King |
| Petitioner name and address | Maria Elena Lopez, 1420 Pine Street, Apt 3, Seattle, WA 98101 |
| Spouse joining | Yes, joined by spouse and child’s parent, Luis Lopez |
| Adoptee details | Sofia Marie Lopez, female, 03/14/2018, Tacoma, WA |
| ICWA statement | Child is not an Indian child |
| Custody | Birth parent Luis Lopez has custody |
| Consents attached | Written consent of birth father David Reyes attached |
| Preplacement report | Waived/limited per RCW 26.33.220 stepparent exception |
| SCRA statement | Does not apply |
| Signature | Signed by Maria and Luis Lopez under penalty of perjury |
Scenario 2 — Foster-to-adopt through DCYF: Janet and Paul adopt their foster child. The child was placed by the state, and DCYF holds legal custody after a dependency case.
| Form Section | What Janet and Paul Enter |
|---|---|
| Court and County | Superior Court of Washington, County of Pierce |
| Petitioner names and address | Janet R. Carter and Paul T. Carter, 905 Birch Lane, Tacoma, WA 98404 |
| Adoptee details | Ethan James (DCYF), male, 06/02/2020, Tacoma, WA |
| ICWA statement | Child is not an Indian child (tribal inquiry completed) |
| Custody | Washington State Department of Children, Youth, and Families |
| Consents attached | Written consent of DCYF attached |
| Preplacement report | DCYF home study filed, fingerprint background check completed |
| SCRA statement | Does not apply |
| New name requested | Ethan James Carter |
| Signature | Signed by Janet and Paul Carter under penalty of perjury |
Scenario 3 — Relative (kinship) adoption: Marcus and Dana adopt a niece. The birth parents have signed relinquishments, and the child has lived with the couple for over a year.
| Form Section | What Marcus and Dana Enter |
|---|---|
| Court and County | Superior Court of Washington, County of Spokane |
| Petitioner names and address | Marcus A. Bell and Dana L. Bell, 312 Cedar Court, Spokane, WA 99201 |
| Adoptee details | Lily Grace Bell, female, 11/20/2019, Spokane, WA |
| ICWA statement | Child may be an Indian child; tribal notice sent |
| Custody | Petitioners Marcus and Dana Bell |
| Consents attached | Relinquishments and consents of both birth parents attached |
| Preplacement report | Relative home study filed with fingerprint background check |
| SCRA statement | Does not apply |
| New name requested | Lily Grace Bell |
| Signature | Signed by Marcus and Dana Bell under penalty of perjury |
How to File the Completed Forms
You file your adoption packet in the Superior Court Clerk’s Office of the county where you live or where the child lives, as RCW 26.33.030 allows. There are several channels, and each county sets its own details.
In person. Bring the original signed petition, consents, preplacement report, and proposed orders to the Clerk’s counter. In King County, you file at the King County Superior Court Clerk at the Seattle courthouse, 516 Third Avenue, or the Maleng Regional Justice Center, 401 Fourth Avenue North, Kent. Keep your file-stamped copies as proof of filing.
By mail. Many counties accept mailed packets with the filing fee enclosed; mail to the same Clerk’s address and include a self-addressed stamped envelope for your conformed copies.
Electronically. Counties such as King County and Snohomish County offer e-filing portals so you can file without visiting the courthouse, and Snohomish accepts payment through its online court payment portal. Save the electronic confirmation as your proof of filing.
The fee varies widely by county. The statewide adoption filing fee schedule lists a base adoption filing fee, while counties such as Chelan and Cowlitz charge $310, and a 2025 law, HB 1207, sets a $200 initial civil filing fee on top of other required fees. Counties accept cash, card, or check depending on the channel, and processing to a hearing date generally takes several weeks. If you cannot afford the fee, you can ask for a fee waiver, and King County reduces the fee to $10, $5, or $0 based on income and public assistance.
What Happens After You File
After filing, the court sets a hearing, which under RCW 26.33.090 cannot happen sooner than 48 hours after the child’s birth or the signing of all consents, whichever is later. For an Indian child, the wait is at least 10 days. At the hearing, the judge reviews the petition, the consents, and the preplacement report.
If the judge finds the adoption is in the child’s best interest and all consents and ICWA requirements are satisfied, the court signs the Decree of Adoption. That decree, under RCW 26.33.250, sets the child’s new name and determines the place and date of birth for the new record. From that moment, you and the child are legal parent and child for all purposes.
The Clerk then transmits a certified copy of the decree, an application to register the adoption, and an adoption data card to the Washington State Department of Health under RCW 70.58A.400. The state seals the original birth record and issues a new birth certificate showing you as the parent and the child’s new name. The sealed original is not open to public inspection and may be released only under RCW 26.33.345.
Mistakes to Avoid When Filling Out the Forms
Each error below has stopped real cases. Avoid them and your hearing stays on track.
- Filing in the wrong court. Adoptions only belong in Superior Court, so a District Court filing is rejected at the counter.
- Leaving the ICWA statement blank. The judge cannot enter a decree without an Indian Child Welfare Act finding, so the case freezes.
- Filing without the preplacement report. Without the home study on file, the placement is improper and no hearing is set.
- Using a home study missing the fingerprint check. The national background check is mandatory, so an incomplete report is rejected.
- One spouse signing a joint petition. A married petitioner’s spouse must join, so a single signature voids the filing.
- Signing a newborn consent within 48 hours. Consent signed too early is invalid, so the adoption cannot proceed.
- Using a witness under 18. The consent witness must be an adult chosen by the birth parent, or the consent fails.
- Entering the child’s new name in the adoptee field. The current legal name belongs there, so the wrong name confuses the record.
- Skipping the Servicemembers Civil Relief Act statement. A missing finding lets a later challenge unravel the decree.
- Relying on verbal consent. Only written, witnessed, perjury-signed consent counts, so a spoken “yes” is worthless in court.
- Forgetting the teen’s own consent. A child 14 or older must consent, so omitting it blocks the adoption.
- Filing an outdated county form. Counties update packets, so an old version is rejected at intake.
Do’s and Don’ts
These quick rules keep your packet clean and your hearing on schedule.
Do’s
- Do download the current form from your county Superior Court, because outdated versions get rejected.
- Do copy the child’s details exactly from the birth certificate, since the new certificate depends on a match.
- Do answer the ICWA question honestly, because a false “no” can void the adoption later.
- Do confirm all consents are signed and witnessed before filing, so the case can reach a decree.
- Do keep file-stamped copies of everything, because they are your proof of filing.
- Do ask for a fee waiver if money is tight, since courts can reduce or waive the cost.
Don’ts
- Don’t file in District or Municipal Court, because only Superior Court can hear adoptions.
- Don’t sign consents before the statutory waiting period, since early signatures are invalid.
- Don’t reuse an old preplacement report without checking it is current, because stale reports get rejected.
- Don’t leave any statutory statement blank, since missing findings stall the decree.
- Don’t assume one spouse can sign alone, because the law requires the spouse to join.
- Don’t disclose sealed adoption information, since RCW 26.33.060 keeps these hearings confidential.
Pros and Cons of Filing on Your Own vs. With Help
Many Washington adoptions, especially stepparent and relative cases, can be filed pro se, but agency and contested cases often need professional help. Weigh the trade-offs below.
| Filing on Your Own | Filing With an Attorney or Agency |
|---|---|
| Saves money, since you avoid legal fees, which matters in simple stepparent cases | Costs more, but the fee buys expertise that prevents costly errors |
| Gives you full control over timing and paperwork | Hands off the paperwork, which reduces your stress during an emotional process |
| Works well when consents are clear and uncontested | Essential when a birth parent contests or refuses to consent |
| Forces you to learn the statute, which builds confidence | Provides a preplacement report through a licensed agency, satisfying RCW 26.33.190 |
| Avoids waiting on a busy professional’s schedule | Catches ICWA and SCRA issues that can void a do-it-yourself decree |
The right choice depends on your facts. A clean stepparent adoption with a consenting other parent is the classic do-it-yourself case, while a foster-to-adopt case through DCYF or any case with a missing birth parent calls for professional guidance.
FAQs
Do I file my adoption in Superior Court?
Yes. Washington adoptions are heard only in the Superior Court of the county where you live or where the child lives, under RCW 26.33.030. No other court can grant an adoption.
Do I have to file a preplacement report with my petition?
Yes. Unless an exception applies, the preplacement report must be filed with the petition under RCW 26.33.150, and a child cannot be placed before that report exists under RCW 26.33.180.
Do stepparents need a full home study in Washington?
No. Many stepparent and relative adoptions qualify for an exception under RCW 26.33.220, so a full preplacement report may not be required, but confirm with your county court first.
Do I write the child’s new name in the adoptee box?
No. You enter the child’s current legal name in the adoptee field, because the new name is set only when the judge signs the decree under RCW 26.33.250.
Do I check the ICWA box even if I think the child is not Native American?
Yes. Every petition must state whether the child is or may be an Indian child under RCW 26.33.040, so you must answer the question rather than leave it blank.
Do both spouses have to sign the petition?
Yes. If the petitioner is married, the spouse must join the petition under RCW 26.33.150, so a single signature on a joint petition is not enough.
Do I need a witness for a consent form?
Yes. A birth parent’s consent requires a witness at least 18 years old, chosen by the parent, whose name and address appear on the consent, under RCW 26.33.160.
Do I list the agency in the custody box for a foster adoption?
Yes. You enter the Department of Children, Youth, and Families as the custodian in a foster-to-adopt case, because DCYF holds legal custody and must consent under RCW 26.33.170.
Do I have to pay a filing fee?
Yes. Counties charge an adoption filing fee that varies by county, and a 2025 law adds a $200 initial civil filing fee, though you can request a fee waiver if you cannot afford it.
Do birth parents have time to change their minds?
Yes. Consent is revocable any time before a judge approves it, but after approval it can be revoked only for fraud, duress, or incompetency, and never more than one year later, under RCW 26.33.160.
Do I get a new birth certificate after the adoption?
Yes. After the decree, the Department of Health seals the old record and issues a new birth certificate showing you as parent, under RCW 70.58A.400.
Do I have to give notice to a tribe?
Yes. If the child is or may be an Indian child, you must give the tribe and parent notice by certified mail under RCW 26.33.040, and no hearing happens until at least 10 days after that notice.
Do adoption hearings stay private?
Yes. Adoption hearings exclude the general public and the records are confidential under RCW 26.33.060, so only people with a direct interest may attend.
Do I need a separate case if a birth parent will not consent?
Yes. If a required consent cannot be obtained, you may need a Petition for Termination of the parent-child relationship under RCW 26.33.100 before the adoption can proceed.
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