Revised Code of Washington

Wash. Rev. Code § 26.33.080 (2026)

✓ current as of May 2026

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(1) A parent, an *alleged father, the department, or an agency may file with the court a petition to relinquish a child to the department or an agency. The parent's or *alleged father's written consent to adoption shall accompany the petition. The written consent of the department or the agency to assume custody shall be filed with the petition.

(2) A parent, *alleged father, or prospective adoptive parent may file with the court a petition to relinquish a child to the prospective adoptive parent. The parent's or *alleged father's written consent to adoption shall accompany the petition. The written consent of the prospective adoptive parent to assume custody shall be filed with the petition. The identity of the prospective adoptive parent need not be disclosed to the petitioner.

(3) A petition for relinquishment, together with the written consent to adoption, may be filed before the child's birth. If the child is an Indian child as defined in 25 U.S.C. Sec. 1903(4), the petition and consent shall not be signed until at least ten days after the child's birth and shall be recorded before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a).

[ 1987 c 170 s 3; 1985 c 421 s 1; 1984 c 155 s 8.]

Notes:

*Reviser's note: RCW 26.33.020 was amended by 2019 c 46 s 5034, changing the definition of "alleged father" to "alleged genetic parent."

Severability—1987 c 170: See note following RCW 13.04.030.

Notes of Decisions

Cited in 18 cases, 1991–2020 · leading case: In re the Marriage of Furrow, 115 Wash. App. 661 (Wash. Ct. App. 2003).

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In re the Marriage of Furrow, 115 Wash. App. 661 (Wash. Ct. App. 2003). · cites it 3× “Under RCW 26.33.080, a petition for relinquishment must be accompanied by a written consent to assume custody by the department, an agency, or a prospective adoptive parent, and the court shall award custody of the child to the consenting agency or prospective adoptive parent.”

In Re Marriage of Furrow, 63 P.3d 821 (Wash. Ct. App. 2003). · cites it 2× “Under RCW 26.33.080, a petition for relinquishment must be accompanied by a written consent to assume custody by the department, an agency, or a prospective adoptive parent, and the court shall award custody of the child to the consenting agency or prospective adoptive parent.”

In the Matter of Adoption of Crews, 803 P.2d 24 (Wash. Ct. App. 1991). · cites it 2× “RCW 26.33.080. The petition must contain a statement alleging whether the ICWA applies.”

State ex rel. D.R.M. v. Wood, 109 Wash. App. 182 (Wash. Ct. App. 2001). “RCW 26.33.080. A parent may have his or her parental rights terminated.”

State Ex Rel. Drm, 34 P.3d 887 (Wash. Ct. App. 2001). “RCW 26.33.080. A parent may have his or her parental rights terminated.”

In Re Md, 42 P.3d 424 (Wash. Ct. App. 2002). · cites it 2× “Appellants correctly note that in voluntary termination proceedings, RCW 26.33.080 requires the natural parent to file a petition to relinquish custody of the child and directs that the parent's "consent to adoption shall accompany the petition.”

In Re Jn, 95 P.3d 414 (Wash. Ct. App. 2004). “'s attorney went through the document line by line to ensure that T.N. understood every part of the relinquishment, including the ability to revoke relinquishment within 48 hours.”

In re the Welfare of J.N., 123 Wash. App. 564 (Wash. Ct. App. 2004). “’s attorney went through the document line by line to ensure that T.N. understood every part of the relinquishment, including the ability to revoke relinquishment within 48 hours.”

McKinney v. State, 134 Wash. 2d 388 (Wash. 1998). “A birth parent may voluntarily relinquish a child and give consent to adoption, RCW 26.33.080 through .090, or parental rights may be involuntarily terminated under RCW 26.”

McKinney v. State, 950 P.2d 461 (Wash. 1998). “A birth parent may voluntarily relinquish a child and give consent to adoption, RCW 26.33.080 through .090, or parental rights may be involuntarily terminated under RCW 26.”

In Re Est. of Fleming, 21 P.3d 281 (Wash. 2001). “Washington's adoption statute includes provisions for the filing of petitions for relinquishment of parental rights (RCW 26.33.080), hearings regarding those petitions (RCW 26.”

In Re Dependency of MS, 236 P.3d 214 (Wash. Ct. App. 2010). · cites it 4× “RCW 26.33.080, .090. Reading these provisions together with RCW 26.”

Show all 18 citing cases →

— Wash. Rev. Code § 26.33.080(1) — 5 cases

In Re Marriage of Furrow, 63 P.3d 821 (Wash. Ct. App. 2003). “Under RCW 26.33.080, a petition for relinquishment must be accompanied by a written consent to assume custody by the department, an agency, or a prospective adoptive parent, and the court shall award custody of the child to the consenting agency or prospective adoptive parent.”

In re the Marriage of Furrow, 115 Wash. App. 661 (Wash. Ct. App. 2003). “Under RCW 26.33.080, a petition for relinquishment must be accompanied by a written consent to assume custody by the department, an agency, or a prospective adoptive parent, and the court shall award custody of the child to the consenting agency or prospective adoptive parent.”

In Re Dependency of MS, 236 P.3d 214 (Wash. Ct. App. 2010). “RCW 26.33.080, .090. Reading these provisions together with RCW 26.”

Sigurdson v. Dep't of Soc. & Health Servs., 156 Wash. App. 907 (Wash. Ct. App. 2010).

In the Matter of the Custody of G.A.-K.K. (Wash. Ct. App. 2019).

— Wash. Rev. Code § 26.33.080(2) — 3 cases

In the Matter of the Custody of G.A.-K.K. (Wash. Ct. App. 2019).

In Re The Welfare Of: A.r.d.l. (Wash. Ct. App. 2018).

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