Legal Question in Family Law in Washington
Adult step-child adoption
My husband would like to legally adopt our 21-year-old daughter. (He has been her father since she was three years old.) Our daughter's biological father has not seen her since she was seven months old. He has never spoken to her; they have no relationship. He did pay child support until she turned 18, however. Our daughter wants to be adopted by her step-father. Do we need the biological father's consent? What procedures should be followed? What forms should we use? Thank you!
1 Answer from Attorneys
Re: Adult step-child adoption
Adoption statutes are in RCW 26.33 at http://www.leg.wa.gov/pub/rcw/title_26/chapter_033/
RCW 26.33.160(1)(a) and (b) http://www.leg.wa.gov/pub/rcw/title_26/chapter_033/rcw_26_33_160.txt says that consent is required of the parent of an "an adoptee under eighteen years of age."
It thus appears the father's consent is not necessary. However, I would argue on the father's behalf that he has a legally cognizable interest in the continuation of the relationship.
However, the statute would allow step-dad to adopt without dad's consent.
Gary Preble
Olympia
Gary Preble
Preble Law Firm
2120 State Avenue NE
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