Providing proper notice to a biological parent is one of the most important procedural requirements in a Washington adoption proceeding involving a minor child. Service errors can create significant delays and may expose an adoption decree to future challenges. Whether you have regular contact with the biological parent or years have passed since the biological parent has had contact with the child, Washington courts require strict compliance with notice requirements before terminating parental rights.
Proper service protects the due-process rights of the biological parent while also helping to create a legally secure adoption and, therefore, stability for the child.
An adoption generally cannot proceed unless the biological parent’s rights have been addressed through a termination proceeding, by consent or otherwise. When the biological parent is cooperative, the process may be relatively straightforward. Formal service may be unnecessary if the biological parent signs a Consent to the Termination or Acceptance of Service. A valid waiver can significantly reduce costs and delays associated with formal service. RCW 26.33.310 expressly recognizes that notice requirements may be waived.
However, when the biological parent cannot be located, refuses to participate, or actively avoids service, the prospective adoptive parent must comply with Washington’s statutory notice requirements before the court can consider terminating parental rights. RCW 26.33.310 establishes the procedures for providing notice in termination proceedings associated with adoption cases.
Personal Service
Personal service is the preferred method of serving a biological parent, and must be attempted first.
RCW 26.33.310(2) provides that when personal service can be accomplished on a parent who has not consented to termination of their parental rights, the summons and notice of hearing on the termination petition must be served at least twenty days before the hearing if service occurs within Washington, or at least thirty days before the hearing if service occurs outside Washington.
If the biological parent is currently incarcerated, most, if not all, jail facilities have procedures to assist with personally serving inmates. This information is usually listed on the jail’s website, but if it is not clear, you can contact the facility for information on this process.
There are admittedly some challenges with serving a biological parent via personal service, especially if you haven’t had contact with them in many years. If the biological parent’s location is unknown or they are actively evading service, you may be eligible to proceed forward with an alternative method of service as outlined in the section below.
Service by Mail or Publication When the Parent Cannot Be Located
Please note that this is not an automatic process, and you must file a motion to have the Court decide whether you are able to move forward with an alternative method of service. Courts typically expect the prospective adoptive parent to demonstrate diligent efforts to locate the biological parent before relying on an alternative method of service, as alternative service is not as assured as serving someone in person, especially if you are not sure if the phone number, email address, or mailing address is the biological parent’s current information.
When personal service cannot be accomplished, RCW 26.33.310(3) provides a statutory alternative. The person looking to adopt must give notice:
- 1. By first-class and registered mail sent to the parent’s last known address at least thirty days before the hearing; and
- 2. By publication once a week for three consecutive weeks, with the first publication occurring at least thirty days before the hearing. Service by publication is generally considered a method of last resort, as it is the least reliable form of notice. Please note, publication must be made in the same county as the court action, regardless of where the other parent may or may not be located.
Demonstrating Due Diligence in Efforts to Serve the Biological Parent
Although there is no specific statutory language about what might constitute due diligence, depending on the circumstances, those efforts may include:
- Reviewing court records and prior family law case files;
- Contacting relatives, friends, or known associates;
- Searching social media platforms;
- Reviewing public records databases;
- Investigating employment information;
- Sending correspondence to last known mailing addresses, email addresses, or phone numbers;
- Searching known homeless shelters/camps;
- Using a professional skip-tracing service or process server; and
- Checking military status when appropriate.
The goal is to create a record showing that you pursued reasonable avenues for locating the biological parent before asking the court to authorize alternative service. You should maintain a written log documenting every attempt to locate the biological parent. The log should include:
- Dates of searches;
- Addresses/locations investigated;
- Individuals contacted;
- Mailings sent and returned;
- Online searches performed; and
- Information obtained from process servers.
All of this information should be included as part of the motion to request service by mail or publication.
Conclusion
Washington law provides several avenues for serving a biological parent in an adoption matter, including personal service, acceptance or waiver of service, and—when a parent cannot be located—service by mail or publication. The governing statute, RCW 26.33.310, should be consulted carefully because the timing and manner of service are critical to the validity of the proceeding.
For families pursuing an adoption, the inability to locate a biological parent does not necessarily prevent the adoption from moving forward. However, strict compliance with Washington’s notice requirements is essential. A thorough and well-documented diligent search can help ensure that the adoption proceeds efficiently and is less vulnerable to future legal challenges.
If the biological parent receives proper notice but fails to appear, and/or if the court finds that statutory grounds exist to terminate parental rights, the court may proceed with the adoption. After parental rights are terminated, the other parent no longer needs to be served with any court document and does not need to be notified of any court proceeding. This makes proper service a critical component of any contested adoption of a minor. Since service is such an important component of an adoption matter, I highly recommend you speak with an attorney before moving forward with an adoption. I have handled a number of adoptions in my career, and I’d be happy to speak with you about yours.
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Disclaimer
Every legal issue is very unique. Accordingly, the information in this blog is intended as general education material and not as legal advice. If you think you may have a legal issue, you should consult an attorney.