Revised Code of Washington
Chapter 26.33 - Adoption.
26.33.120 - Termination—Grounds—Failure to appear.

RCW 26.33.120
Termination—Grounds—Failure to appear.

(1) Except in the case of an Indian child and his or her parent, the parent-child relationship of a parent may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for his or her parental obligations and is withholding consent to adoption contrary to the best interest of the child.
(2) Except in the case of an Indian child and his or her *alleged father, the parent-child relationship of an *alleged father who appears and claims paternity may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that:
(a) The *alleged father has failed to perform parental duties under circumstances showing a substantial lack of regard for his parental obligations and is withholding consent to adoption contrary to the best interest of the child; or
(b) He is not the father.
(3) The parent-child relationship of a parent or an *alleged father may be terminated if the parent or *alleged father fails to appear after being notified of the hearing in the manner prescribed by RCW 26.33.310.
(4) The parent-child relationship of an Indian child and his or her parent or *alleged father where paternity has been claimed or established, may be terminated only pursuant to the standards set forth in 25 U.S.C. Sec. 1912(f).

[ 1987 c 170 § 6; 1984 c 155 § 12.]
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

Revised Code of Washington

Title 26 - Domestic Relations

Chapter 26.33 - Adoption.

26.33.010 - Intent.

26.33.020 - Definitions.

26.33.030 - Petitions—Place of filing—Consolidation of petitions and hearings.

26.33.040 - Petitions—Application of federal Indian child welfare act—Requirements—Federal servicemembers civil relief act statement and findings.

26.33.045 - Delay or denial of adoption on basis of race, color, or national origin prohibited—Consideration in placement—Exception—Training.

26.33.050 - Validity of consents, relinquishments, or orders of termination from other jurisdictions—Burden of proof.

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.

26.33.090 - Petition for relinquishment—Hearing—Temporary custody order—Notice—Order of relinquishment.

26.33.100 - Petition for termination—Who may file—Contents—Time.

26.33.110 - Petition for termination—Time and place of hearing—Notice of hearing and petition—Contents.

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.

26.33.230 - Notice of proceedings at which preplacement reports considered—Contents—Proof of service—Appearance—Waiver.

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.

26.33.320 - Adoption of hard to place children—Court's consideration of state's agreement with prospective adoptive parents.

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.

26.33.345 - Search for birth parent or adopted child—Limited release of information—Noncertified copies of original birth certificate—Contact preference form.

26.33.347 - Consent or refusal to release adoptee's identifying information—Desire to be contacted—Certified statement.

26.33.350 - Medical reports—Requirements.

26.33.360 - Petition by natural parent to set aside adoption—Costs—Time limit.

26.33.3701 - Permanent care and custody of a child—Assumption, relinquishment, or transfer except by court order or statute, when prohibited—Penalty.

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.