Legal Question in Family Law in Washington

Adoption of a 17 year old

My husband and I have been together for 13 years & married for 11. He brought to our marriage 3 sons that he has custody of & I brought 1 daughter that I had custody of which he adopted in 1994. My oldest stepson, who is 17, recently came to us and asked if I would adopt him.The relationship with his mom has been ambiguous at best.

**She would take a visitation every other year and only if we would provide the transportation to her house in (we live in the Tacoma area)

**She would call them twice a year (April & November)

**She has paid in a total of $300 in child support since 1990.

She recently (April) moved closer to us & she has started having visitation approx. every 6 weeks. He wants nothing to do with her or her family (partner and 3 new kids)& hasn't for 3 years. He has told her this in words and actions. I truly believe that she won�t give me permission to adopt him. She has made it a point over the years to let me know that I would never adopt her sons. �She spent hours in labor and deserved to be their mom and nobody was going to take that away from her.�

My question is if I try to adopt him now and she won�t give me permission do I have any recourse?


Asked on 7/13/02, 4:14 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Adoption of a 17 year old

You have 2 options, adopt before 18 or after 18. (And of course, after 18, does he still need to be adopted? His strong feelings of antipathy toward his mother may be better--for his own emotional health and maturity--resolved in other ways.)

Assuming you still want to adopt and mom doesn't consent, before 18 would cost more money. You would have to go to court to have her lack of consent rendered unnecessary.

After 18, her consent is not required.

RCW 26.33.140 Who may adopt or be adopted. (1) Any person may be adopted, regardless of his or her age or residence.

RCW 26.33.160 Consent to adoption -- When revocable -- Procedure. (1) Except as otherwise provided in RCW 26.33.170, consent to an adoption shall be required of the following if applicable: (a) The adoptee, if fourteen years of age or older; (b) The parents and any alleged father of an adoptee under eighteen years of age;

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Answered on 7/13/02, 5:02 pm


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