RCW 26.33.090
Petition for relinquishment—Hearing—Temporary custody order—Notice—Order of relinquishment.
(1) The court shall set a time and place for a hearing on the petition for relinquishment. The hearing may not be held sooner than forty-eight hours after the child's birth or the signing of all necessary consents to adoption, whichever is later. However, if the child is an Indian child, the hearing shall not be held sooner than ten days after the child's birth, and no consent shall be valid unless signed at least ten days after the child's birth and recorded before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a). Except where the child is an Indian child, the court may enter a temporary order giving custody of the child to the prospective adoptive parent, if a preplacement report has been filed, or to the department or agency to whom the child will be relinquished pending the court's hearing on the petition. If the child is an Indian child, the court may enter a temporary custody order under this subsection only if the requirements of 25 U.S.C. Sec. 1913(a) regarding voluntary foster care placement have been satisfied.
(2) Notice of the hearing shall be served on any relinquishing parent or *alleged father, and the department or agency in the manner prescribed by RCW 26.33.310. If the child is an Indian child, notice of the hearing shall also be served on the child's tribe in the manner prescribed by RCW 26.33.310.
(3) The court may require the parent to appear personally and enter his or her consent to adoption on the record. However, if the child is an Indian child, the court shall require the consenting parent to appear personally before a court of competent jurisdiction to enter on the record his or her consent to the relinquishment or adoption. The court shall determine that any written consent has been validly executed, and if the child is an Indian child, such court shall further certify that the requirements of 25 U.S.C. Sec. 1913(a) have been satisfied. If the court determines it is in the best interests of the child, the court shall approve the petition for relinquishment.
(4) If the court approves the petition, it shall award custody of the child to the department, agency, or prospective adoptive parent, who shall be appointed legal guardian. The legal guardian shall be financially responsible for support of the child until further order of the court. The court shall also enter an order pursuant to RCW 26.33.130 terminating the parent-child relationship of the parent and the child.
(5) An order of relinquishment to an agency or the department shall include an order authorizing the agency to place the child with a prospective adoptive parent.
[ 1987 c 170 § 4; 1985 c 421 § 2; 1984 c 155 § 9.]
NOTES:
*Reviser's note: RCW 26.33.020 was amended by 2019 c 46 § 5034, changing the definition of "alleged father" to "alleged genetic parent."
Severability—1987 c 170: See note following RCW 13.04.030.
Structure Revised Code of Washington
26.33.030 - Petitions—Place of filing—Consolidation of petitions and hearings.
26.33.060 - Hearings—Procedure—Witnesses.
26.33.070 - Appointment of guardian ad litem—When required—Payment of fees.
26.33.080 - Petition for relinquishment—Filing—Written consent required.
26.33.100 - Petition for termination—Who may file—Contents—Time.
26.33.120 - Termination—Grounds—Failure to appear.
26.33.130 - Termination order—Effect.
26.33.140 - Who may adopt or be adopted.
26.33.150 - Petition for adoption—Filing—Contents—Preplacement report required.
26.33.160 - Consent to adoption—When revocable—Procedure.
26.33.170 - Consent to adoption—When not required.
26.33.180 - Preplacement report required before placement with adoptive parents—Exception.
26.33.190 - Preplacement report—Requirements—Fees.
26.33.200 - Post-placement report—Requirements—Exception—Fees.
26.33.210 - Preplacement or post-placement report—Department or agency may make report.
26.33.220 - Preplacement and post-placement reports—When not required.
26.33.240 - Petition for adoption—Hearing—Notice—Disposition.
26.33.250 - Decree of adoption—Determination of place and date of birth.
26.33.260 - Decree of adoption—Effect—Accelerated appeal—Limited grounds to challenge—Intent.
26.33.270 - Decree of adoption—Protection of certain rights and benefits.
26.33.280 - Decree of adoption—Transmittal to state registrar of vital statistics.
26.33.290 - Decree of adoption—Duties of state registrar of vital statistics.
26.33.295 - Open adoption agreements—Agreed orders—Enforcement.
26.33.300 - Adoption statistical data.
26.33.310 - Notice—Requirements—Waiver.
26.33.330 - Records sealed—Inspection—Fee.
26.33.340 - Department, agency, and court files confidential—Limited disclosure of information.
26.33.343 - Search for birth parent or adopted child—Confidential intermediary.
26.33.350 - Medical reports—Requirements.
26.33.360 - Petition by natural parent to set aside adoption—Costs—Time limit.
26.33.380 - Family and social history report required—Identity of birth parents confidential.
26.33.385 - Standards for locating records and information—Rules.
26.33.390 - Information on adoption-related services.
26.33.4001 - Advertisements—Prohibitions—Exceptions—Application of consumer protection act.
26.33.420 - Postadoption contact between siblings—Intent—Findings.
26.33.430 - Postadoption contact between siblings—Duty of court.
26.33.900 - Effective date—Application—1984 c 155.
26.33.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
26.33.903 - Construction—Religious or nonprofit organizations.