Revised Code of Washington

Wash. Rev. Code § 26.33.090 (2026)

✓ current as of May 2026

Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(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 s 4; 1985 c 421 s 2; 1984 c 155 s 9.]

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 21 cases, 1991–2020 · leading case: In the Matter of Adoption of Crews, 803 P.2d 24 (Wash. Ct. App. 1991).

Sort: Relevance Newest Treatment

In the Matter of Adoption of Crews, 803 P.2d 24 (Wash. Ct. App. 1991). · cites it 10× “RCW 26.33.090. Consent to adoption may be revoked at any time until it is approved by the court.”

In Re Md, 42 P.3d 424 (Wash. Ct. App. 2002). · cites it 6× “First, RCW 26.33.090 provides that the hearing on a petition for relinquishment "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.”

In Re Marriage of Furrow, 63 P.3d 821 (Wash. Ct. App. 2003). · cites it 2× “RCW 26.33.090. After the court approves the consent to adoption, it is irrevocable except for fraud or duress practiced by the person requesting the consent, or for lack of mental competency on the part of the person giving the consent, and (with a statutory exception not here…”

In re the Marriage of Furrow, 115 Wash. App. 661 (Wash. Ct. App. 2003). · cites it 2× “RCW 26.33.090. After the court approves the consent to adoption, it is irrevocable except for fraud or duress practiced by the person requesting the consent, or for lack of mental competency on the part of the person giving the consent, and (with a statutory exception not here…”

McKinney v. State, 134 Wash. 2d 388 (Wash. 1998). · cites it 3× “RCW 26.33.090(1). RCW 13.34.210 provides that when a court enters an order of termination of parental rights, and there is no remaining parent having parental rights, custody of the child is placed in the department or a licensed child-placing agency “for the purpose of placing…”

McKinney v. State, 950 P.2d 461 (Wash. 1998). · cites it 3× “RCW 26.33.090(1). RCW 13.34.210 provides that when a court enters an order of termination of parental rights, and there is no remaining parent having parental rights, custody of the child is placed in the department or a licensed child-placing agency "for the purpose of placing…”

State ex rel. D.R.M. v. Wood, 109 Wash. App. 182 (Wash. Ct. App. 2001). “RCW 26.33.090(4); RCW 13.34.190. The State may block a paternity action based on the child’s best interests, resulting in a single parent for the child.”

State Ex Rel. Drm, 34 P.3d 887 (Wash. Ct. App. 2001). “RCW 26.33.090(4); RCW 13.34.190. The State may block a paternity action based on the child's best interests, resulting in a single parent for the child.”

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.”

Lucas v. Dep't of Soc. & Health Servs., 870 P.2d 1037 (Wash. Ct. App. 1994). “210 (Department given custody oí child following termination of parental rights "for the purpose of placing the child for adoption”); RCW 26.33.090(5) ("An order of relinquishment to an agency or the department shall include an order authorizing the agency to place the child…”

In Re Est. of Fleming, 21 P.3d 281 (Wash. 2001). “080), hearings regarding those petitions (RCW 26.33.090), grounds for the termination of a parent-child relationship (RCW 26.”

Dep't of Soc. & Health Servs. v. Native Vill., 110 Wash. App. 524 (Wash. Ct. App. 2002). · cites it 5× “See RCW 26.33.090. This time period may be significantly longer, depending on when the petition is filed and/or the court schedules the hearing on the petition.”

Show all 21 citing cases →

— Wash. Rev. Code § 26.33.090(1) — 5 cases

In the Matter of Adoption of Crews, 803 P.2d 24 (Wash. Ct. App. 1991). “RCW 26.33.090. Consent to adoption may be revoked at any time until it is approved by the court.”

McKinney v. State, 134 Wash. 2d 388 (Wash. 1998). “RCW 26.33.090(1). RCW 13.34.210 provides that when a court enters an order of termination of parental rights, and there is no remaining parent having parental rights, custody of the child is placed in the department or a licensed child-placing agency “for the purpose of placing…”

McKinney v. State, 950 P.2d 461 (Wash. 1998). “RCW 26.33.090(1). RCW 13.34.210 provides that when a court enters an order of termination of parental rights, and there is no remaining parent having parental rights, custody of the child is placed in the department or a licensed child-placing agency "for the purpose of placing…”

Dep't of Soc. & Health Servs. v. Native Vill., 110 Wash. App. 524 (Wash. Ct. App. 2002). “See RCW 26.33.090. This time period may be significantly longer, depending on when the petition is filed and/or the court schedules the hearing on the petition.”

Dep. Of Loe, Lbe, Lje Patricia Ann Walsh v. Dcyf (Wash. Ct. App. 2020).

— Wash. Rev. Code § 26.33.090(1)(3) — 1 case

Dep. Of Loe, Lbe, Lje Patricia Ann Walsh v. Dcyf (Wash. Ct. App. 2020).

— Wash. Rev. Code § 26.33.090(2) — 1 case

In the Matter of Adoption of Crews, 803 P.2d 24 (Wash. Ct. App. 1991). “RCW 26.33.090. Consent to adoption may be revoked at any time until it is approved by the court.”

— Wash. Rev. Code § 26.33.090(3) — 5 cases

In Re Md, 42 P.3d 424 (Wash. Ct. App. 2002). “First, RCW 26.33.090 provides that the hearing on a petition for relinquishment "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.”

In Re Dependency of MS, 236 P.3d 214 (Wash. Ct. App. 2010).

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

Dep. Of Loe, Lbe, Lje Patricia Ann Walsh v. Dcyf (Wash. Ct. App. 2020).

— Wash. Rev. Code § 26.33.090(4) — 11 cases

In Re Marriage of Furrow, 63 P.3d 821 (Wash. Ct. App. 2003). “RCW 26.33.090. After the court approves the consent to adoption, it is irrevocable except for fraud or duress practiced by the person requesting the consent, or for lack of mental competency on the part of the person giving the consent, and (with a statutory exception not here…”

In re the Marriage of Furrow, 115 Wash. App. 661 (Wash. Ct. App. 2003). “RCW 26.33.090. After the court approves the consent to adoption, it is irrevocable except for fraud or duress practiced by the person requesting the consent, or for lack of mental competency on the part of the person giving the consent, and (with a statutory exception not here…”

— Wash. Rev. Code § 26.33.090(5) — 4 cases

In Re the Interest of J., 994 P.2d 279 (Wash. Ct. App. 2000).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.