What Is a Second Parent Adoption and Why Do You Need One?

Second Parent Adoption in Washington Overview

Which parent has to “adopt” the child?

What does a Second Parent Adoption look like, and what is the timeline to complete one?

Completing a Second Parent Adoption is a fairly straightforward process, although it may take several weeks from the point you file the initial Petition and accompanying paperwork to obtaining the Decree of Adoption. The documents you will need to make sure you have on hand when you start the process are a copy of the donation contract, birth certificates (yours, other parent’s, and child’s), and marriage certificate (if applicable). In most adoptions, a termination of the second biological parent’s rights needs to happen, but in Second Parenting Adoptions there is no second biological parent and so there is no termination needed. That being said, a copy of the donation contract will need to be filed with the initial Petition. There are a few initial pleadings you need to complete and file to start the Second Parent Adoption. They can vary from county to county, but generally include the following:

1. Confidential Information Form
2. Petition for Adoption (with the donation contract attached)
3. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit

Filing these documents at the Superior Court Clerk’s Office will start the Second Parent Adoption matter. The next step is to move forward with obtaining a Pre-Post Placement Report. A Pre-Post Placement Report is a report completed by a third-party professional, such as a social worker, ideally recommending that the adoption take place. You will need to research options and confirm availability with a Pre-Post Placement Reporter willing to complete the report for you. You will then fill out a Motion, Declaration, and Order Directing Filing of a Pre-Post Placement Report and follow the process necessary for a Judge to sign it and enter into your Second Parent Adoption matter. In Clark County, Washington, that would involve taking it to Clark County Superior Court and having the assigned Judge review and sign it, before entering it.

Once the Motion, Declaration and Order Directing Filing of a Pre-Post Placement Report is signed and entered by the Judge, you can move forward with the Pre-Post Placement Report process. You will need to provide a copy of the birth certificates and marriage certificate (if applicable) to the Pre-Post Placement Reporter. Going through the Pre-Post Placement Report interview, background checks, reference checks, and home visit (if any) may take a few weeks, and then it generally takes the Pre-Post Placement Reporter another few weeks to complete the report. I usually estimate between 4 and 8 weeks for the whole Pre-Post Placement Report process. Once you obtain, review, and approve the Pre-Post Placement Report, you need to file it in your Second Parent Adoption matter.

Since a Second Parent Adoption essentially just reaffirming your status as parent, judges will sometimes be willing to waive the requirement to get a Pre-Post Placement Report. If you would like to try to skip the Pre-Post Placement step, take a Motion, Declaration and Order Waiving Filing of a Pre-Post Placement Report to court for the Judge to sign off on. If the Judge grants this request, you can move on to the step below without completing the Pre-Post Placement Report.

You can then file a Notice of Hearing to set the adoption hearing date. In Clark County, Washington, adoption hearings take place on Friday afternoons at 2:30 pm. You will need to bring the following orders with you to the hearing filled out and ready for the Judge to review:

1. Findings of Fact and Conclusions of Law
2. Decree of Adoption

The adoption hearing is closed to the public, so it will only be you, people you invite, the Judge, and the clerk in the courtroom with you for your hearing. Both parents need to attend, but the child is not required to attend (unless the child is over the age of 14, then the child needs to sign a consent and attend the hearing). The Judge will ask you questions to ensure you understand the process and consequences, before (ideally) signing the final orders. Hearings usually take no longer than 20 minutes. You will need to then obtain certified copies of the Decree of Adoption from the Superior Court Clerk’s Office – you may have to go back to the courthouse on the next business day to do this. I usually recommend that people obtain at least four certified copies of the Decree of Adoption so they have one to provide to the Department of Health and to keep extra copies for themselves. Again, adoptions in general are sealed cases, so you as the parties only have access to the documents filed in the case up to 30 days after entry of the Decree of Adoption without having to also obtain a court order signed by the Judge granting you access.

The last two documents you have to fill out are the Adoption Registration Form and Adoption Data Card. There are instructions on the Adoption Registration Form for where it has to be turned in. Please note that at the end of the Adoption Data Card there is a small section that needs to be filled out by a courthouse employee. In Clark County, Washington, the courthouse employee filling out and taking the Adoption Data Card from you is the Court Facilitator. If you aren’t sure who you should take the Adoption Data Card to, ask the Superior Court Clerk’s Office and they should be able to point you in the right direction.

How much does a Second Parent Adoption cost?

A Second Parent Adoption includes a number of hard costs, even if you decide to complete it on your own. In general, there is a filing fee at the courthouse to start the Second Parent Adoption matter. The filing fee can usually range from $200 to $400 depending on which county you file in (for example, the filing fee for a Second Parent Adoption in Clark County, Washington, is $260.00). The Pre-Post Placement Report recommending the adoption take place is approximately $1,000.00, depending on who you hire to complete it, and how many children are involved. As mentioned above, you should obtain at least a few copies of the Decree of Adoption, and those generally cost about $10.00 per certified copy.

Washington State has mandatory forms for almost all family law matters you might find yourself in except for a select few – including adoptions. If you are wanting to complete the adoption on your own, keep in mind there are no statewide forms for adoptions. However, you can purchase the adoption packet from King County, Washington (even if you are not planning on filing in that county). 

How Can an Washington Family Law Attorney Help?