Adoption law in Washington offers clear procedures for consent and revocation, but when one party changes their mind after formal steps have been completed, the process can become deeply stressful for all involved. Whether you’re a prospective adoptive parent or a birth parent, it’s critical to understand what the law allows and what it does not.
Christina T. Sherman, PLLC has helped countless families across Washington work through sensitive legal issues related to adoption. One of the most emotionally charged situations she handles involves a birth parent attempting to contest an adoption after giving consent.
How Consent Works Under Washington Adoption Law
In Washington, a birth parent must give written consent before a child can be adopted. This consent must be given voluntarily, in writing, and in front of a judge or an authorized witness such as a notary. Consent can’t be obtained until at least 48 hours after the birth of the child. These safeguards exist to give birth parents time to think through their decision.
Under Washington’s adoption law, once consent is signed and delivered to the court, it becomes legally binding unless it was obtained through fraud or duress. Our attorney frequently advises clients on the importance of this document—it’s not just a form, it’s a declaration that sets the entire adoption in motion.
When Can a Birth Parent Revoke Consent?
There are limited windows when a birth parent can revoke consent. If consent hasn’t yet been filed with the court, it can generally be withdrawn.
Once filed, revocation becomes much harder. Washington adoption law allows revocation only under certain circumstances, such as if the court finds that consent was given under fraud or coercion, or if both the adoptive parents and the birth parent agree to the revocation.
The law doesn’t allow for revocation just because the birth parent changed their mind. This is where many contested adoptions begin. A parent may later feel regret or pressure from others and try to undo what’s already been finalized. But adoption law puts the child’s best interest at the center of any decision, not the emotional state of the parent at a later date.
The Court’s Priority
Once consent is given under adoption law and the adoption has proceeded far enough for the child to be placed in the adoptive home, the court’s main concern shifts to the child’s well-being. Washington courts weigh the child’s need for permanence, stability, and emotional development more heavily than the biological connection alone.
If a birth parent contests an adoption after consent and the child has already bonded with the adoptive family, the court is unlikely to favor undoing the placement. In fact, Washington adoption law strongly favors the finality of adoptions once proper consent has been given and accepted by the court.
Legal Grounds to Challenge Consent
To successfully challenge an adoption after consent under adoption law, a birth parent must show that their consent was invalid. This can occur under very specific conditions. Washington law allows a contest to proceed if:
The consent was obtained through fraud or misrepresentation
The parent lacked mental capacity at the time of signing
The consent wasn’t executed in accordance with state requirements
Duress or coercion by family, agency, or adoptive parents occurred
These grounds are narrow and hard to prove. Judges are cautious about opening the door to reversing adoptions because of the disruption it causes to the child and all parties involved.
Key Factors That Influence Contested Adoptions in Washington
Here are some factors that can influence contested adoptions:
Whether the consent form was properly executed according to RCW 26.33
If the birth parent presents credible evidence of fraud, coercion, or lack of capacity
Whether the adoptive parents oppose revocation
How long the child has been placed with the adoptive family
Evidence of bonding between the child and the adoptive parents
Whether any third party encouraged or manipulated the birth parent
The timing of the contest—whether the petition was filed before the final decree
Whether the adoptive parents have already been granted legal custody
The overall best interests of the child as assessed by the court
Prior history of parental unfitness or abandonment by the birth parent
What Happens if the Contest Is Filed Before Finalization?
If a birth parent files a petition to revoke consent before the adoption is finalized, the court will evaluate all relevant evidence and determine whether the consent should stand. This includes hearing testimony, reviewing documents, and often appointing a guardian ad litem to represent the child’s interests.
The process can delay finalization and introduce stress for the adoptive parents, but it doesn’t assure that the adoption will be overturned. A lawyer will represent both adoptive families and birth parents during these proceedings and always keep the focus on the child’s long-term welfare.
What Happens if the Contest Is Filed After Finalization?
After the court has issued a final adoption decree, Washington law treats the matter as closed—except under very rare and exceptional circumstances. A birth parent attempting to challenge an adoption after finalization must prove that the consent was obtained fraudulently and that they took immediate legal action upon discovering the issue.
Courts won’t undo a finalized adoption unless the error strikes at the heart of fairness and legality. Even then, the court will still weigh the child’s attachment to the adoptive family before making any changes.
It’s worth noting that appeals after finalization are extremely unlikely to succeed, especially when the child has been living in a stable environment with the adoptive family.
Why Legal Representation Matters in Contested Cases
Contested adoptions are emotionally charged, legally technical, and filled with procedural landmines. Adoption law in Washington is strict for a reason—it protects the permanence of adoptive placements and shields children from instability.
An attorney provides legal counsel to clients on both sides of the issue, and in every case, would advise careful review of the consent process from the very beginning.
Mistakes made early on—such as missing witnesses, rushed decisions, or flawed paperwork—can become flashpoints later in litigation. An attorney helps clients avoid these pitfalls through thorough preparation and honest conversation before any paperwork is signed.
Third-Party Influence and Undue Pressure
Sometimes, a birth parent contests an adoption not because of fraud or procedural error, but because of external pressure. Family members, religious advisors, or biological relatives may urge them to “change their minds.”
While this emotional influence doesn’t meet the legal standard for duress, it can create confusion. We’ve also seen cases where birth parents didn’t understand the finality of their consent, believing they had more time to reconsider. This is why adoption law requires that consent forms include clear statements about legal consequences.
The Emotional Weight on Adoptive Families
When adoptive parents receive word that a birth parent is trying to revoke consent, fear often sets in. They worry that they’ll lose the child they’ve begun raising. In most cases, courts side with adoptive families if the process has been followed legally and the child is adjusting well. But that doesn’t lessen the anxiety of facing litigation.
An attorney would advise adoptive families to stay calm, comply with all court requests, and document the care and bonding they’ve provided. The more they can show that the adoption is serving the child’s best interest, the stronger their position becomes.
Seeking Mediation in Disputes
Not every contested adoption has to lead to courtroom battles. Sometimes, birth parents want ongoing contact or reassurances about the child’s well-being. Washington law allows for open adoption agreements that provide a system for communication between birth and adoptive families.
If the parties can meet in the middle, mediation may offer a less destructive path. An attorney can help clients structure post-adoption contact agreements that serve everyone’s emotional needs while preserving the legal permanence of the adoption.
Reach Out Today
At Christina T. Sherman, PLLC, we’ll work with both adoptive parents and birth parents to prevent disputes before they begin. We’re proud to serve Fircrest, Washington, and the surrounding areas. Call us today to get started.